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  #1  
Old 07-30-2009, 5:07 PM
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Default New! Calguns Foundation Wiki FAQ section

http://wiki.calgunsfoundation.org/in...sked_Questions

The point here is to answer the EASY, SIMPLE questions. These are intentionally very short, as close to a one screen display as I could get.

The full, complicated, including every exception and every nuance articles are in the main part of the Wiki; I tried to reference those sections for each of the FAQ pages, so if someone needs the gory details, they're available

Right now, has these:
  • How do I legally transport a HANDGUN?
  • How do I legally transport a LONG GUN?
  • How do I legally transport AMMUNITION?
  • How do I legally transport a REGISTERED “ASSAULT WEAPON”?
  • What is a REGISTERED “ASSAULT WEAPON”?
  • What is an OFF LIST LOWER (OLL)?
  • Where can I HAVE A FIREARM?
  • What FIREARMS ARE LEGAL IN CALIFORNIA?
  • How do I get a CONCEALED WEAPONS LICENSE?
  • How do I BUY A GUN?
  • Can I BUY A GUN OUTSIDE CALIFORNIA?
  • Can I BUY A HANDGUN NOT ON THE “ROSTER”?
  • Can I BUY/SELL/OWN AN UNREGISTERED FIREARM?
  • What is an INTRAFAMILY TRANSFER?
  • What is a PRIVATE PARTY TRANSFER?
  • What are AGE LIMITS for …
  • What is UNLOADED OPEN CARRY (UOC)?
  • Where can I read the PENAL CODE for FIREARMS?
  • Where can I read COUNTY and MUNICIPAL CODES?
  • What about KNIVES?
  • What about MAGAZINES?

It also has links to several good Calguns threads, and a couple of DOJ products.

If you have corrections, comments, more questions (and answers!) to add to the collection, I'd love to hear them.
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!
"The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."

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Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.”

Not a lawyer, just Some Guy On The Interwebs.




Last edited by Librarian; 07-30-2009 at 10:43 PM..
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  #2  
Old 07-30-2009, 7:08 PM
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Brilliant.

Outstanding work.
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You do know there are more guns in the country than there are in the city.
Everyone and their mums is packin' round here!
Like who?
Farmers.
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Farmers' mums.
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  #3  
Old 07-30-2009, 7:12 PM
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AWESOME!
can we (erm,... you) add a
"Can I make my own legal firearm?" entry?
(seems to get asked a lot...)
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  #4  
Old 07-30-2009, 7:21 PM
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well hope it cuts down on the repeat after repeat threads......good idea.
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  #5  
Old 07-30-2009, 7:29 PM
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Quote:
Originally Posted by goober_0 View Post
AWESOME!
can we (erm,... you) add a
"Can I make my own legal firearm?" entry?
(seems to get asked a lot...)
Sure. Can you answer that in about 3 sentences?

I know the general answer is 'yes', but I don't know much else about that.
__________________
ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!
"The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."

- Marcus Aurelius
Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.”

Not a lawyer, just Some Guy On The Interwebs.



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  #6  
Old 07-30-2009, 7:44 PM
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Quote:
Originally Posted by Librarian View Post
Sure. Can you answer that in about 3 sentences?

I know the general answer is 'yes', but I don't know much else about that.
How about:

It is legal to make your own firearm for your own use, provided the one you build is legal for you to own in your state/municipality. There is no legal requirement for serialization or registration as long as you build a non-NFA firearm. You may not make a firearm with the intent to sell it, unless you possess a valid manufacturer's license.

or something like that. that covers most of the bases, but not all the nuances, in keeping with the stated intent of the FAQ.
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  #7  
Old 07-30-2009, 9:15 PM
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Quote:
Originally Posted by goober_0 View Post
How about:

It is legal to make your own firearm for your own use, provided the one you build is legal for you to own in your state/municipality. There is no legal requirement for serialization or registration as long as you build a non-NFA firearm. You may not make a firearm with the intent to sell it, unless you possess a valid manufacturer's license.

or something like that. that covers most of the bases, but not all the nuances, in keeping with the stated intent of the FAQ.
Let's see, what does BATF say:
http://www.atf.gov/firearms/faq/faq2.htm#a6
Quote:
(A6) Does the GCA prohibit anyone from making a handgun, shotgun or rifle?

With certain exceptions a firearm may be made by a non-licensee provided it is not for sale and the maker is not prohibited from possessing firearms.

However, a person is prohibited from assembling a non-sporting semi-automatic rifle or non-sporting shotgun from imported parts.

In addition, the making of an NFA firearm requires a tax payment and approval by ATF.

An application to make a machine gun will not be approved unless documentation is submitted showing that the firearm is being made for a Federal or State agency.

[18 U.S.C. 922(o) and (r), 26 U.S.C. 5822, 27 CFR 478.39, 479.62 and 479.105]
and they have a PDF
Quote:
Building a Firearm


Question: Is it legal to assemble a firearm from commercially available parts kits that can be purchased via internet or shotgun news?

Answer: For your information, per provisions of the Gun Control Act (GCA) of 1968, 18 U.S.C. Chapter 44, an unlicensed individual may make a “firearm” as defined in the GCA for his own personal use, but not for sale or distribution.

