Understanding Assault Weapons

[Guest]

Recently, I worked on an assault weapon case. The rifle I examined was an OLL lower with a regular magazine release, "capacity to accept a detachable magazine", with a pistol grip and retractable stock and flash suppressor in M4 confuguration. However, the magazine was C-Mag 10/30.

I wonder if the owner/builder of the rifle thought that if he has a 10 round mag, it would be okay, which is not okay in that configuration. I would like to believe he didn't understand the law correctly. However, ignorance is not an excuse.

Just throwing out to let the members know these things happen. I'd like to let you know from the real life cases, so people can see what is happening. To this date, I only saw one OLL with Bullet Button come through my office. And, that rifle was confiscated with many other actual assault weapons from one person. I sorted out and returned that rifle to the detective. I believe vast majority of LEO's have beter understanding on the assault weapons and OLL rifles.

The shooters/owners have responsibility to keep the rifles in legal configuration until we change the law.

[October]

???? So if his config had a bullet button, he would have been fine. Right? (assuming the retract stock at its shortest also equaled 30 inches total length)

[armygunsmith]

Thanks for posting your experiences. I wonder if some people are genuinely ignorant of the law or are just playing the odds thinking that they'll never get caught.

[Cyc Wid It]

Interesting, let's reconcile this thread with that other thread about "what to do when you see someone with an illegal configuration."

[robairto]

Hmmmm

Recently, I worked on an assault weapon case. The rifle I examined was an OLL lower with a regular magazine release, "capacity to accept a detachable magazine", with a pistol grip and retractable stock and flash suppressor in M4 confuguration. However, the magazine was C-Mag 10/30.

=I sorted out and returned that rifle to the detective. I believe vast majority of LEO's have beter understanding on the assault weapons and OLL rifles.

The shooters/owners have responsibility to keep the rifles in legal configuration until we change the law.

What if the individual had the lower without the upper attached and no mag inserted? What would the reaction have been? Would he have been safe? How about legal?

[KaTooM]

My guess would be he was uninformed. He probably got his info from his friends. I held out until a reputable arms dealer in socal sold me one off the shelf(OLL with bb) Happened to be Rifle gear(DDM4V1)

Thanks for the reminder Topgun.

[Jonathan Doe]

???? So if his config had a bullet button, he would have been fine. Right? (assuming the retract stock at its shortest also equaled 30 inches total length)

The OLL with the bullet button was a different incident than the one I recently examined.

Thanks for posting your experiences. I wonder if some people are genuinely ignorant of the law or are just playing the odds thinking that they'll never get caught.

I see many OLL rifles with Prince 50 device that had the set screw missing, making it "removable magazine". Also see a lot of OLL rifles with regular magazine releases. I don't know what they were thinking. Many guns were taken from serving search warrants.

[lazyworm]

Are the owner of these rifles being prosecuted for having unregistered AWs?

[9-12]

It's not an "assault weapon", as cool as that sounds. An assault rifle has a selector switch.
I'm just sayin.

Recently, I worked on an assault weapon case. The rifle I examined was an OLL lower with a regular magazine release, "capacity to accept a detachable magazine", with a pistol grip and retractable stock and flash suppressor in M4 confuguration. However, the magazine was C-Mag 10/30.

I wonder if the owner/builder of the rifle thought that if he has a 10 round mag, it would be okay, which is not okay in that configuration. I would like to believe he didn't understand the law correctly. However, ignorance is not an excuse.

Just throwing out to let the members know these things happen. I'd like to let you know from the real life cases, so people can see what is happening. To this date, I only saw one OLL with Bullet Button come through my office. And, that rifle was confiscated with many other actual assault weapons from one person. I sorted out and returned that rifle to the detective. I believe vast majority of LEO's have beter understanding on the assault weapons and OLL rifles.

The shooters/owners have responsibility to keep the rifles in legal configuration until we change the law.

[Omega13device]

It's not an "assault weapon", as cool as that sounds. An assault rifle has a selector switch.
I'm just sayin.

No you're just wishin. It's an assault weapon because that's what the law calls it.

12276. As used in this chapter, "assault weapon" shall mean the following designated semiautomatic firearms...

[Jonathan Doe]

Are the owner of these rifles being prosecuted for having unregistered AWs?

I believe he will be in this case. You can find out about it in CA Penal Code section 12280(b).

[Librarian]

It's not an "assault weapon", as cool as that sounds. An assault rifle has a selector switch.
I'm just sayin.

No you're just wishin. It's an assault weapon because that's what the law calls it.

12276. As used in this chapter, "assault weapon" shall mean the following designated semiautomatic firearms...

But of course, that's one aspect that shows how silly the law is.

[donking]

Whenever I take a buddy out to shoot who is new to ARs, I show them how the bullet button works and explain that this is why it is legal.

[FNH5-7]

However, ignorance is not an excuse.

You're correct, however, as much as I respect LEOs, "I didn't know" is an excuse for LEOs and not for civilians.

???? So if his config had a bullet button, he would have been fine. Right? (assuming the retract stock at its shortest also equaled 30 inches total length)

Had that person at least kept the AR in two pieces he wouldn't of been in trouble right now.

I don't know what they were thinking. Many guns were taken from serving search warrants.

So, the people that were caught with assault weapons had warrants in place for other crimes? I rest my case. They probably didn't care at all.

[bwiese]

What if the individual had the lower without the upper attached and no mag inserted? What would the reaction have been? Would he have been safe? How about legal?

That's a defendable case. Barring other coloring issues, we at CGF would be interested in ones like that.