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Old 12-02-2019, 3:23 PM
jp002 jp002 is offline
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Default Deceased father - assault rifles

Father passed away. He left behind a number of firearms which were just discovered, along with a registration from 1990. Some of the items were found, others are presumed to be in Colorado in a safe location.

How to remain compliant with California law?
One item is an Armalite AR-180, which is named in exhibit A as a restricted firearm. Acquired in 1979.
Another item is a semi automatic Made in China Ak47, acquired in 1988, which also appears to be on the list.

1. Is there any situation in which a son of a deceased father could apply for a FFL or an NFA and legally possess the items as they are?

2. Would modifying the guns to remove "assault" features be sufficient?
The Ak has a folding stock, so a new stock would need to be put on. It has a pistol grip. Putting on one of the thumb blocker things would modify it and remove the need to have the non-removeable magazine, if I understand correctly.

I'm somewhat concerned about the Armalite. The upper has Armalite 180 written on it, so even with a new 80% lower, it would still have forbidden words written on it. Or would it be better to take it out of state?

Advice? Not to be construed as legal advice, of course. Asking for a friend.
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Old 12-02-2019, 3:50 PM
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Not legal advice since not a lawyer, but sell them, or you have to move to another state. If they are on the Roberti Roos list pretty much nothing at all you can do. Pretty much the same with SB23. Now, you can get good money for them on GunBroker, or at an auction house in AZ. Those sales could allow you to get CA legal guns for yourself. I know, CA sucks big time.
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Old 12-02-2019, 4:23 PM
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The registered assault weapons must be removed from the state, there is no way for anyone to keep them here.
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Old 12-02-2019, 4:40 PM
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Agreed. Registered firearms cannot by inherited.
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Old 12-02-2019, 4:44 PM
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Remove from state before DOJ shows up to take custody.
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Old 12-02-2019, 5:03 PM
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Contact a lawyer specializing in firearms law. You cannot keep any registered assault weapons. Banned by make/model assault weapons (which is the case for many older AW's) don't have an avenue for conversation to non-aw. Even if the firearms could be modified, I don't know if it is legally possible for someone they are not registered to to de-register them even if you are the estate executor.

I am not a lawyer
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Old 12-02-2019, 5:05 PM
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https://oag.ca.gov/firearms/regagunfaqs#11

Items 11 and 12.
However, they mention that you could possibly re-register the gun in your name, but the time window for registration was closed long ago.
That statement on their site should be removed as misleading.
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Old 12-02-2019, 5:06 PM
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Also not a lawyer but I recall when I setup a trust that the items have to be removed or sold by the estate within so any days.
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Old 12-02-2019, 6:08 PM
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Ok. There seems to be a clear consensus that the guns can't be legalized in any way in California.

Now the question is "Will an assault weapon registration card from 1990 issued by the DOJ be sufficient documentation to sell to an Arizona firearms dealer?"

Based on the link provided above, I can sell it to an out of state DOJ approved firearms vendor. Maybe I'll give one a call tomorrow when they're open.
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Old 12-02-2019, 6:26 PM
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Quote:
Originally Posted by jp002 View Post
Ok. There seems to be a clear consensus that the guns can't be legalized in any way in California.

Now the question is "Will an assault weapon registration card from 1990 issued by the DOJ be sufficient documentation to sell to an Arizona firearms dealer?"

Based on the link provided above, I can sell it to an out of state DOJ approved firearms vendor. Maybe I'll give one a call tomorrow when they're open.
If you sell it out of state, no out of state FFL is going to care about a CA registration card and they wont even ask because it means nothing to them. Offering it or even discussing will only needlessly confuse and complicate.

And you do not need to sell to an approved firearms vendor out of state. In fact I have no idea what an ‘out of state DOJ approved firearms vendor’ even is.

But you might need a CA FFL with an AW permit to handle shipping for you, if you elect not to drive it directly out of state yourself.
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  #11  
Old 12-02-2019, 6:33 PM
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There is definitely a market to sell them to buyers in other states. Because you cannot advertise them for sale from California you might want to contact EBR Works or Audiophil2 about consignment. They are Arizona-based FFL dealers/manufacturers.
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Old 12-02-2019, 7:02 PM
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buy a stripped lower for the AR and replace then sell/send the Armalite one out of state.
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Old 12-02-2019, 7:09 PM
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Originally Posted by M1NM View Post
buy a stripped lower for the AR and replace then sell/send the Armalite one out of state.
Wouldnít the old stripped receiver become a paper weight, and not considered a firearm?
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Old 12-02-2019, 7:19 PM
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Default Deceased father - assault rifles

The upper would be legal to keep. The AR-180 lower wouldnít. The important question for you is 1) is the assembled rifle worth more sold out of state than the upper is worth keeping to you? The upper will have greatly reduced value when separated permanently from its match. Iíve never seen an AR-180 compatible 80% blank, do those exist?

This seems to be an option? Someone familiar may be able to comment if thatís really viable.
https://www.nodakspud.com/NDS-18S.htm

Gun value is most likely between $500-$2000 assembled.

I would separate the parts and store at different places ASAP so if a confiscation issue arises before youíve got it out of state you donít lose all the parts.

