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  #1  
Old 06-24-2009, 7:23 PM
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Default FAQ on Registered Assault Weapon (RAW) ownership/usage

Frequently Asked Questions on Ownership of a California Registered Assault Weapon (RAW)

This is a FAQ on possession and use of your legally owned RAW. I created it because I see these questions come up all the time. If there are questions I missed or answers that need corrections, please post in the thread and I'll add/correct as necessary.

I do not cover the question of "what is a RAW" or "how do I know if I have a RAW". If you're not sure whether you have a RAW do a search or ask the question in this forum. I do not cover off-list rifles either. That's another topic entirely, with plenty of documentation elsewhere.


THIS FAQ IS NOT LEGAL ADVICE AND SHOULD NOT BE RELIED ON. IT IS A STARTING POINT TO HELPING YOU UNDERSTAND THE ISSUES. YOU ARE RESPONSIBLE FOR KNOWING THE LAW YOURSELF. THE LAW IS CONTAINED IN THE PENAL CODE (LINKS PROVIDED) AND CASE LAW. IF YOU'RE UNSURE WHETHER SOMETHING IS LEGAL, HIRE AN ATTORNEY EXPERIENCED IN GUN LAW ISSUES.


Table of Contents


A. Going out with your RAW
  1. Do I need to carry my registration letter with me whenever I take my RAW out shooting?
  2. Where can I go with/possess my RAW?
  3. What's the law regarding driving with my RAW?
  4. I want to travel out of state and back with my RAW. Can I do it?
B. Magazines, Features, Uppers
  1. Can I add "evil features" such as a forward grip/collapsible stock/flash suppressor, etc., and use them with detachable magazines?
  2. Do I need to use a bullet button with my RAW?
  3. Can I use high-capacity (10+ rounds) magazines in my RAW?
  4. Can I put a different upper on my AR-type RAW lower?
  5. Can I put an upper of a different caliber on my AR-type RAW lower?
  6. Can I put a .50 BMG upper on my AR-type RAW lower if my lower is not a CA registered .50 BMG rifle?
C. Ownership/Lending/Registration
  1. Can I lend my RAW to someone else?
  2. Can a RAW be inherited?
  3. Can a RAW be sold?
  4. My RAW was destroyed/damaged beyond repair. Can I turn it in and register another one in its place?
  5. Can I de-register my RAW?
D. AW registration by LEOs (section to be completed)


Frequently Asked Questions

A. Going out with your RAW
  1. Do I need to carry my registration letter with me whenever I take my RAW out shooting?

    The answer is "no", there is no legally mandated requirement to carry your registration letter, nor are you legally required to produce it to law enforcement upon request. However, if it makes you feel more comfortable to have it with you, there's no harm in making a copy and bringing it along. Again, make a copy and leave the original in a safe place.

    --
  2. Where can I go with/possess my RAW?

    Per PC 30945 there are limited places where you're allowed to possess your RAW. These include target/shooting ranges and clubs, as well as residential/business property. Residential/business property includes your residence, place of business (i.e., a business that you own, not a place where you happen to be employed), other property you own, or someone else's property with that property owner's permission. Note that taking your RAW to your friend's (rented) apartment would not be allowed unless the apartment owner specifically permitted it.

    There are a couple other locations allowed; read PC 30945 at the link above. Go as directly as possible between allowed destinations.

    You can also take your RAW out of California and back (see the separate FAQ entry for this below).

    You're allowed to transport your RAW between the destinations above only.

    You may not leave your RAW in your vehicle at all times, so a RAW cannot be a "truck gun".


    --
  3. What's the law regarding driving with my RAW?

    It should be unloaded and locked in the trunk of your car, or if you don't have a trunk, in a secure, locked case. See PC 30945(g), which references PC 16850 and PC 25610.

    You may have loaded magazines in the same locked container as your RAW, but you may NOT have magazines inserted into the firearm. A loaded magazine in the magwell while transporting your firearm would put you in violation of the statutes regarding the carrying of loaded firearms.


    --
  4. I want to travel out of state and back with my RAW. Can I do it?

    Yes. While in your car make sure you are transporting your RAW legally PC 25610. If you are traveling by air make sure that you follow the airlines regulations regarding transportation of firearms (beyond the scope of this FAQ). It's recommended that you bring a copy of your registration letter so that if any questions arise on your way there or back, you've got your documentation. On your way back go directly from the airport to your home.


