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  #5001  
Old 03-18-2021, 12:29 PM
ΜΟΛΩΝ ΛΑΒΕ's Avatar
ΜΟΛΩΝ ΛΑΒΕ ΜΟΛΩΝ ΛΑΒΕ is offline
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The proposed settlement:
1. Defendants shall re-open the registration period, for individuals who possessed eligible firearms (Cal. Penal Code 30900, subdiv. (b)) and started the process of submitting applications to the Department of Justice (“Department”), Bureau of Firearms (“Bureau”), before July 1, 2018, but who were unable to complete the submission process because of technical difficulties. This re-opened registration period shall be available only to persons meeting all of the following requirements: (1) prior to January 1, 2017, the person would have been eligible to register an assault weapon pursuant to subdivision (b) of Penal Code 30900; (2) the person lawfully possessed each assault weapon to be registered, prior to January 1, 2017; (3) the person attempted to register the assault weapon prior to the original registration deadline of midnight on July 1, 2018, but was unable to do so because of technical difficulties; and (4) the person timely registers the assault weapon(s) in accordance with the terms of this Stipulation. Collectively, these four requirements shall be referred to herein as “the Registration Requirements.”

2. All new assault weapons registrations shall be implemented by and through the Bureau, through a notice period and a registration window. The notice period, during which time defendants shall make efforts to notify the public of this settlement and the new assault weapons registration period, shall be at least 120 days from the date that this stipulated injunction is entered by the Court, but may be longer if needed by the Department to prepare and implement its systems (“Notice Period”). Following this minimum 120-day Notice Period, the Department, through the Bureau’s website, shall open a website page for new registrations, and thereafter, shall accept registrations for assault weapons, if the applicant meets the Registration Requirements, for a period of 90 days (the “Registration Period”). At the end of the last day of the Registration Period, the system shall be closed to any new registrations, except that the Department will accept as timely paper registrations that are postmarked by the last day of the Registration Period, pursuant to the paper option described in paragraph 5 below.

3. Once this stipulated injunction is approved, the Department shall perform the following to begin the Notice Period:
(a) The Department shall announce and feature the re-opened Registration Period on the Bureau of Firearms website;

(b) The Department shall provide notice of the re-opened Registration Period to other known firearms rights groups and law firms;

(c) The Department shall provide notice of the re-opened Registration Period to every person that called or emailed them to complain about not being able to register before or after the original deadline of July 1, 2018, to the extent that information is reasonably available; and

(d) The Department will conduct a public outreach campaign (Internet and traditional news) to notify the public about the re-opened Registration Period.

(e) The organizational Plaintiffs shall also endeavor to provide notice to their members about the re-opened Registration Period.
4. Pursuant to California Penal Code section 30900(b)(2), the Department shall permit persons meeting the Registration Requirements to submit electronically via the Internet, utilizing a public-facing application made available by the Department throughout the Registration Period.

5. The Department shall also and alternatively accept paper submissions from persons otherwise meeting the Registration Requirements, on a form that shall incorporate substantially all of the information that is required to be submitted electronically pursuant to California Penal Code section 30900(b)(2). Paper forms submitted in this manner shall be accepted by mail or overnight carrier delivery if accompanied by a postmark or other evidence of submission on or before the last day of the Registration Period.

6. For all assault weapon registration submitted in the Registration Period, whether submitted electronically or by paper, the Department may require different or additional information from persons who present, along with their submission, a form of identification that states “FEDERAL LIMITS APPLY.”

7. Any other substantive issues with a registration should be handled using substantially the same procedures that the Department used for registrations submitted before July 1, 2018, that is, the Department will provide registrants timely submitting registrations during the Registration Period with the same ability to cure any defects in their submissions, whether submitted electronically or by paper. Such defects may include but are not limited to: incomplete or missing information, typographical errors, information that does not match the information in the Department’s records, and incomplete or unclear photographs.

8. During the Registration Period, the Department may require registrants to verify under penalty of perjury that they attempted to register their weapon(s) before July 1, 2018, but were unable to do so because of technical difficulties, by checking a box (or similar mechanism) contained as a part of their registration submission. The Department shall clearly notify any individuals registering firearms during the new Registration Period of the following: (a) that the Department may attempt to verify whether any particular registrant attempted to register their weapon(s) before July 1, 2018; (b) the potential consequences of providing false statements in connection with such registrations; and (c) that if they submit a weapon that was not attempted to be registered before July 1, 2018, they could be subject to consequences as prescribed by law.

