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Newer AW laws and storage questions

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  • plink22
    Junior Member
    • Jan 2017
    • 8

    Newer AW laws and storage questions

    Some folks I know are saying that if you store your AR upper and lower separated it gets around the CA state AW laws because they are not a completed firearm.

    Also another has stated that removing the Firing pin during storage makes the weapon inert deactivated and only a training replica.
    Does current CA state AW laws have language dealing with these storage methods or are they making "out there" excuses.

    1. disassembly Upper from Lower
    2. firing pin removal/ deactivated /inert training replica.

    *Finding a lot of rules rumors and Kydex grip mod discussions too but don't see any being sold this way publicly in stores so...

    Feels like limbo...
  • #2
    smoothy8500
    Veteran Member
    • Sep 2009
    • 3838

    So how do you go shooting with an incomplete firearm?

    Comment

    • #3
      86 5.0L
      Member
      • Sep 2016
      • 178

      Originally posted by smoothy8500
      So how do you go shooting with an incomplete firearm?
      Travel to free state, private land, private range, etc

      Comment

      • #4
        baih777
        CGN/CGSSA Contributor
        CGN Contributor
        • Jul 2011
        • 5679



        You also have to remember there are constructive possession laws also. Having a completed lower might fall into that category.
        Been gone too long. It's been 15 to 20 years since i had to shelf my guns. Those early years sucked.
        I really miss the good old Pomona Gun Shows.
        I'm Back.

        Comment

        • #5
          plink22
          Junior Member
          • Jan 2017
          • 8

          Good point, but I was asking about storage. parts components, deactivation. Maybe someone wants to Kydex up a few he owns and deactivate some others and store them. Kinda like non-op while their being worked on or... just a grey area question.

          A lot of people have multiple AW and wondering how to configure them in various ways. Talking options my man...

          Does a firearm need to be "operable," to continue to be a firearm.

          Comment

          • #6
            SantaCabinetguy
            I need a LIFE!!
            • Feb 2011
            • 15137

            Originally posted by baih777
            ...
            You also have to remember there are constructive possession laws also. Having a completed lower might fall into that category.
            "Constructive possession" laws do not apply for "CA AWs" (actual constructive possession does still exist for SBS/SBR, MGs, & DDs. i.e. owning a short barreled upper for a pistol but not owning the pistol lower.)

            There is one primary case that involved "constructive possession" of a "CA AW" via parts where the intent to create a functioning firearm (i.e possession) was argued/adjudicated to exist and the receiver of said firearm being a felon-in-possession.
            See Here: http://michellawyers.com/people-v-ng...al-opninion-2/

            Further, the still unpublished but submitted for publication CCR clarifications for implementing SB880/AB1135 outline methods of creating non semi-auto weapons (and thus not "assault weapons") via separating the upper & lower.
            See here: https://cdn.firearmspolicy.org/wp-co...egulations.pdf [5471(hh)(3)]

            ^^^
            I do not know if this applies to registered "CA AWs."
            It would be nice if I could "temporarily" remove my RAW from RAW status so that my kid(s) could shoot it, or I could stop at the subway on my way home from the range, or whatever, but I do not believe this is possible because once the serial is run through AFS it will populate as an RAW regardless if it's fully featured or a stripped receiver. I still believe, but hope for further opposing opinion/clarification from CA DOJ, that once an "AW" is registered, it is always registered until it is "removed" from the registry.
            Hauoli Makahiki Hou


            -------

            Comment

            • #7
              plink22
              Junior Member
              • Jan 2017
              • 8

              So the best way to avoid RAW status is removing the Buffer and spring and render it a bolt gun for storage is your not planning to featureless it before deadline.
              Run it as a boltgun. manual slide and fire until you can scratch up all the dough to kydex and replace the buttstocks etc.
              firing pin removal and lower separation doesn't
              deactivate "operable," nature of firearm.

              The earlier case sighted the man had a 50bmg and admitted to assembly intent for whatever reasons.

              Comment

              • #8
                plink22
                Junior Member
                • Jan 2017
                • 8

                ~hh) "Semiautomatic" means a firearm functionally able to fire a single cartridge eject the
                empty case and reload the chamber each time the trigger is dulled and released Further
                .certain necessary mechanical parts that will allow a firearm to function in a semiautomatic
                nature must be present for a weapon to be deemed semiautomatic. A weapon clearlX
                designed to be semiautomatic but lacking a firing pin bolt carrier gas tube or some other
                crucial dart of the firearm is not semiautomatic for ~ur~oses of Pedal Code section 30515
                30600 and 34605(a) and 3Q900.

                Found this in the second link you cited Ubermcoupe.
                I think it means without firing pin its not semiauto and not AW.
                So this could be used for non-oping...

                Comment

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