The GCA, 18 U.S.C. § 921(a)(3), defines the term “firearm” to include the following:

“...(A) any weapon (including a starter gun) which will or is designed to or may be readily converted to expel a projectile by the action of an explosive: (B) the frame or receiver of any
such weapon; (C) any firearm muffler or silencer; or (D) any destructive device. Such term does not include an antique firearm.”

In addition, the National Firearms Act (NFA), 26 U.S.C. § 5845(b), defines the term "machinegun" as—

“...any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.
This term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in
converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person.”

Finally, the GCA, 18 U.S.C. § 922(r), specifically states the following:

“It shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under
the...[GCA]...Section 925(d)(3)...as not being particularly suitable for or readily adaptable to sporting purposes....”

Also, 27 C.F.R. § 478.39 states—

“...(a) No person shall assemble a semiautomatic rifle or any shotgun using more than 10 of the imported parts listed in paragraph (c) of this section if the assembled firearm is prohibited from importation under section 925(d)(3) as not being particularly suitable for or readily adaptable to sporting purposes.....

(b) The provisions of this section shall not apply to:

(1) The assembly of such rifle or shotgun for sale or distribution by a licensed manufacturer to the United States or any department or agency thereof or to any State or any
department, agency, or political subdivision thereof; or (2) The assembly of such rifle or shotgun for the purposes of testing or experimentation authorized by the Director under the provisions of [§478.151(formerly 178.151)]; or (3) The repair of any rifle or shotgun which had been imported into or assembled in the United States prior to November 30, 1990, or the replacement of any part of such firearm.

(c) For purposes of this section, the term imported parts [tabulated below] are:


(1) Frames, receivers, receiver castings, forgings, or castings.
(2) Barrels.
(3) Barrel extensions.
(4) Mounting blocks (trunnions).
(5) Muzzle attachments.
(6) Bolts.
(7) Bolt carriers.
(8) Operating rods.
(9) Gas pistons.
(10) Trigger housings.
(11) Triggers.
(12) Hammers.
(13) Sears.
(14) Disconnectors.
(15) Buttstocks.
(16) Pistol grips.
(17) Forearms, handguards.
(18) Magazine bodies.
(19) Followers.
(20) Floor plates.


As a result of a 1989 study by the U.S. Treasury Department regarding the importability of certain firearms, an import ban was placed on military-style firearms. This ban included not only military-type firearms, but also extended to firearms with certain features that were considered to be “nonsporting.”

Among such nonsporting features were the ability to accept a detachable magazine; folding/telescoping stocks; separate pistol grips; and the ability to accept a bayonet, flash
suppressors, bipods, grenade launchers, and night sights.

Please note that the foreign parts kits that are sold through commercial means are usually cut up machineguns, such as Russian AK-47 types, British Sten types, etc. Generally, an acceptable semiautomatic copy of a machinegun is one that has been significantly redesigned. The receiver must be incapable of accepting the original fire-control components that are designed to permit full automatic fire. The method of operation should employ a closed-bolt firing design that incorporates an inertia-type firing pin within the bolt assembly.

Further, an acceptably redesigned semiautomatic copy of nonsporting firearm must be limited to using less than 10 of the imported parts listed in 27 CFR § 478.39(c). Otherwise, it is considered to be assembled into a nonsporting configuration per the provisions of 18 U.S.C. 925(d)(3) and is thus a violation of § 922(r).

Individuals manufacturing sporting-type firearms for their own use need not hold Federal Firearms Licenses (FFLs). However, we suggest that the manufacturer at least identify the firearm with a serial number as a safeguard in the event that the firearm is lost or stolen. Also, the firearm should be identified as required in 27 CFR 478.92 if it is sold or otherwise lawfully transferred in the future.
The summary looks good to me.

Anything else on the topic important?

ETA -- First version here: http://wiki.calgunsfoundation.org/in...E_A_FIREARM%3F
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!
"The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."

- Marcus Aurelius
Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.”

Not a lawyer, just Some Guy On The Interwebs.




Last edited by Librarian; 07-30-2009 at 10:41 PM..
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  #8  
Old 07-30-2009, 11:11 PM
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Quote:
Originally Posted by Librarian View Post
Let's see, what does BATF say:
http://www.atf.gov/firearms/faq/faq2.htm#a6
and they have a PDF
The summary looks good to me.

Anything else on the topic important?

ETA -- First version here: http://wiki.calgunsfoundation.org/in...E_A_FIREARM%3F
sweet!
u da MAN!
da Librarian man
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  #9  
Old 07-30-2009, 11:19 PM
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great idea, thanks
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  #10  
Old 07-31-2009, 2:35 PM
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good job!
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Quote:
Originally Posted by Jpach View Post
Just do what M Sage and others have said to do, they know what theyr talkin about. Just dont urinate in your barrel and expect ur rifle to be ok. My buddy and I recently went shooting and he shot corrosive yugo ammo through his Mosin and figured he could just piss in the barrel and call it a day. Several days later the bolt was rusted shut but I guess the fouling wasnt TOO bad.
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  #11  
Old 10-31-2009, 8:03 PM
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So, the Wiki FAQs have been up for three months now.

What did I miss? What has happened in that time that needs an FAQ posting? What should be fixed? What would make the FAQs better?
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!
"The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."

- Marcus Aurelius
Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.”

Not a lawyer, just Some Guy On The Interwebs.



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