9. Upon approval and entry of this stipulated injunction by the Court, and throughout the reopened Registration Period, the following shall apply:
A. The Department will provide registrants with the same conditions and considerations as during the original registration period. For the duration of the Notice Period and the Registration Period, the Department shall forebear from prosecuting individuals for the charge of possession of an unregistered assault weapon under Penal Code sections 30600 or 30605 if they satisfy the Registration Requirements by the end of the Registration Period.

B. Persons eligible to register under the Registration Requirements shall be accorded protection under Penal Code section 30680 and may raise their eligibility as an affirmative defense to any and all prosecutions throughout this State for which the valid registration of an assault weapon is or may be a defense.

C. In response to any and all inquiries from law enforcement agencies pertaining to requests for information regarding the status of any assault weapon registration(s), the Department shall provide information referencing this injunction providing for the Registration Period.

D. The Attorney General shall inform all district attorneys’ offices, sheriffs’ offices, and other law enforcement agencies in California of this Stipulated Injunction and Consent Decree, and advise that all pending investigations and prosecutions for Penal Code sections 30600 and/or 30605 for which valid registration of an assault weapon is or may be a defense should be stayed or postponed if there is reason to believe the subject would be able to meet the Registration Reuqirements and register the firearms appropriately. Upon proof that the subject has successfully completed the Registration Requirements, any pending investigation or prosecution as to a violation of section 30600 and/or 30605 for which valid registration of an assault weapon is a defense shall be ceased and any pending charges dismissed as those violations.

E. Anyone who has a firearm being detained or held by a law enforcement agency and who is not otherwise prohibited from owning or possessing firearms , shall not be barred from registering said firearm(s) if the person is otherwise eligible to register the firearm(s) under the Registration Requirements and can satisfy the Registration Requirements during the Registration Period.
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  #5002  
Old 03-18-2021, 12:43 PM
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Thanks for the more precise details of the settlement. It's definitely worth paying attention to this part:

Quote:
The Department shall clearly notify any individuals registering firearms during the new Registration Period of the following: (a) that the Department may attempt to verify whether any particular registrant attempted to register their weapon(s) before July 1, 2018; (b) the potential consequences of providing false statements in connection with such registrations; and (c) that if they submit a weapon that was not attempted to be registered before July 1, 2018, they could be subject to consequences as prescribed by law.
So it sounds like they're pretty serious about only taking registrations from people who really tried (but failed) to register before the 2017 deadline (although I have no idea how they could prove otherwise, especially in instances where people couldn't even get the website to load at all), and most importantly, everyone needs to know that this absolutely cannot be used for registering a weapon that was acquired after 12/31/2016 or was otherwise ineligible for registration before then. And attempting to register a home-build that hasn't already gotten a DOJ-issued serial before 7/1/2018 is also not recommended.
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AW Reg. will likely be reopened summer '21 to those who weren't able to register by 7/18. We don't know what that means for firearms made compliant when reg. failed or if they can or must be converted to AW configuration before registering. There's a moratorium on prosecutions for possession of AWs which were eligible for registration, but AWs acquired after 2016 can still be prosecuted!
Extremely important note: DON'T register anything acquired after 2016!!!

Last edited by CandG; 03-18-2021 at 12:50 PM..
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  #5003  
Old 03-18-2021, 12:44 PM
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Yeah, not sure this a win.
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  #5004  
Old 03-18-2021, 12:52 PM
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For anyone that this new registration period might apply to, I'll try to update the OP accordingly once all the facts are in. We've got a few months to sort it all out before anything happens.
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AW Reg. will likely be reopened summer '21 to those who weren't able to register by 7/18. We don't know what that means for firearms made compliant when reg. failed or if they can or must be converted to AW configuration before registering. There's a moratorium on prosecutions for possession of AWs which were eligible for registration, but AWs acquired after 2016 can still be prosecuted!
Extremely important note: DON'T register anything acquired after 2016!!!
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  #5005  
Old 03-18-2021, 12:53 PM
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Quote:
Originally Posted by vino68 View Post
Yeah, not sure this a win.
I'm not sure it's really a win for us, either, but it's for sure a loss for DOJ, which makes me happy regardless
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AW Reg. will likely be reopened summer '21 to those who weren't able to register by 7/18. We don't know what that means for firearms made compliant when reg. failed or if they can or must be converted to AW configuration before registering. There's a moratorium on prosecutions for possession of AWs which were eligible for registration, but AWs acquired after 2016 can still be prosecuted!
Extremely important note: DON'T register anything acquired after 2016!!!
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  #5006  
Old 03-18-2021, 12:58 PM
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It will be interesting to see if any charges come out of this.

