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  #1  
Old 07-12-2019, 9:34 PM
Drew Eckhardt Drew Eckhardt is offline
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Default Bullet buttons which block the unaltered release mechanism

Through 2016, PC 30515(a) stated
Quote:
30515. (a) Notwithstanding Section 30510, “assault weapon” also means any of the following:
(1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and has at least one of the following:
where "Detachable magazine" was defined by 11 CCR 5469(a)

Quote:
“Detachable magazine” means any ammunition feeding device that can be removed readily from the firearm with neither disassembly of the firearm action nor use of a tool being required.
saying nothing about the "release mechanism". Compliance on non-ARs was sometimes achieved by blocking the unaltered original release mechanism to prevent finger access.

Now, 11 CCR 5477 states
Quote:
(a) The release mechanism for an ammunition feeding device on an assault weapon registered pursuant to Penal Code section 30900, subdivision (b)(1) shall not be changed after the assault weapon is registered. A weapon's eligibility for registration pursuant to Penal Code section 30900, subdivision (b)(1) depends, in part, on its release mechanism. Any alteration to the release mechanism converts the assault weapon into a different weapon from the one that was registered.
(b) The prohibition in subdivision (a) does not extend to the repair or like-kind replacement of the mechanism.
where the plain English meaning of "mechanism" is
Quote:
an assembly of moving parts performing a complete functional motion, often being part of a large machine
of which a separate finger access denying compliance device is not a part.

While 11 CCR 5471(f) defines a "Bullet-button" to include the shielding "magazine lock", it is silent on that being part of the "release mechanism"
Quote:
“Bullet-button” means a product requiring a tool to remove an ammunition feeding device or magazine by depressing a recessed button or lever shielded by a magazine lock. A bullet-button equipped fully functional semiautomatic firearm does not meet the fixed magazine definition under Penal Code section 30515(b).
The X95 part preventing magazine release button access clamps on without even screwing into the gun and isn't part of the release mechanism:



Some FAL bullet buttons replaced the catch pivot screw which is arguably part of the mechanism, although that could be retained when the shield is discarded with appropriate washers taking its place:



Common bullet buttons used on ARs have a small button, sliding within the fence hole, held in the closed position by a small spring which bears on that surrounding part arguably making it part of the "release mechanism" which cannot be "changed" or "altered"

Last edited by Drew Eckhardt; 07-13-2019 at 11:26 AM..
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Old 07-13-2019, 10:16 AM
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Librarian Librarian is offline
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Note that current PC 30515, in relevant parts, reads
Quote:
30515.

(a) Notwithstanding Section 30510, “assault weapon” also means any of the following:

(1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following:

...

(b) For purposes of this section, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.
That is, for semi-automatic rifles, the code no longer mentions 'detachable'.

Do you have a particular way to follow CA law on 'assault weapons' applicable to FALs or X95s?
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Old 07-13-2019, 11:01 AM
Drew Eckhardt Drew Eckhardt is offline
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Quote:
Originally Posted by Librarian View Post
Note that current PC 30515, in relevant parts, reads That is, for semi-automatic rifles, the code no longer mentions 'detachable'.

Do you have a particular way to follow CA law on 'assault weapons' applicable to FALs or X95s?
Removing a "bullet button" which merely blocks access to an unmodified original magazine "release mechanism" does not "change" or "alter" that mechanism according to a plain English reading of 11 CCR 5477 as it stands today.

Through 2016, PC 30515(a)(1) and 11 CCR 5469 were silent on "release mechanisms," merely stipulating that we couldn't have "detachable magazines" which required neither disassembly nor tools for removal.

On some guns including the X95 we complied with additions that did not "change" or "alter" the "release mechanism" according to plain English, law, or regulation at the time. We don't violate 11 CCR 5477 now by removing the finger denial part and leaving the "release mechanism" unmolested.

With some guns like the FAL, we replaced part of the "release mechanism" to retain a separate finger denial device. We don't violate restrictions on "changing" or "altering" the "release mechanism" when we remove the shield but retain that modification.

Obviously, doing this is unwise with the high cost of even winning a case. Consulting a lawyer would be prudent if one pursues this.

An AR style "bullet button" is different because the finger denial piece interacts mechanically with the substitute moving "release mechanism" parts thus arguably making it part of that mechanism.

I'm an engineer, not a lawyer. No one goes to prison when someone disagrees with how I interpret a technical specification as a professional.

Last edited by Drew Eckhardt; 07-13-2019 at 11:52 AM..
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Old 07-13-2019, 4:05 PM
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tenemae tenemae is offline
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Quote:
Originally Posted by Librarian View Post
\Do you have a particular way to follow CA law on 'assault weapons' applicable to FALs or X95s?
The way I read it sounded like OP was philosophizing on the ramifications of removing the "bullet button" on a registered AW AK style device, where the DoJ has instructed that the magazine release mechanism on a RAW could not be altered (to prevent people from swapping out bullet buttons on ARs with free-state releases after registration).

From what I understand, the AR bullet buttons actually replaced the free-state mag release (raddlock, etc). The AK style "bullet buttons" were merely pieces of metal clamped around the trigger guard, completely separate form the mag release, with the sole function of preventing a human finger from accessing the mag release and thus requiring a "tool" to operate it. Removing the piece of metal "shrouding" the mag release does not alter the mag release itself. It simply removes the necessity to use a tool to operate the mag release. The implication being that removing the mag release shroud does not violate the DoJ's instruction to not alter the magazine release.

It seems to me, at first consideration, that OP's conjecture is perfectly logical and consistent with the letter of the law (but not intent).
Standard disclaimers: I am not a lawyer. Some dude on the interwebs. Consult your attorney, etc, etc
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Old 07-14-2019, 12:54 PM
Riezing Riezing is offline
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I guess this is really similar to a thread I had started awhile ago

https://www.calguns.net/calgunforum/....php?t=1535168

I had suggested that for common AK style mag locks, if the metal piece that was around the original mag release was moved rearward without detaching it, the release mechanism would then be accessible, and still "should" be following the law, since the actual release mechanism wasn't changed. Apparently, because now there's a new method to release the magazine, doing so would constitute a change in the release mechanism. I personally don't buy that, but hey, I'm not a lawyer.
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Old 07-14-2019, 1:25 PM
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tenemae tenemae is offline
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Quote:
Originally Posted by Riezing View Post
I guess this is really similar to a thread I had started awhile ago

https://www.calguns.net/calgunforum/....php?t=1535168
Thanks for the link- I missed that thread. Funny that you referred to it as a "shroud" also.

I don't buy the reasoning that thread ended with:
Quote:
Can you now release the magazine in a manner which didn't exist prior to registration? If so, one could fairly easily argue that the release mechanism has been altered
So if my garage is tight and I can't open my passenger door while the car is garaged, I am required to enter my car through the driver side door. If I back my car out of the garage, I can now enter the car through my passenger door. This does not constitute "altering" my car. The same logic applies to the actual release mechanism.

I don't think a prosecution would hold up in court.... but if you're in front of a judge, you've lost anyways ($$$, time, stress, etc).
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