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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  
Old 01-23-2010, 1:34 AM
saberforge saberforge is offline
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Default Need some info on Pre ban ar-15's

My dad bought a couple of ar-15 lower receivers before the assualt weapons ban went through in CA.

He got me one, but I was not 18 at the time so it is in his name.

Is he allowed to transfer it to me now?
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  #2  
Old 01-23-2010, 1:39 AM
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Quote:
Originally Posted by saberforge View Post
My dad bought a couple of ar-15 lower receivers before the assualt weapons ban went through in CA.

He got me one, but I was not 18 at the time so it is in his name.

Is he allowed to transfer it to me now?
No. Registered Assault Weapons are fixed at the owners listed at the time they were registered, and transfer is limited to only properly licensed CA FFLs and to people out of state.
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Old 01-23-2010, 1:41 AM
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Assuming he registered them with the DoJ before the cut-off (midnight Dec. 31 1999) -

They are registered AWs. There's no such thing as transferring them to anyone else in the state, with a few very narrow exceptions (AW permit, police with the right letter, AW FFL, active duty military with the right form, etc). He can lend it to you, but that's also very narrowly restricted. It has to be in his immediate presence, or some restriction like that.

If, however, he did not register them before the cut-off, and they are listed receivers, then he needs to get rid of them. Whenever this comes up here, the knowledgeable people always suggest surrendering them through an attorney.

If he did not register them and they are not listed receivers, they could be built into non-AW configurations and treated like any ordinary rifle.

Quote:
Originally Posted by adamsreeftank View Post
In addition, he should check that he has completed Assault Weapon Registration paperwork. A lot of people mistakenly think their pre-ban rifles were automatically "registered" when they bought them.
Yeah, I've personally heard some gun owners say, "I bought it before 2000, and the dealer told me it's registered, so I'm ok!" I don't try to argue, I just assume the person has a valid AW permit and ask no further questions and leave.
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Old 01-23-2010, 1:44 AM
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Sorry, I killed my own post.

but what they said ^
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  #5  
Old 01-23-2010, 2:14 AM
saberforge saberforge is offline
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He registered them before the cut off. So they have all the evil assault weapon features and are still 100% legal.

Ohh well, so much for having him transfer it to me. Guess I will just have keep it at his house and shoot it with him, until I move out of this commie socialist cesspool of a state.

Lol

... How hard is it to get an FFL that would allow me to transfer it from him?

Last edited by saberforge; 01-23-2010 at 2:16 AM..
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  #6  
Old 01-23-2010, 4:53 AM
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Quote:
Originally Posted by saberforge View Post
He registered them before the cut off. So they have all the evil assault weapon features and are still 100% legal.

Ohh well, so much for having him transfer it to me. Guess I will just have keep it at his house and shoot it with him, until I move out of this commie socialist cesspool of a state.

Lol

... How hard is it to get an FFL that would allow me to transfer it from him?
Or til incorporation!
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Old 01-23-2010, 7:03 AM
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Quote:
Originally Posted by saberforge View Post
He registered them before the cut off. So they have all the evil assault weapon features and are still 100% legal.

Ohh well, so much for having him transfer it to me. Guess I will just have keep it at his house and shoot it with him, until I move out of this commie socialist cesspool of a state.

Lol

... How hard is it to get an FFL that would allow me to transfer it from him?
It would require you to apply for and receive a type 01 FFL, the State of California AW dealers license, a business license, and a brick and mortar store location, and you would have to be actively engaged in the business of selling firearms - not a kitchen table hobbyist deal. And the state AW license does not give you sanction to aquire AW's for your personal collection.

Enjoy the rifle when you're with your dad, and build an OLL rifle for yourself.
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  #8  
Old 01-23-2010, 11:07 AM
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OR, you establish a residence (move) in a free state, and transfer via an existing FFL.

Existing registered AWs as stated can't be transferred in state, but they can be sold to an out-of-state resident (conforming to fed regs of course).
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  #9  
Old 01-23-2010, 11:12 AM
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Quote:
Originally Posted by saberforge View Post
He registered them before the cut off. So they have all the evil assault weapon features and are still 100% legal.

Ohh well, so much for having him transfer it to me. Guess I will just have keep it at his house and shoot it with him, until I move out of this commie socialist cesspool of a state.

Lol

... How hard is it to get an FFL that would allow me to transfer it from him?
Are they listed guns by name? He can gut the lower and give you everything to build up your own gun with an off list lower.
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  #10  
Old 01-23-2010, 11:22 AM
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so when said dad passesd away (we all will one day) who gets the gun, the State??? just want to know how they do it, or does said gun have to be bureid with Dad as he can be the only onwer ever? how does transfer work inthis case, the gun may last many generations, how does one deal with this issue upon death of a the owner?
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  #11  
Old 01-23-2010, 11:25 AM
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Quote:
Originally Posted by davescz View Post
so when said dad passesd away (we all will one day) who gets the gun, the State??? just want to know how they do it, or does said gun have to be bureid with Dad as he can be the only onwer ever? how does transfer work inthis case, the gun may last many generations, how does one deal with this issue upon death of a the owner?
Gun has to be transferred to an individual or FFL with an AW license or shipped out of state where it is not considered evil.
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  #12  
Old 01-23-2010, 11:25 AM
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Quote:
Originally Posted by saberforge View Post
... How hard is it to get an FFL that would allow me to transfer it from him?
Um, those FFLs don't wanna go to jail.