Quote:
Originally Posted by CandG View Post
So it sounds like they're pretty serious about only taking registrations from people who really tried (but failed) to register before the 2017 deadline (although I have no idea how they could prove otherwise, especially in instances where people couldn't even get the website to load at all), and most importantly, everyone needs to know that this absolutely cannot be used for registering a weapon that was acquired after 12/31/2016 or was otherwise ineligible for registration before then. And attempting to register a home-build that hasn't already gotten a DOJ-issued serial before 7/1/2018 is also not recommended.
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  #5007  
Old 03-18-2021, 1:09 PM
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Originally Posted by bigbully View Post
It will be interesting to see if any charges come out of this.
Sadly I can almost guarantee that someone in this huge state of ours is going to try to register something they just bought.

I'm going to do my part, by trying to spread the word here as much as I can, that nobody should try any funny business with this new registration period.
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AW Reg. will likely be reopened summer '21 to those who weren't able to register by 7/18. We don't know what that means for firearms made compliant when reg. failed or if they can or must be converted to AW configuration before registering. There's a moratorium on prosecutions for possession of AWs which were eligible for registration, but AWs acquired after 2016 can still be prosecuted!
Extremely important note: DON'T register anything acquired after 2016!!!
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  #5008  
Old 03-18-2021, 1:11 PM
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(redacted)
I'll definitely look into this scenario, and ones like it, and try to answer as best as I can. But right now I'm just not sure.

The thing that's weird is, home-builds (FMBUS) that were being registered as AW had a specific process for getting a serial number, which was different than the process used today for home-builds. But would a serial number obtained using the non-AW SN process still work for a AW registration in this next period? That might be something FPC's lawyers need to answer, because it's really not clear.

Since it was eligible to be registered before the 2018 registration ended, it *seems* like you might be ok. But where things get really murky, legally speaking, is that it was modified to no longer be an AW when the registration period ended, so now you're faced with 3 possibilities:

1. You claim that it has been an AW ever since registration ended, which is.... an unpleasant thought, because even though it retroactively isn't illegal anyymore, it was illegal at the time. Even if they say they won't prosecute anyone for that, it's not fun to tell DOJ you were a felon for a few years.
2. You try to register it during this upcoming period, in its current non-AW configuration, which theoretically they're *supposed* to deny because, according to their own regulations, they will not register anything that isn't currently in an AW configuration.
3. You convert it back into AW configuration and then register it, but then you're making an AW long after the 2016 prohibition started, which might not be good.

I have no idea which of those options is best. They all sound terrible. It's possible that the best option will be:

4. Do nothing. Keep your non-RAW pistol as a non-RAW pistol.
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AW Reg. will likely be reopened summer '21 to those who weren't able to register by 7/18. We don't know what that means for firearms made compliant when reg. failed or if they can or must be converted to AW configuration before registering. There's a moratorium on prosecutions for possession of AWs which were eligible for registration, but AWs acquired after 2016 can still be prosecuted!
Extremely important note: DON'T register anything acquired after 2016!!!

Last edited by CandG; 03-18-2021 at 2:53 PM..
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  #5009  
Old 03-18-2021, 7:53 PM
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The only people that should register now are those facing charges. Don't give them the chance to up their compliance numbers.
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  #5010  
Old 03-18-2021, 7:59 PM
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Quote:
Originally Posted by CandG View Post
I'll definitely look into this scenario, and ones like it, and try to answer as best as I can. But right now I'm just not sure.

The thing that's weird is, home-builds (FMBUS) that were being registered as AW had a specific process for getting a serial number, which was different than the process used today for home-builds. But would a serial number obtained using the non-AW SN process still work for a AW registration in this next period? That might be something FPC's lawyers need to answer, because it's really not clear.

Since it was eligible to be registered before the 2018 registration ended, it *seems* like you might be ok. But where things get really murky, legally speaking, is that it was modified to no longer be an AW when the registration period ended, so now you're faced with 3 possibilities:

1. You claim that it has been an AW ever since registration ended, which is.... an unpleasant thought, because even though it retroactively isn't illegal anyymore, it was illegal at the time. Even if they say they won't prosecute anyone for that, it's not fun to tell DOJ you were a felon for a few years.
2. You try to register it during this upcoming period, in its current non-AW configuration, which theoretically they're *supposed* to deny because, according to their own regulations, they will not register anything that isn't currently in an AW configuration.
3. You convert it back into AW configuration and then register it, but then you're making an AW long after the 2016 prohibition started, which might not be good.

