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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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Old 06-10-2021, 6:26 PM
SteelPastor SteelPastor is offline
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Default Are There Any Lawsuits Against CA Regarding NFA Items?

I know that NFA items in CA (SBR's and suppressors, in particular) are verboten.

I assume that the current Miller v Bonta would not impact CA's prohibition on NFA items in the state? Is there any litigation addressing the CA laws that make NFA items illegal in CA?
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Old 06-10-2021, 7:46 PM
hitdank hitdank is offline
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I think the attorney general of the united states would have to sue non nfa states for not allowing people to pay a federal tax.
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Old 06-10-2021, 7:56 PM
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Quiet Quiet is offline
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Quote:
Originally Posted by SteelPastor View Post
I know that NFA items in CA (SBR's and suppressors, in particular) are verboten.

I assume that the current Miller v Bonta would not impact CA's prohibition on NFA items in the state? Is there any litigation addressing the CA laws that make NFA items illegal in CA?
There are no current lawsuits challenging CA's laws concerning dangerous weapons (DD, MG, SBR, SBS, silencer).

Miller v Bonta has no effect on CA's DD, MG, SBR, SBS, and silencer laws.
^In the ruling, DD and MG are pointed out as being extraordinary weapons that are dangerous and only suitable for military purposes and that the ruling is about ordinary modern firearms that are in common use throughout the USA.

Note that...

CA's silencer laws have been in effect since before the National Firearm Act of 1934.

CA treatment of DD, MG, SBR, and SBS has been that of gradual restriction over the decades.
From just requiring BATFE approval (pre-1960s) to requiring CA DOJ approval (1960s) to limiting the "good causes" for obtaining CA DOJ approval (1980s).
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Last edited by Quiet; 06-10-2021 at 8:10 PM..
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Old 06-10-2021, 8:00 PM
M1NM M1NM is offline
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They are not illegal in CA and can be possessed. The problem arises in the fact that CA has their own tax stamp ($75) in addition to the Federal one. The quest to get that stamp is very difficult and generally only given to the great unwashed for tripod mounted machine guns. Movie gun rental places get them easily for anything. If you want one start a movie prop rental business and offer machine guns to Commywood for use in their movies.

Last edited by M1NM; 06-10-2021 at 8:54 PM..
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Old 06-10-2021, 8:09 PM
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I knew an H&K LEO dealer who had a CA class 3 license.

This was around 1995 and his license number was under 300

The way he understood and explained it, since the NFA became a thing and CA had to issue licenses- less than 300 had been issued in the 70 year period.
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Old 06-10-2021, 8:16 PM
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Quote:
Originally Posted by hermosabeach View Post
I knew an H&K LEO dealer who had a CA class 3 license.

This was around 1995 and his license number was under 300

The way he understood and explained it, since the NFA became a thing and CA had to issue licenses- less than 300 had been issued in the 70 year period.
Those are CA DOJ MG dealer licenses, which are different than the CA DOJ permits to simply own them.

Before the 1970s, "collecting" was a valid good cause to be issued a CA DOJ Dangerous Weapons Permit for a MG.
Bob Hope had a DWP for MG and when he died, his estate ended up with approximately 300 fully transferable pre-86 Title 2 MGs, which he had acquired over his lifetime as a "collector".
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Last edited by Quiet; 06-10-2021 at 8:21 PM..
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