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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 09-13-2007, 10:48 PM
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Yakman Yakman is offline
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Default Bringing in Pre-ban rifles

Back around 93-94 I lived in AZ. I had purchased several rifles, Colt Car-15, FN-Fal Para, SPAS 12 and a few others. Well in 97 I moved back to PROK and had a friend of mine hold onto my rifles for me until I got settled (I moved in with family and they were a bit reluctant with the hardware. Deer rifles and pump 12 ga.(s) were fine, but not the black rifles.) Anyway, my friend moved and we lost contact. Just recently I ran into him on a business trip and we exchanged info. He still has the guns and keeps the oiled and taken care of. He had been taking them to the range but has been keeping them in excellent condition. He jokingly doesn't want to hand them back but I'm not sure I could bring them back in to PROK.

I still have the original paperwork for the rifles and receipts that show the dates of purchase and the mags, which show they were bought WELL before the first AWB, that I bought with them. Could I bring them in legally? Or should I just sell them in AZ? (Which my friend will buy from me if I choose to sell.)
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Old 09-13-2007, 10:53 PM
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hoffmang hoffmang is offline
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There are two different answers to your questions.

1. Named assault rifles: Unless you registered them as assault weapons, you can not bring them back to California. Purchase receipts are not enough. If any of them are not "named" you might be able to utilize some of the California compliance parts available from the sponsors to bring them back in.

2. Your magazines: Since you owned them in California before 2000, they can come back and be used in any otherwise legal firearm.

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  #3  
Old 09-13-2007, 11:09 PM
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Probably should leave them in AZ. Those of us in CA who didn't manage to buy into non-neutered weapons kinda wince when others who were smarter, luckier, or better off financially suggest selling them.

To the exact point, there were 2 major deadlines for registering California 'assault weapons':
  • NAMED AWs, in the original Roberti-Roos law (PC 12276), had to have been in CA on June 1, 1989 and registered by January 1, 1991.
  • SB23 FEATURE TEST AWs (PC 12276.1) had to be here by January 1, 2000 and registered by a year later, January 1, 2001.
Both dates have passed.

Unless one can get an Assault Weapon Permit, there are essentially no exceptions for we ordinary people. PC 12285(b)(2) is the controlling law:
Quote:
(2) A person moving into this state, otherwise in lawful
possession of an assault weapon, shall do one of the following:
(A) Prior to bringing the assault weapon into this state, that
person shall first obtain a permit from the Department of Justice in
the same manner as specified in Article 3 (commencing with Section
12230) of Chapter 2.
(B) The person shall cause the assault weapon to be delivered to a
licensed gun dealer, as defined in subdivision (c) of Section 12290,
in this state in accordance with Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto. If the person obtains a permit from the
Department of Justice in the same manner as specified in Article 3
(commencing with Section 12230) of Chapter 2, the dealer shall
redeliver that assault weapon to the person. If the licensed gun
dealer, as defined in subdivision (c) of Section 12290, is prohibited
from delivering the assault weapon to a person pursuant to this
paragraph, the dealer shall possess or dispose of the assault weapon
as allowed by this chapter.
It might be possible to convert one or more of your rifles to 'off list' condition, if they are not in the banned-by-name group - there's lots of discussion here about how to do that.
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  #4  
Old 09-14-2007, 9:39 AM
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Yakman Yakman is offline
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Thanks for the info guys. I'll have to look into weather or not they are on the list. Otherwise I'll just have to sell them to my friend.
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Old 09-14-2007, 10:09 AM
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I believe that the three you listed are in fact, on the list. At least with the CAR-15, you have the following option. Buy and build a stripped off list lower, go get all the parts EXCEPT the lower off the CAR-15 and bring them back for use on the new lower. As I'm sure the old upper has a flash hider on it, you'll have to pin a 10 round mag into the new lower, but you'll have a functional rifle at considerably less expense than starting over. You won't be able to use your old hi cap mags in this one, but you can always build a featureless AR and use them there!

I think you are probably screwed on the FN and SPAS.
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  #6  
Old 09-14-2007, 11:28 AM
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GSequoia GSequoia is offline
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Personally I'd keep them there or relocate them to another out of state friend. If the AW ban is overturned I'd want to see as many people bring their nasty little toys back as a big FU to the state
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