I have no idea which of those options is best. They all sound terrible. It's possible that the best option will be:

4. Do nothing. Keep your non-RAW pistol as a non-RAW pistol.
Option 5. You had kept your AW-configured guns out of state between the registration deadline and now. I have a few still sitting in NV that failed to register in 2017.

What do you think CandG?
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  #5011  
Old 03-19-2021, 8:18 AM
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Originally Posted by beanz2 View Post
Option 5. You had kept your AW-configured guns out of state between the registration deadline and now. I have a few still sitting in NV that failed to register in 2017.

What do you think CandG?
Good point!
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AW Reg. will likely be reopened summer '21 to those who weren't able to register by 7/18. We don't know what that means for firearms made compliant when reg. failed or if they can or must be converted to AW configuration before registering. There's a moratorium on prosecutions for possession of AWs which were eligible for registration, but AWs acquired after 2016 can still be prosecuted!
Extremely important note: DON'T register anything acquired after 2016!!!
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  #5012  
Old 03-20-2021, 4:07 AM
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Does this mean I can buy another complete lower w BB and add it to my RAWs and register it with CA DOJ before this period ends again?

Dch
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  #5013  
Old 03-20-2021, 8:57 AM
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Originally Posted by DCH View Post
Does this mean I can buy another complete lower w BB and add it to my RAWs and register it with CA DOJ before this period ends again?

Dch
Absolutely no. Registration will not be available for anything acquired after 12/31/2016. Attempting to register a lower acquired after 2016 would almost certainly result in a visit from your friendly neighborhood DOJ agents.

The fact that this question has been asked at least once now, makes me very concerned... I've updated my signature to try to hopefully keep people out of jail.
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AW Reg. will likely be reopened summer '21 to those who weren't able to register by 7/18. We don't know what that means for firearms made compliant when reg. failed or if they can or must be converted to AW configuration before registering. There's a moratorium on prosecutions for possession of AWs which were eligible for registration, but AWs acquired after 2016 can still be prosecuted!
Extremely important note: DON'T register anything acquired after 2016!!!

Last edited by CandG; 03-20-2021 at 9:06 AM..
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  #5014  
Old 03-20-2021, 9:14 AM
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I applied for six the first time. Four are in.

EDIT: Two of the four are FMBUS with DOJ assigned SNs.

Other two I never heard back. Do I re-start the original submission?

.

Last edited by Maltese Falcon; 03-20-2021 at 9:20 AM..
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  #5015  
Old 03-20-2021, 9:24 AM
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Originally Posted by Maltese Falcon View Post
I applied for six the first time. Four are in.

EDIT: Two of the four are FMBUS with DOJ assigned SNs.

Other two I never heard back. Do I re-start the original submission?

.
If the registrations were submitted successfully (which it sounds like they were), then no, I don't think you should re-submit them. I would try to request a registration letter from DOJ (instructions are in the Guide on page 1 of this thread) to see if maybe they did successfully get registered, and you just didn't get the confirmation for whatever reason. It's also possible they just haven't gotten to them yet, I know there are still a few people waiting for theirs.

Edit: Actually I just checked, and it doesn't look like I included instructions for requesting a duplicate registration letter in the Guide. All I know is that they charge a fee of $5 for it, per the regulations. But I'm unsure of the process. Might be worth a phone call to ask.
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AW Reg. will likely be reopened summer '21 to those who weren't able to register by 7/18. We don't know what that means for firearms made compliant when reg. failed or if they can or must be converted to AW configuration before registering. There's a moratorium on prosecutions for possession of AWs which were eligible for registration, but AWs acquired after 2016 can still be prosecuted!
Extremely important note: DON'T register anything acquired after 2016!!!