B. Magazines, Features, Uppers
  1. Can I add "evil features" such as a forward grip/collapsible stock/flash suppressor, etc., and use them with detachable magazines?

    Yes, you can add "evil features" to a RAW and use them with detachable magazines. These features include:

    - Pistol grip
    - Thumbhole stock
    - Collapsible stock
    - Flare launcher (but NOT a grenade launcher)
    - Flash suppressor
    - Vertical forward grip (VFG)
    - Bayonet lug (this was never banned by CA, only by the Federal ban that expired in 2004, but sometimes people still ask about it)

    --
  2. Do I need to use a bullet button with my RAW?

    No, you do not. RAWs may be used with detachable magazines because they are registered with the state as assault weapons.

    --
  3. Can I use high-capacity (10+ rounds) magazines in my RAW?

    You may use whatever magazines are legal to possess in CA.

    --
  4. Can I put a different upper on my AR-type RAW lower?

    Yes, you can put any upper on it that's otherwise legal to possess and use with your lower. What do I mean by "otherwise legal to possess"? For rifle lowers this means an upper whose barrel is greater than 16" in overall length. Do not put a pistol upper (less than 16" in overall length) on a rifle lower or you'll be creating a short-barreled rifle (SBR), which is illegal in CA.

    --
  5. Can I put an upper of a different caliber on my AR-type RAW lower?

    Yes. It doesn't matter what caliber is listed on your RAW registration or on the receiver itself.

    --
  6. Can I put a .50 BMG upper on my AR-type RAW lower if my lower is not a CA registered .50 BMG rifle?

    Yes. Per PC 12278(a), if the rifle is already a RAW it does not have to be separately registered as a .50 BMG rifle.

    Technical note: some forum members have expressed concerns about potential stresses this cartridge may place on an AR lower used with a .50 BMG upper. Other members believe this is a non-issue, and that the lower isn't a stressed component. There isn't a clear answer to this. If you only have one AR-type RAW lower you may want to research this topic. An alternative would be using a different caliber upper, such as .510 DTC, on an off-list lower.

C. Lending/Inheriting
  1. Can I lend my RAW to someone else?

    Yes per PC 30660, if ALL of the following are true:
    - The person you are lending to is 18 or older and legally able to possess a firearm
    - You are with the person at all times
    - You're at a shooting range or valid exhibition event (see the PC for the def. of what is a valid exhibition event)

    --
  2. Can a RAW be inherited?

    No. Per PC 12285(b)(1), when the owner passes away one of the following things must be done with the RAW:

    - Render it permanently inoperable
    - Sell it to an FFL with an AW permit
    - Obtain an AW permit (impossible unless you are LEO or in the firearms business)
    - Remove it from the state

    If you're in this situation the best options are to sell it to an FFL with an AW permit, or sell it to someone in another state where it's legal to possess. If you do the latter, have it shipped out of CA by an FFL with an AW permit.

    --
  3. Can a RAW be sold?

    Generally speaking A RAW may NOT be sold/transferred within the state of California.

    If you want to sell your RAW you have two options:

    - You may sell it to a CA FFL who possesses a CA Assault Weapons permit.
    - You may sell it to an individual in another state (assuming it's legal in that state). Shipping of a RAW must be handled by a CA FFL with an AW permit. Alternatively you may drive it out of state yourself and ship it from there.

Last edited by Omega13device; 07-31-2016 at 11:50 AM..
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Old 06-24-2009, 7:24 PM
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4. My RAW was destroyed/damaged beyond repair. Can I turn it in and register another one in its place?

No. There's no provision for substituting a new rifle for another one on your existing registration, nor can you register new AWs.*

*Technically there is still a registration process in place as specified in the PC, by which you can register a new AW if you have "good cause". However the DOJ seems to limit "good cause" to business purposes such as Hollywood prop masters and others who use firearms in their business. If you try to register a new AW with "my old one broke" as your good cause, you will likely be denied.

--
5. Can I de-register my RAW?

Is your RAW listed in [http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=30001-31000&file=30500-30530"]PC 30510[/URL]? If it is, then NO, it cannot be de-registered.

RAW pistols with magwell outside the pistol grip cannot be de-registered.

RAW's that are not listed in 30510 can be de-registered by contacting the CA DOJ. However, keep in mind a couple of consequences for doing this:
  • You will have to run your firearm in a "featureless" configuration, so that it doesn't meet the definition of an AW based on features. See PC 30515.
  • De-registering is essentially permanent. You will not be able to register it again because once it registration period closes it does not re-open.

