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  • mlaines
    Member
    • Mar 2010
    • 414

    pistol grip and Vertical fore grip

    Is it legal to have a pistol grip and a V. fore grip on a Saiga 12 with a non-moving butt stock. How do you interpret the law.

    12276.1 (a) Notwithstanding Penal Code section 12276, “assault weapon” shall also mean the following:

    Shotguns
    (6) A semiautomatic shotgun that has both of the following:
    (A) A folding or telescoping stock.
    (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or
    vertical handgrip.
    (7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
    (8) Any shotgun with a revolving cylinder.
    Last edited by mlaines; 06-10-2010, 9:23 PM.
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  • #2
    telcolineman
    Veteran Member
    • Jun 2008
    • 2624

    I believe as long as it has a mg lock you can have all the evil features you like, I am guessing it is considered the same because it is centerfire and takes a magazine. You could also have a folding/collapseable stock and a flash hider if you like
    NRA Life Member

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    • #3
      mlaines
      Member
      • Mar 2010
      • 414

      Let say they don't consider it a centerfire, how would you interpret the written law above?
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      • #4
        telcolineman
        Veteran Member
        • Jun 2008
        • 2624

        I read they are considering it the same as the AR, It must have a mag lock to run any and all evil features
        NRA Life Member

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        • #5
          ke6guj
          Moderator
          CGN Contributor - Lifetime
          • Nov 2003
          • 23725

          Originally posted by mlaines
          both of the following:
          (A) A folding or telescoping stock.
          (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or
          vertical handgrip.
          (7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
          (8) Any shotgun with a revolving cylinder.
          in your example, you would have zero "A" features and two "B" features. The law prohibits you from having an A plus a B, not two B's. Should be legal. The Shotgun AW flowchart covers this.







          Originally posted by telcolineman
          I believe as long as it has a mg lock you can have all the evil features you like, I am guessing it is considered the same because it is centerfire and takes a magazine. You could also have a folding/collapseable stock and a flash hider if you like
          what does centerfire have to do with anything? Don't try to include centerfire rifle regs with shotgun regs.

          presence of a maglock does not allow you to have all the evil features you want on a semi-auto shotgun. Don't give out bad info like that. All the maglock does is cover you against 12276.1(a)(7). (a)(6) deals with features and a maglock does not exempt you from that.

          Originally posted by mlaines
          Let say they don't consider it a centerfire, how would you interpret the written law above?
          disregard telcolineman's info, centerfireness has nothing to do with shotgun regs. One could make a rimfire shotgun shell and matching shotgun and the shotgun regs would still apply to it.
          Jack



          Do you want an AOW or C&R SBS/SBR in CA?

          No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

          Comment

          • #6
            Cokebottle
            Señor Member
            CGN Contributor - Lifetime
            • Oct 2009
            • 32373

            Originally posted by telcolineman
            I believe as long as it has a mg lock you can have all the evil features you like, I am guessing it is considered the same because it is centerfire and takes a magazine. You could also have a folding/collapseable stock and a flash hider if you like
            Negative.

            Semi-automatic Shotgun assault weapon laws are different from centerfire rifle assault weapons laws.

            The semi-automatic shotgun may have EITHER a pistol grip OR a telescoping/folding buttstock, but not both.



            The biggest difference is that the semi-automatic shotgun MUST ALWAYS have a fixed magazine. There is no such thing as a "featureless build".

            So, following the flowchart, first thing to check is for a fixed mag (bullet button), if yes, move to the next question:
            Telescoping or folding stock? If no, it is legal, no matter what other "features" it has.
            If it does, THEN move to the next question:
            Does it have a pistol grip, thumbhole stock, or vertical handgrip.
            If no, it's GTG, if yes, it's an AW.

            Look carefully at the sections in the law:

            Shotguns
            (6) A semiautomatic shotgun that has both of the following:
            (A) A folding or telescoping stock.
            (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or
            vertical handgrip.
            (7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
            (8) Any shotgun with a revolving cylinder.

            The proper reading of the law is:

            (6)
            A semiautomatic shotgun that has both of the following:
            (A) A folding or telescoping stock.
            AND
            (B)
            A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or
            vertical handgrip.

            OR

            (7) A semiautomatic shotgun that has the ability to accept a detachable magazine.

            OR

            (8) Any shotgun with a revolving cylinder.
            - Rich

            Originally posted by dantodd
            A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

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            • #7
              mlaines
              Member
              • Mar 2010
              • 414

              Thanks for the info, that's how i interpret the law also. A friend of mine was trying to tell me different today and made me question myself. Thanks for the clarification!!

              Originally posted by ke6guj
              in your example, you would have zero "A" features and two "B" features. The law prohibits you from having an A plus a B, not two B's. Should be legal. The Shotgun AW flowchart covers this.







              what does centerfire have to do with anything? Don't try to include centerfire rifle regs with shotgun regs.

              presence of a maglock does not allow you to have all the evil features you want on a semi-auto shotgun. Don't give out bad info like that. All the maglock does is cover you against 12276.1(a)(7). (a)(6) deals with features and a maglock does not exempt you from that.


              disregard telcolineman's info, centerfireness has nothing to do with shotgun regs. One could make a rimfire shotgun shell and matching shotgun and the shotgun regs would still apply to it.
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              • #8
                telcolineman
                Veteran Member
                • Jun 2008
                • 2624

                Originally posted by ke6guj
                in your example, you would have zero "A" features and two "B" features. The law prohibits you from having an A plus a B, not two B's. Should be legal. The Shotgun AW flowchart covers this.







                what does centerfire have to do with anything? Don't try to include centerfire rifle regs with shotgun regs.

                presence of a maglock does not allow you to have all the evil features you want on a semi-auto shotgun. Don't give out bad info like that. All the maglock does is cover you against 12276.1(a)(7). (a)(6) deals with features and a maglock does not exempt you from that.


                disregard telcolineman's info, centerfireness has nothing to do with shotgun regs. One could make a rimfire shotgun shell and matching shotgun and the shotgun regs would still apply to it.
                Pardon me, I stated that was what I believed. I do not have any experience with shotguns with detachable mags. Excuse my misinerpretation, I applolgise for trying to help
                NRA Life Member

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                • #9
                  ke6guj
                  Moderator
                  CGN Contributor - Lifetime
                  • Nov 2003
                  • 23725

                  no problem, that is why I was polite about it.
                  Jack



                  Do you want an AOW or C&R SBS/SBR in CA?

                  No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                  Comment

                  • #10
                    telcolineman
                    Veteran Member
                    • Jun 2008
                    • 2624

                    I personally use my shotguns for hunting, So I have never even thought about the saiga and others with detach. mags, I usually hunt pheasant so I run the 870WM with a 28" barrel
                    NRA Life Member

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