Andrew - Lancaster, CA
NRA Life Member, CRPA member, Calguns.net contributor, CGF / SAF / FPC / CCRKBA / GOA / NAGR / NRA-ILA contributor, USCCA member - Support your defenders!

Last edited by lordmorgul; 12-02-2019 at 7:57 PM..
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Old 12-02-2019, 7:55 PM
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We handle Gunbroker auctions of firearms like what you have on a regular basis. Feel free to call or email me if you like.
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Old 12-02-2019, 8:07 PM
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Quote:
Originally Posted by lordmorgul View Post
The upper would be legal to keep. The AR-180 lower wouldn’t. The important question for you is 1) is the assembled rifle worth more sold out of state than the upper is worth keeping to you? The upper will have greatly reduced value when separated permanently from its match. I’ve never seen an AR-180 compatible 80% blank, do those exist?

This seems to be an option? Someone familiar may be able to comment if that’s really viable.
https://www.nodakspud.com/NDS-18S.htm

Gun value is most likely between $500-$2000 assembled.

I would separate the parts and store at different places ASAP so if a confiscation issue arises before you’ve got it out of state you don’t lose all the parts.
AR180 =/= AR180B

The (original) Armalite (Howa/Sterling) was the AR180.

In 2001, (new) Armalite introduced the AR180B.
Which made some changes to the receivers and has compatibility issues with the original design.
The NoDak Spud and Kodiak Defense utilize the AR180B pattern.
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Last edited by Quiet; 12-02-2019 at 8:11 PM..
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Old 12-08-2019, 8:44 PM
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Quote:
Originally Posted by jp002 View Post
Father passed away. He left behind a number of firearms which were just discovered, along with a registration from 1990. Some of the items were found, others are presumed to be in Colorado in a safe location.

How to remain compliant with California law?
One item is an Armalite AR-180, which is named in exhibit A as a restricted firearm. Acquired in 1979.
Another item is a semi automatic Made in China Ak47, acquired in 1988, which also appears to be on the list.

1. Is there any situation in which a son of a deceased father could apply for a FFL or an NFA and legally possess the items as they are?

2. Would modifying the guns to remove "assault" features be sufficient?
The Ak has a folding stock, so a new stock would need to be put on. It has a pistol grip. Putting on one of the thumb blocker things would modify it and remove the need to have the non-removeable magazine, if I understand correctly.

I'm somewhat concerned about the Armalite. The upper has Armalite 180 written on it, so even with a new 80% lower, it would still have forbidden words written on it. Or would it be better to take it out of state?

Advice? Not to be construed as legal advice, of course. Asking for a friend.
or you could destroy the receiver and replace it with a legal one.. and rebuild in a compliant form. If you destroy it right (per the atf rules) you could keep the pieces in the event the cal DOJ ever stops by to ask where it is (or maybe even just turn it in, intact, without any of the other parts).

$75 for a receiver and another another $100 for compliant parts (pistol grip and flash hider replacements). Get rid of the non compliant parts.

Last edited by sl0re10; 12-08-2019 at 8:59 PM..
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Old 12-08-2019, 8:57 PM
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Quote:
Originally Posted by HUTCH 7.62 View Post
Wouldnít the old stripped receiver become a paper weight, and not considered a firearm?
No. The lower receiver is the firearm. If it really is banned by name you cannot keep it.
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Old 12-09-2019, 9:27 AM
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Keep them built and take them to audiophil, its $150 each long gun for a year storage.
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Old 12-09-2019, 9:35 AM
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This is the third thread on this subject, from a new member, that I have seen recently.
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Old 12-09-2019, 11:46 AM
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Quote:
Originally Posted by Aeneas View Post
This is the third thread on this subject, from a new member, that I have seen recently.
Maybe a lot of people who would have been of age to register during the earlier registration periods are beginning to die off? Unless you're suggesting something nefarious...
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Old 12-09-2019, 12:23 PM
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Quote:
Originally Posted by lordmorgul View Post
The upper would be legal to keep. The AR-180 lower wouldnít. The important question for you is 1) is the assembled rifle worth more sold out of state than the upper is worth keeping to you? The upper will have greatly reduced value when separated permanently from its match. Iíve never seen an AR-180 compatible 80% blank, do those exist?

This seems to be an option? Someone familiar may be able to comment if thatís really viable.
https://www.nodakspud.com/NDS-18S.htm

Gun value is most likely between $500-$2000 assembled.

I would separate the parts and store at different places ASAP so if a confiscation issue arises before youíve got it out of state you donít lose all the parts.

Andrew - Lancaster, CA
NRA Life Member, CRPA member, Calguns.net contributor, CGF / SAF / FPC / CCRKBA / GOA / NAGR / NRA-ILA contributor, USCCA member - Support your defenders!
+1. Especially since CA-DoJ is known to monitor this site.
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  #23  
Old 12-11-2019, 1:56 AM
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If you have to get rid of them in-state, take them apart 100%; when you cut up the receivers; be sure not to cut through the serial number. Keep everything but the receiver bits. They are just 'parts'.... for now.

once the receiver is cut in the prescribed method (look up rules for import of what once was a firearm), I don't see how the (what was a) gun can be an issue anymore and you should be able to completely mutilate or melt down the rest at this point.
Since its no longer a firearm, you aren't mutilating a firearm's serial number....


order of operations.

California taught us this.

At least you can keep all the parts; well; 99%.
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