Last edited by Omega13device; 07-31-2016 at 12:03 PM..
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  #3  
Old 06-24-2009, 7:24 PM
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Also saved...
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Old 06-24-2009, 7:33 PM
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Nice
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Old 06-24-2009, 7:34 PM
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Quote:
Note that taking your RAW to your friend's (rented) apartment would not be allowed unless the apartment owner specifically permitted it.
Help me out here, I don't believe this was ever fully set in stone. I know it has been discussed a lot. When a person rents a domicile, it is their domicile while they are in tenancy. Thus with their permission, I can't see why it needs the owner to allow it to be permitted. Is there some specific code on this or case law?
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Old 06-24-2009, 7:42 PM
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Quote:
Originally Posted by odysseus View Post
Help me out here, I don't believe this was ever fully set in stone. I know it has been discussed a lot. When a person rents a domicile, it is their domicile while they are in tenancy. Thus with their permission, I can't see why it needs the owner to allow it to be permitted. Is there some specific code on this or case law?
Yes, in the link I included for 12285(c)...but I'll paste it in below for convenience. Perhaps there's some case law I'm not aware of that illuminates the issue further, if so I'll update the entry.

Quote:
(c) A person who has registered an assault weapon or registered a
.50 BMG rifle under this section may possess it only under any of
the following conditions unless a permit allowing additional uses is
first obtained under Section 12286:
(1) At that person's residence, place of business, or other
property owned by that person, or on property owned by another with
the owner's express permission.

(2) While on the premises of a target range of a public or private
club or organization organized for the purpose of practicing
shooting at targets.
(3) While on a target range that holds a regulatory or business
license for the purpose of practicing shooting at that target range.

(4) While on the premises of a shooting club which is licensed
pursuant to the Fish and Game Code.
(5) While attending any exhibition, display, or educational
project which is about firearms and which is sponsored by, conducted
under the auspices of, or approved by a law enforcement agency or a
nationally or state recognized entity that fosters proficiency in, or
promotes education about, firearms.
(6) While on publicly owned land if the possession and use of a
firearm described in Section 12276, 12276.1, 12276.5, or 12278, is
specifically permitted by the managing agency of the land.
(7) While transporting the assault weapon or .50 BMG rifle between
any of the places mentioned in this subdivision, or to any licensed
gun dealer, as defined in subdivision (c) of Section 12290, for
servicing or repair pursuant to subdivision (b) of Section 12290, if
the assault weapon is transported as required by Section 12026.1.
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Old 06-24-2009, 7:48 PM
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Quote:
Originally Posted by Omega13device View Post
Yes, in the link I included for 12285(c)...but I'll paste it in below for convenience. Perhaps there's some case law I'm not aware of that illuminates the issue further, if so I'll update the entry.
I did read that before I posted it, perhaps I should have mentioned that. It doesn't address the issue of rented property and you bringing your AW to say, for example, your friend's (with his knowledge and permission) house which he rents.
.
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Old 06-24-2009, 8:20 PM
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So can I take my 308 RAW AR rifle out to a national forest and use it for hunting?
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Old 06-24-2009, 9:38 PM
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Quote:
Originally Posted by odysseus View Post
I did read that before I posted it, perhaps I should have mentioned that. It doesn't address the issue of rented property and you bringing your AW to say, for example, your friend's (with his knowledge and permission) house which he rents.
.
Let's try it again with some additional highlighting:

Quote:
(c) A person who has registered an assault weapon or registered a
.50 BMG rifle under this section may possess it only under any of
the following conditions
unless a permit allowing additional uses is
first obtained under Section 12286:
(1) At that person's residence, place of business, or other
property owned by that person, or on property owned by another with
the owner's express permission.
Since it says "only under any of the following conditions" I don't see any wiggle room for permission of the renter, at least not in the PC.

Last edited by Omega13device; 06-24-2009 at 9:40 PM..
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Old 06-24-2009, 9:42 PM
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Nicely done. Thanks.
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Old 06-24-2009, 10:19 PM
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A very well done FAQ - thank you.