Last edited by CandG; 03-20-2021 at 9:33 AM..
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  #5016  
Old 03-20-2021, 11:20 AM
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What about bullet button ar's that are legally owned by a minor??? Legal transfer and notarized prior to 2014? Are their going to be any exemption this time?
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  #5017  
Old 03-20-2021, 12:41 PM
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Originally Posted by slicksetter View Post
What about bullet button ar's that are legally owned by a minor??? Legal transfer and notarized prior to 2014? Are their going to be any exemption this time?
This is only for people who actually started the registration process and were unable to complete the process before the deadline. That means currently incomplete registrations only. No new registrations period. Any attempt to try new registrations could result in charges.
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  #5018  
Old 03-20-2021, 3:52 PM
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Understand, everything was disassembled to create non scarry rifles, The issue is if I hadn't, My children would have became felons overnight for their legally owned rifles.
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  #5019  
Old 03-21-2021, 12:23 PM
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Quote:
Originally Posted by slicksetter View Post
What about bullet button ar's that are legally owned by a minor??? Legal transfer and notarized prior to 2014? Are their going to be any exemption this time?
If the minor didn't turn 18 before 7/1/2018, then they were not eligible to register during the 2017-2018 registration window, thus they will not be eligible to register during this upcoming window.
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AW Reg. will likely be reopened summer '21 to those who weren't able to register by 7/18. We don't know what that means for firearms made compliant when reg. failed or if they can or must be converted to AW configuration before registering. There's a moratorium on prosecutions for possession of AWs which were eligible for registration, but AWs acquired after 2016 can still be prosecuted!
Extremely important note: DON'T register anything acquired after 2016!!!
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  #5020  
Old 03-21-2021, 12:30 PM
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The attorney's got a large fee award. But was the mere re-opening of the registration a huge victory? I mean, unless you weren't paying attention you would have made the decision back then one way or the other. So unless you weren't paying attention or if you had a change of heart, I'm not excited.
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  #5021  
Old 03-25-2021, 7:23 PM
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OK, does this give me the opportunity to de-register my RBBAWs given that I have removed their BBs?
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  #5022  
Old 03-25-2021, 7:34 PM
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Originally Posted by BAJ475 View Post
OK, does this give me the opportunity to de-register my RBBAWs given that I have removed their BBs?
De-registration has always been available, see excerpt from the OP of this thread below. This news doesn't change de-registration availability, nor the process for doing so. (My opinion is, unless you are selling the weapon, it isn't worthwhile to de-register in most cases. It's a hassle and it's unlikely that it would take you off DOJ's naughty list anyways. It would, however, remove the AW storage, transfer, and transport restrictions, which is particularly important with weapons for which you can't easily just swap out the receiver; but for AR's, it's usually better to just leave the registration alone, swap the receiver for one that isn't RAW, and store the RAW receiver somewhere for a rainy day.)

Voluntary De-Registration

Before you consider formal de-registration, consider that you can instead choose to modify or reconfigure the firearm to no longer meet the definition of an Assault Weapon, and then replace the serialized RAW receiver with a different (not RAW) receiver, effectively making the weapon no longer a RAW. Then you may retain the RAW receiver in case you ever decide to build it into a functional RAW again in the future.

If you still decide to formally de-register a RAW, the procedure is outlined below. Note that there is no such thing as mandatory de-registration. Under no circumstances are you required to contact DOJ about your RAW once it's registered. Even if you sell it, move, etc. However, in certain scenarios (like if you sold it), you may want to de-register it to disassociate your name from that weapon.
  1. Registered Assault Weapons may be de-registered under the following circumstances:
    • Weapons that are no longer possessed, after completing a BOF Form 4546 ("Notice of No Longer in Possession")
    • Weapons that have been modified or reconfigured to no longer meet the definition of an Assault Weapon
  2. Send a letter to DOJ that includes the following:
    • Full name, phone number, and current address; make, model, and serial number; and the DOJ Assault Weapon Registration Number (if known - if not known, then the letter must also be notarized).
    • If no longer in possession, must include a proof of sale or transfer.
    • If still in possession, must include 1 or more photos showing the weapon in a non-AW configuration.
    • Signature and date
  3. Mail the letter to: Bureau of Firearms, P.O. Box 820200, Sacramento, CA 94203-0200
  4. If still in possession, DOJ may request additional photos, information, or even an inspection (where or by whom, we don't know)
  5. After determining eligibility for de-registration, DOJ will delete the Assault Weapon Registration, and if you are still in possession they will convert the record to a standard "Firearm Ownership Report", or if you are no longer in possession they will convert it to a "No Longer in Possession" entry in AFS.
  6. Confirmation of de-registration and updated firearm ownership information will be mailed to your address.
  7. You may never re-register the weapon as an Assault Weapon, even if the registration period is still open! Attempting to do so would be admitting that you took a non-AW and made it back into an AW after it became illegal to do so on 1/1/2017.
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AW Reg. will likely be reopened summer '21 to those who weren't able to register by 7/18. We don't know what that means for firearms made compliant when reg. failed or if they can or must be converted to AW configuration before registering. There's a moratorium on prosecutions for possession of AWs which were eligible for registration, but AWs acquired after 2016 can still be prosecuted!
Extremely important note: DON'T register anything acquired after 2016!!!

Last edited by CandG; 03-25-2021 at 7:50 PM..
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