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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 06-08-2011, 6:18 AM
My375hp302 My375hp302 is offline
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Default Ex-LE AW retention - other situation

I read the other thread about retired Officer having to give up their legally registered assault weapons and that got me thinking about a buddy of mine. He purchased an AR-15 and registered it as an assault weapon when he was a Police Officer. About three years ago he was fired, but being that he has a signed letter from the cheif that says he can keep it he didn't think abything of it. After reading the other thread on this I talked to him and he diceded we should get rid of it. The question is how? How without breaking any other law such as offering for sale or transportation. My thought was to completely strip the lower and then call the local sheriff and surrender it to them. We can always buy a new lower with a clean serial number and build it legally with a bullet button.

And what about all the Hi-cap magazines he bought when he was LE? Nor sure if they are marked LE only or not but they were legally obtained when he was an Officer. Thoughts?
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Old 06-08-2011, 10:08 AM
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That is an acceptable solution for the AR, might be best to turn in the reg. paperwork at the same time or have an attorney do the surrender. Be sure to download the AW flowchart and build a legal gun.

You cannot use large-capacity magazines in a gun with a Bullet Button but he can keep any magazines he legally acquired while a police officer. LE-Only markings etc. are not important and have no impact on their legality. He CANNOT sell the magazines though.
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Old 06-08-2011, 11:22 AM
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The rifle is still registered, which according to the penal code, makes it legal for him to possess. There is no un-registration process. If he is worried, just give it more time for the AG opinion vs. RAW issue to resolve. The mags are legal to possess also, just not legal to transfer.
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Old 06-08-2011, 12:02 PM
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I believe there is an un-registering process available if the gun is not a named "assault weapon".

He should seek legal advice from a gun lawyer, CGF can recommend one I'm sure.

So far there is only an Attourney General's opinion letter on the subject, no prosecutions that I'm aware of. That means he has time to get legal help. Just tell him not to transport or fire it until he gets that legal help.

He might even be a good plaintiff for a gun rights lawsuit so make sure that his actions are directed by a lawyer.
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Old 06-08-2011, 12:02 PM
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Originally Posted by MudCamper View Post
The rifle is still registered, which according to the penal code, makes it legal for him to possess. There is no un-registration process.
I'm pretty sure that Bill W. has said there is. I'm not positive but hopefully he'll pop in and answer.
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Old 06-08-2011, 1:43 PM
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well i think he rather just get rid of it and not worry about it. when he was fired he was also charged and convicted of a crime and did three months in county. he was innocent but thats a whole nother story.that said the local pd has it out for him and he's still on probation so he'd rather not take a chance. nobody wants to be the test case!
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Bad decisions by soldiers, officers, and politicians have lost wars, despite having "the same end result in mind" as the people who know better...

100 idiots are still idiots despite being on "my side"

Some people just don't understand that good ideas sometimes aren't.

Guns don't kill criminals, would have been victims do.
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Old 06-08-2011, 1:49 PM
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If there are other legal issues surrounding this, he needs to be extra careful. It might be best to surrender the gun but to do that right he needs a gun lawyer.

Get a lawyer!

It's not just a good suggestion, if thinks he might be arrested for an "ongoing crime" or whatever it is called, he needs to lawyer up now.
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Old 06-08-2011, 1:53 PM
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I'd tell the friend to not worry about it unless some of his former co-workers come to visit bearing a letter from their chief telling him he has to divest.

As noted above, the mags are king's X. He can possess and use those all he wants.... other than putting mags with a capacity >10 into a mag locked gun, of course.
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Old 06-08-2011, 1:58 PM
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If it in not a named AW there is a simple process to unregister it once the evil features have been removed (or a BB installed) That would negate any need to rebuild with another lower.
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Old 06-08-2011, 2:08 PM
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Just buy another lower and reassemble. The old receiver is the only part in question. No sense turning in a complete weapon.

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Old 06-08-2011, 2:14 PM
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Quote:
Originally Posted by My375hp302 View Post
well i think he rather just get rid of it and not worry about it. when he was fired he was also charged and convicted of a crime and did three months in county. he was innocent but thats a whole nother story.that said the local pd has it out for him and he's still on probation so he'd rather not take a chance. nobody wants to be the test case!
Are you/he certain he's not prohibited from ownership based on said probation?
If he is, he had better not be around, have control, or handle any firearms.
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Old 06-08-2011, 2:21 PM
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While all of those other answers are nice, the guy is on probation and depending on how the DA sees things, he might be in possession of contraband which might land him back in jail.

Only a good gun lawyer is qualified to give him advise.
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Old 06-08-2011, 2:31 PM
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Many LE AW guns are banned-by-name given dept armorer policies preferring Colt, Bushmaster, Armalite.

Also, given 'detrimental reliance' on now false/incorrect DOJ statements, a BB fixup (even if possible) is not correct. The gun was purchased in the belief it could be retained into retirement (albeit with usual AW treatment) - most of these would NOThave been purchased if this correct legal situation were known beforehand. Half assed solutions do not fix this and really only a buyback or a complete fix can work.
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Old 06-08-2011, 6:03 PM
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Quote:
Originally Posted by bwiese View Post
Many LE AW guns are banned-by-name given dept armorer policies preferring Colt, Bushmaster, Armalite.

Also, given 'detrimental reliance' on now false/incorrect DOJ statements, a BB fixup (even if possible) is not correct. The gun was purchased in the belief it could be retained into retirement (albeit with usual AW treatment) - most of these would NOThave been purchased if this correct legal situation were known beforehand. Half assed solutions do not fix this and really only a buyback or a complete fix can work.
Given our legislature's past, I'll assume that nothing will be done until someone like CalGuns or the NRA takes up the fight.
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Old 06-08-2011, 6:03 PM
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Yes he is able to own firearms, it was a non-violent misd. And altho I can't remember the brand it was some off brand so I'm sure it's not listed. Can anyone provide any links about the un-registration process? That might be an option if it's legit but it sounds too good to be true. If not we'll just get rid of the lower and I'll build it back up for him on a clean one.
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The road to hell is paved with good intentions.

Bad decisions by soldiers, officers, and politicians have lost wars, despite having "the same end result in mind" as the people who know better...

100 idiots are still idiots despite being on "my side"

Some people just don't understand that good ideas sometimes aren't.

Guns don't kill criminals, would have been victims do.
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Old 06-09-2011, 2:18 AM
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Quote:
Originally Posted by bwiese View Post
Half assed solutions do not fix this and really only a buyback or a complete fix can work.
Would one of those "complete fixes" happen to be re-opening registration for everyone to allow retired LEOs the opportunity to "cleanly" register their rifles?
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