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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel. |
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#1
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As I understand it, BATF allows manufacturing of "normal" firearms w/o a license as long as you are not doing so for purposes of resale.
Are there any CA restrictions on doing so? In particular I'm interested if it's *clearly* legal to make your own double action revolver w/o a manufacturing FFL.
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http://coltpython.blogspot.com/ |
#2
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It has to follow a design that has already been manufactured, IIRC.
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![]() Member, CRPA Board of Directors "No one could make a greater mistake than he who did nothing because he could do only a little." - Edmund Burke Search Calguns using Google CGN Search plugin for Firefox & IE CA Shotgun AW ID Flowchart CA Handgun AW ID Flowchart CA Senate CA Assembly Anti-2A Search Plugin |
#3
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Follow = identical? Or just similar? This is to avoid being classified as a zip gun?
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http://coltpython.blogspot.com/ |
#4
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right now, the thought is that when you make a handgun, you must initially make it in a roster-exempt configuration to comply with CA laws about making an unsafe handgun. Once the handgun is made, there appears to be no law prohibiting you from converting it to another configuration.
So, it should be legal to make a single-action revolver that meets the dimensional requirements, which is roster exempt, and then later convert it to a double-action revolver. But initially making a double-action revolver would violate the law. And you have to comply with the zip-gun laws, as obeygiant mentioned. Quote:
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Jack Do you want an AOW or C&R SBS/SBR in CA? No posts of mine are to be construed as legal advice, which can only be given by a lawyer. |
#5
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To add to what ke6guj already said, From the CGF Wiki
Quote:
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![]() Member, CRPA Board of Directors "No one could make a greater mistake than he who did nothing because he could do only a little." - Edmund Burke Search Calguns using Google CGN Search plugin for Firefox & IE CA Shotgun AW ID Flowchart CA Handgun AW ID Flowchart CA Senate CA Assembly Anti-2A Search Plugin |
#6
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yes, to avoid being a zip gun. How close is open to interpretation, there is no case law specifically defining how close AFAIK.
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#7
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I'm retired. That's right, retired. I don't want to hear about the cop who stopped you today or how you didn't think you should get a ticket. That just makes me grumpy! |
#8
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__________________
![]() Member, CRPA Board of Directors "No one could make a greater mistake than he who did nothing because he could do only a little." - Edmund Burke Search Calguns using Google CGN Search plugin for Firefox & IE CA Shotgun AW ID Flowchart CA Handgun AW ID Flowchart CA Senate CA Assembly Anti-2A Search Plugin |
#10
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_________________________________ If you're gonna be a bear, be a Grizzly. |
#11
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if you read 12020(c)(10) any gun that is granted an exemption from taxation in Section 4181 Chapter 32 of Title 26 is not considered a zip gun. Here this is section 4182 which lists exemptions to taxation under 4181: Quote:
Anyone see how I am incorrect here? |
#12
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I don't believe that a private party could even send in an excise tax payment if they wanted to. I do know that a CG'er was arrested on zip gun charges for homebuilt firearms, by the LA gun unit IIRC, and that the charges were recently dismissed. edit: yup, dantodd nailed it. edit 2: And if you really want to get sneaky with it, build up that firearm as an AOW (with an approved Form 1 beforehand, of course), and then your 12020(b)(8) exemption exempts from the zip gun regs even without having to try to fall under one of the 12020(c)(10) exemptions.
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Jack Do you want an AOW or C&R SBS/SBR in CA? No posts of mine are to be construed as legal advice, which can only be given by a lawyer. Last edited by ke6guj; 08-08-2009 at 9:51 PM.. |
#13
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#14
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__________________
![]() Member, CRPA Board of Directors "No one could make a greater mistake than he who did nothing because he could do only a little." - Edmund Burke Search Calguns using Google CGN Search plugin for Firefox & IE CA Shotgun AW ID Flowchart CA Handgun AW ID Flowchart CA Senate CA Assembly Anti-2A Search Plugin |
#15
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After it's made, do I register it w/ the DOJ?
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http://coltpython.blogspot.com/ |
#16
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two issues, one is the Roster issue, and hte second is the zip gun issue. I'd assume that just making it without the hammer strut should make it a roster-exempt single-action. Similar to how some CG'ers have had the linkage removed from some S&W revolvers to convert them to SA so that it could be legally imported and DROSed as a single action.
Unfortunately, the zip gun issue does have greyness involved. And no, you are not required to register any homebuilt firearm with CADOJ.
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Jack Do you want an AOW or C&R SBS/SBR in CA? No posts of mine are to be construed as legal advice, which can only be given by a lawyer. |
#17
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This is all theoretical in any case, but I am somewhat curious as to how CA law works for this. In a morbid way.
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http://coltpython.blogspot.com/ |
#18
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But, all academic at the moment, at least until I can use my CNC adeptly. Thanks for the 63buick tip. Hadn't thought of that one. Perhaps a second underlug? ![]()
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http://coltpython.blogspot.com/ |
#19
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wierdness of the CA laws. There is no requirement that you document the sequence. How you prove you did it the correct way? Actually, its the other way around, they have to prove that you did it the wrong way. And if it happens more than 3 years after you made it, then the Statute of Limitations kicks in and it isn't prosecutable anymore.
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Jack Do you want an AOW or C&R SBS/SBR in CA? No posts of mine are to be construed as legal advice, which can only be given by a lawyer. |
#20
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I'd be nice if they needed proof ![]() I'm assuming to not bring the case in the first place they need to see it's either (1) clearly, obviously legal or (2) if in a grey area clearly unwinnable. I'd prefer if it was (1) or (2) so I didn't have to fight in court. I hope your experience has been different than mine, but the cost of defense is not trivial, esp when you better spare no expense b/c the penalty is high. (I don't believe you recoup legal costs for something like this, correct?) In any case I didn't mean to derail this into a rathole of random whining --- thanks for all the clarifications!
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http://coltpython.blogspot.com/ |
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