Is this legal

[caliboy1321]

http://www.gunbroker.com/Auction/ViewItem.asp?Item=69545313

If a 10 round mag was fixed and it is regitered as a pistol?

I do not belive the hk sp89 is on "the list" is it?

[Technical Ted]

The HK SP89 pistol is not listed as an Assault Weapon, nor is it listed on the Roster of Handguns Certified for Sale. Therefore samples would have to be submitted for Safety Certification testing--and the fees paid--and the design would have to pass (including the drop test) before you could import one into the state.

http://caag.state.ca.us/firearms/dwcl/12125.php

12127. (a) As used in this chapter, the "firing requirement for handguns" means a test in which the manufacturer provides three handguns of the make and model for which certification is sought, to an independent testing laboratory certified by the Attorney General pursuant to Section 12130...

[ts]

hahahaahah yeah right... that's a good one... as a pistol it is not legal for numerious reasons:

1: not on the drop list
2: mag out side of grip
3: can be held with two hands
4: i am sure there are more

as a centerfire rifle it does not meet length requirement's and needs to be fixed 10 round mag.

[Technical Ted]

hahahaahah yeah right... that's a good one... as a pistol it is not legal for numerious reasons:

1: not on the drop list
2: mag out side of grip
3: can be held with two hands
4: i am sure there are more

as a centerfire rifle it does not meet length requirement's and needs to be fixed 10 round mag.

Actually, if it was a fixed mag, the mag being outside the grip and the barrel shroud wouldn't matter.

http://ag.ca.gov/firearms/dwcl/12275.php?PHPSESSID=d40fbab14235c734a982b23ce8eb4e48

12276.1. (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.

The HK SP89 was only BATF approved, marketed, imported and sold in the US as a pistol and was never transferred as a rifle.

The only thing that would keep it out of state is the lack of a safety certification, based on testing of 3 samples (that probably won't be returned) with--IIRC--ammo, payment for testing to the test lab and state fees by the prospective importer.

There is hope. Unless firearms are completely outlawed, sometime around the year 2039, the HK SP89 will be added to the C&R list.

[CalNRA]

the HK would also have to have a mag disconnect to be certified for sale, the only way for it to work would be for someone living in another state to buy it out of the state, fix the mag, move here and then you can PPT it. Or if you are one of those with cop friends you *could* ask them to buy it and receive it as a fixed configuration(so it's just an unsafe handgun rather than AW) and then sell it to you. Though it's in a real grey area and I doubt any cop with a future would want to do it.

[randy]

Here's the rule if it is cool it's not legal

[emERICa]

Here's the rule if it is cool it's not legal

LOL........Funniest thing I've read in a while!!

[ts]

Actually, if it was a fixed mag, the mag being outside the grip and the barrel shroud wouldn't matter.

http://ag.ca.gov/firearms/dwcl/12275.php?PHPSESSID=d40fbab14235c734a982b23ce8eb4e48

The HK SP89 was only BATF approved, marketed, imported and sold in the US as a pistol and was never transferred as a rifle.

The only thing that would keep it out of state is the lack of a safety certification, based on testing of 3 samples (that probably won't be returned) with--IIRC--ammo, payment for testing to the test lab and state fees by the prospective importer.

There is hope. Unless firearms are completely outlawed, sometime around the year 2039, the HK SP89 will be added to the C&R list.

so by that logic a Tec-9 is legal? Oh and the HK does have a second hand grip.

[JPN6336]

so by that logic a Tec-9 is legal?

The Tec-9 is on the list:

12276. As used in this chapter, "assault weapon" shall mean the following designated semiautomatic firearms:
(4) Intratec TEC-9.

[Technical Ted]

so by that logic a Tec-9 is legal? Oh and the HK does have a second hand grip.

JPN6336 is correct: the TEC-9 is on the list of pistols banned by name as Assault Weapons under 12276.

If they changed the name, or another manufacturer made a clone under a different model designation, it would be subject to 12276.1 UNLESS it had a fixed internal magazine with a 10 round or less capacity.

Even then it would still need to pass the requirements to be listed on the Roster of Handguns Certified for Sale

[ts]

The mag is still out side the pistol grip and it has a heat shield. The HK has the mag outside the pistol grip and (B) A second handgrip. So if the Tec-9 was not listed it would be in the same ball park as the HK.

[Technical Ted]

The mag is still out side the pistol grip and it has a heat shield. The HK has the mag outside the pistol grip and (B) A second handgrip. So if the Tec-9 was not listed it would be in the same ball park as the HK.

True, but because the HK has a detachable magazine that is located outside the primary pistol grip, plus the barrel shroud that acts as a second location for gripping with the shooters other hand, it is considered an Assault Weapon.

Reread what's been posted previously and you'll see that the HK SP89 in the link wouldn't be legal for importation into California unless it 1) had a fixed mag 2) was on the Roster. If the SP89 was already in California as a registered AW, then it could potentially be sold in a FTF PPT if the owner removed the capacity to accept a detachable magazine.

[ts]

True, but because the HK has a detachable magazine that is located outside the primary pistol grip, plus the barrel shroud that acts as a second location for gripping with the shooters other hand, it is considered an Assault Weapon.

Reread what's been posted previously and you'll see that the HK SP89 in the link wouldn't be legal for importation into California unless it 1) had a fixed mag 2) was on the Roster. If the SP89 was already in California as a registered AW, then it could potentially be sold in a FTF PPT if the owner removed the capacity to accept a detachable magazine.

yup.

[626Tony]

good thing i read this I almost bid when i saw it