We seriously need to co-locate/consolidate/make more obvious/high profile all the very well done FAQs that people have done.
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Old 06-25-2009, 6:08 AM
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Quote:
Originally Posted by uclaplinker View Post
We seriously need to co-locate/consolidate/make more obvious/high profile all the very well done FAQs that people have done.
Created! See the other thread in this forum.
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Old 06-25-2009, 9:54 AM
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Thanks for the information OP. Question, what if someone has a RAW and there is a terminal problem with the registered lower (and the lower maker is now out of business). Is there a way to turn the broken lower in, and register a different one in its place?
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Old 06-25-2009, 10:18 AM
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Quote:
Originally Posted by rodog View Post
Thanks for the information OP. Question, what if someone has a RAW and there is a terminal problem with the registered lower (and the lower maker is now out of business). Is there a way to turn the broken lower in, and register a different one in its place?
Simple answer: No.

The DOJ and legislature are tickled pink whenever a RAW is removed from the population so there is no way they're going to let you have another one. The one exception is law enforcement officers, who can register an AW with a department letter.

Good question though, I'll add it to the FAQ.

LEO AW's are another section I will need to add.
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Old 06-25-2009, 10:24 AM
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If a RAW can't be inherited or transferred, what happens when the owner dies? Is the estate supposed to surrender the weapon to law enforcement?
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Old 06-25-2009, 10:44 AM
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12285(b)(1) Except as provided in paragraph (2), no assault weapon possessed pursuant to this section may be sold or transferred on or after January 1, 1990, to anyone within this state other than to a licensed gun dealer, as defined in subdivision (c) of Section 12290, or as provided in Section 12288. Any person who (A) obtains title to an assault weapon registered under this section or that was possessed pursuant to paragraph (1) of subdivision (f) of Section 12280 by bequest or intestate succession, or (B) lawfully possessed a firearm subsequently declared to be an assault weapon pursuant to Section 12276.5, or subsequently defined as an assault weapon pursuant to Section 12276.1, shall, within 90 days, render the weapon permanently inoperable, sell the weapon to a licensed gun dealer, obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 12230) of Chapter 2, or remove the weapon from this state. A person who lawfully possessed a firearm that was subsequently declared to be an assault weapon pursuant to Section 12276.5 may alternatively register the firearm within 90 days of the declaration issued pursuant to subdivision (f) of Section 12276.5.
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Old 06-25-2009, 11:09 AM
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Great info, just added this to the inheritance item.
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Old 06-25-2009, 11:13 AM
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Quote:
Originally Posted by Omega13device View Post
3. What's the law regarding driving with my RAW?

It should be unloaded and locked in the trunk of your car, or if you don't have a trunk, in a secure, locked case. See PC 12285(c)(7). It's no different from the requirement for driving with any other type of long gun.
I think the last sentence needs to be changed I thought long guns only had to be unloaded in a car, not locked, obviously excluding RAWs, but isn't that a difference?
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Old 06-25-2009, 11:45 AM
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I think you're right...I just added that this morning but I wasn't thinking. It's gone now.
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Old 06-25-2009, 12:05 PM
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A few Questions.

If one owns a RAW, but never received a letter of acknowledgement from DOJ, but it shows on the list of firearms owned, from DOJ with a comment 'do not arrest based on this report', next to the RAW.

And if the person has moved to a different resident address from the one originally resided at when the RAW fee was paid during the Pre-Banned period.

Can a individual contact DOJ for a copy of the 'Letter of Acknowledgement for the RAW', without creating any problems?

When a person moves, is the individual responsible to notify DOJ with a change of address for the RAW or is it automatically linked to your DMV change of address.

Is there a timeline to notify DOJ with a change of address?
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Old 06-25-2009, 12:53 PM
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Quote:
Originally Posted by 586L-Frame View Post
When a person moves, is the individual responsible to notify DOJ with a change of address for the RAW or is it automatically linked to your DMV change of address.

Is there a timeline to notify DOJ with a change of address?

NO.

There is no requirement to notify the CA DOJ of an address change for those who own a RAW.
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Old 06-25-2009, 1:33 PM
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Thanks Sniper3142!

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Old 06-26-2009, 2:19 AM
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My father has RAW's. We shoot at a private residence (shooting range), Am I allowed to take them out with the papers (we have always taken them with us) in my own vehicle not under his supervision? I don't see what the problem would be, hell, I even heard he can give them to me some day.
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Old 06-26-2009, 6:03 AM
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Quote:
Originally Posted by GhillieGuy View Post
My father has RAW's. We shoot at a private residence (shooting range), Am I allowed to take them out with the papers (we have always taken them with us) in my own vehicle not under his supervision? I don't see what the problem would be, hell, I even heard he can give them to me some day.
No and no. Read the FAQ, C1 and C2.
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