(Reg'd) assualt weapons can only be transferred to authorized parties or shipped out of state by FFLs holding a special CA AW permit.

There is a chance that - if your dad's reg'd AWs are banned just by features and not by make/model either on Roberti-Roos or Kasler list - they can be rendered into non-AW status (via features removal and using a MonsterMan grip, or using a BulletButton and a 10rd magazine) and deregistered as AWs. They could then be transferred to you as ordinary non-AW rifles.
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  #13  
Old 01-23-2010, 11:29 AM
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Quote:
Originally Posted by davescz View Post
so when said dad passesd away (we all will one day) who gets the gun, the State??? just want to know how they do it, or does said gun have to be bureid with Dad as he can be the only onwer ever? how does transfer work inthis case, the gun may last many generations, how does one deal with this issue upon death of a the owner?
Exactly how one implements this is not defined, but the law is quite clear:
PC 12285
Quote:
(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
.
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  #14  
Old 01-23-2010, 12:36 PM
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Quote:
Originally Posted by CCWFacts View Post
Assuming he registered them with the DoJ before the cut-off (midnight Dec. 31 1999) -
This is misinformation. The cutoff was midnight Dec. 31 2000

http://wiki.calgunsfoundation.org/in...ult_weapons%22

so the end-date of that period of registration was January 1, 2001.

I don't remember when I registered mine but my letter from Attorney General Bill Lockyer was dated Febuary 13, 2001.
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Old 01-23-2010, 3:46 PM
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Quote:
Originally Posted by saberforge View Post
until I move out of this commie socialist cesspool of a state.

Lol

... How hard is it to get an FFL that would allow me to transfer it from him?
You meant after you move out of state right? I think some of the replies thought you were talking in state.

Last edited by Matt640h; 01-23-2010 at 3:51 PM..
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Old 01-23-2010, 4:27 PM
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He could've registered it in both your names, at the time...
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Old 01-23-2010, 5:02 PM
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Old 01-23-2010, 6:50 PM
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Quote:
Originally Posted by davescz View Post
so when said dad passesd away (we all will one day) who gets the gun, the State???
The gun has to be transfered to someone who can have it legally. That means transfered out of state, or to one of the small groups here (AW permit holders etc) who can legally receive an AW here.

Quote:
Originally Posted by davescz View Post
how does transfer work inthis case, the gun may last many generations, how does one deal with this issue upon death of a the owner?
The state is well aware that a gun can last many generations, and so that's why they set up this law so that it's basically impossible to inherit it and keep it in the state.

They want these gone. They want gun culture to be gone from this state as well.
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Old 01-23-2010, 7:14 PM
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Quote:
Originally Posted by CCWFacts View Post
The gun has to be transfered to someone who can have it legally. That means transfered out of state, or to one of the small groups here (AW permit holders etc) who can legally receive an AW here.



The state is well aware that a gun can last many generations, and so that's why they set up this law so that it's basically impossible to inherit it and keep it in the state.

They want these gone. They want gun culture to be gone from this state as well.
That is completely BOGUS!! I can't believe people stand for this. To think that if I spend my life building a collection of valuable but currently legal firearms, some liberal, at some point in the future will probably declare them illegal. making it impossible for me to bequeath these valuable items to my heirs. WHAT COUNTRY DO WE LIVE IN?!?!?!
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Old 01-23-2010, 9:03 PM
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Quote:
Originally Posted by Cool Hand Luke View Post
This is misinformation. The cutoff was midnight Dec. 31 2000

http://wiki.calgunsfoundation.org/in...ult_weapons%22

so the end-date of that period of registration was January 1, 2001.

I don't remember when I registered mine but my letter from Attorney General Bill Lockyer was dated Febuary 13, 2001.
Almost.

Due to a printing error in the Sec State's office in fall of 2000 regarding Kasler-banned guns, any AR/AK 'series' guns' registration period was extended until Jan 23, 2001.
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Old 01-23-2010, 9:17 PM
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Quote:
Originally Posted by lumwilliam View Post
That is completely BOGUS!! I can't believe people stand for this. To think that if I spend my life building a collection of valuable but currently legal firearms, some liberal, at some point in the future will probably declare them illegal. making it impossible for me to bequeath these valuable items to my heirs. WHAT COUNTRY DO WE LIVE IN?!?!?!
Why do you think we are all here? We know that the laws in CA suck (and not the good way) and we are all fighting every day to change them. We are grossly outnumbered in CA so it is an uphill battle most successfully fought in the courts. (the federal courts as we don't actually have a RKBA in California yet.)

While incorporation is not a panacea it is a very important first step in correcting many of these ridiculous laws. CGF is in the vanguard of these reforms and is leading most of the lawsuits to correct the situation. You can donate to CGF if you want to aid in this fight. http://www.calgunsfoundation.org/index.php/donate
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