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  #1  
Old 03-17-2017, 11:28 AM
shootsocal_dave shootsocal_dave is offline
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Default SBR C&R

So I cannot find a solid answer just short copy and pastes that seem to be taken out of context.

If a Hamilton Rifle with a 14.5 inch barrel .22 single shot in its original configuration is on the C&R list federally, is it legal in CA. IF SO, why? The CA DOJ says no, but gave me a very quick answer without much thought.

PENAL CODE - PEN
PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34370] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. )
TITLE 4. FIREARMS [23500 - 34370] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. )
DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33690] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. )
CHAPTER 8. Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33320] ( Chapter 8 added by Stats. 2010, Ch. 711, Sec. 6. )

ARTICLE 1. Restrictions Relating to Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33290] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

33215.
Except as provided in Sections 33220 and 33225 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any short-barreled rifle or short-barreled shotgun is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
(Amended by Stats. 2012, Ch. 43, Sec. 109. Effective June 27, 2012.)


Highlight
CODE TEXT
PENAL CODE - PEN
PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34370] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. )
TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. )
DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )
16590.
As used in this part, “generally prohibited weapon” means any of the following:
(a) An air gauge knife, as prohibited by Section 20310.
(b) Ammunition that contains or consists of a flechette dart, as prohibited by Section 30210.
(c) A ballistic knife, as prohibited by Section 21110.
(d) A belt buckle knife, as prohibited by Section 20410.
(e) A bullet containing or carrying an explosive agent, as prohibited by Section 30210.
(f) A camouflaging firearm container, as prohibited by Section 24310.
(g) A cane gun, as prohibited by Section 24410.
(h) A cane sword, as prohibited by Section 20510.
(i) A concealed dirk or dagger, as prohibited by Section 21310.
(j) A concealed explosive substance, other than fixed ammunition, as prohibited by Section 19100.
(k) A firearm that is not immediately recognizable as a firearm, as prohibited by Section 24510.
(l) A large-capacity magazine, as prohibited by Section 32310.
(m) A leaded cane or an instrument or weapon of the kind commonly known as a billy, blackjack, sandbag, sandclub, sap, or slungshot, as prohibited by Section 22210.
(n) A lipstick case knife, as prohibited by Section 20610.
(o) Metal knuckles, as prohibited by Section 21810.
(p) A metal military practice handgrenade or a metal replica handgrenade, as prohibited by Section 19200.
(q) A multiburst trigger activator, as prohibited by Section 32900.
(r) A nunchaku, as prohibited by Section 22010.
(s) A shobi-zue, as prohibited by Section 20710.
(t) A short-barreled rifle or short-barreled shotgun, as prohibited by Section 33215.
(u) A shuriken, as prohibited by Section 22410.
(v) An unconventional pistol, as prohibited by Section 31500.
(w) An undetectable firearm, as prohibited by Section 24610.
(x) A wallet gun, as prohibited by Section 24710.
(y) A writing pen knife, as prohibited by Section 20910.
(z) A zip gun, as prohibited by Section 33600.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

Would this rifle be legal or not? Im leaning towards NOT even though its a 100 year old .22 single action.
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  #2  
Old 03-17-2017, 1:17 PM
six seven tango's Avatar
six seven tango six seven tango is offline
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Here's your exemption...

CA PC 17705(a)

Quote:
(a) The provisions listed in Section 16590 do not apply to any firearm or ammunition that is a curio or relic as defined in Section 478.11 of Title 27 of the Code of Federal Regulations and that is in the possession of a person permitted to possess the items under Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
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When Injustice Becomes Law, Resistance is Duty

"Our policy should not be informed by our collective outrage about one man's conduct." AG Kamala Harris referring to San Francisco's sanctuary policy and 7 time convicted felon and illegal alien Juan Francisco Lopez-Sanchez.
Quote:
Originally Posted by 9CA
...Nor may we relegate the bearing of arms to a “second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees that we have held to be incorporated into the Due Process Clause.”

Last edited by six seven tango; 03-17-2017 at 1:21 PM..
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