80% (Home built) and Assault Weapon registration

[V8MERC124]

So this should only apply to 80% builds that fall under their definition of AW. All rifles have the option of going featureless but if you dont want too, then read on. AR pistols still have the option of a top loading fixed mag pistol. But AK pistols really dont have any solutions other than to register or sell out of state or build into featureless rifle.

If I understand correctly, only firearms that will have the 2017 year grace period to register as AW are firearms purchased (obtained?) prior to 12/31/2016.

How do they know if the firearm was built prior to that exact date? Does the firearm need to be registered to you first (normal registration) and then you can do the AW registration. Or do you do the identification markings anytime prior to 1/1/2018 and also submit AW registration prior to 1/1/2018?

I mean technically prior to 2014 (i think) rifles were not "registered" so those should be in a similar boat. But most all pistols (non home built) have been registered for the past 20 years.

Folks of the first registration may have a better idea on how this works.

[Quiet]

Part of the proposed 2017 registration process is providing proof of when the firearm was acquired.

[nick]

Part of the proposed 2017 registration process is providing proof of when the firearm was acquired.

Would be interesting to see if that requirement stays. I have a feeling that even many of the people willing to register their guns would be unable to prove when the firearm was acquired.

[V8MERC124]

I wonder if a youtube video showing the firearm would suffice as evidence to owning prior to 1/1/2017. Youtube videos have a date stamp that cannot be faked...

Would evidence be required for pre 2014 rifles then?

[LeadFarmer74]

Would evidence be required for pre 2014 rifles then?

Here is what would be required for SB 880 and AB 1135:

(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the department may deem appropriate.

[LeadFarmer74]

Part of the proposed 2017 registration process is providing proof of when the firearm was acquired.

Where did you see this?

[Quiet]

Where did you see this?

From the text of SB880...

(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date the firearm was acquired, the name and address of the individual from whom, or business from which, the firearm was acquired, as well as the registrant's full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver's license number or California identification card number.


Also, because of this part...

(5) The department shall adopt regulations for the purpose of implementing this subdivision. These regulations are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

CA DOJ BOF can change any part of the registration process/requirements until they implement it on 01-01-2017.

[LeadFarmer74]

I just pulled my example off of the text of SB 880 which should be the most current text.

[Quiet]

I just pulled my example off of the text of SB 880 which should be the most current text.

The part you quoted is the process for 1990 and 2000. Not the new one for 2017.

Since it amends current law, the bill also have parts of the old law that is not amended.

In the bill's text...

Penal Code 30900(a) is the old process for 1990 and 2000.

Penal Code 30900(b) is the new process for 2017.

[Quiet]

The new laws starting 01-01-2017...

Penal Code 30680
Section 30605 does not apply to the possession of an assault weapon by a person who has possessed the assault weapon prior to January 1, 2017, if all of the following are applicable:
(a) Prior to January 1, 2017, the person was eligible to register that assault weapon pursuant to subdivision (b) of Section 30900.
(b) The person lawfully possessed that assault weapon prior to January 1, 2017.
(c) The person registers the assault weapon by January 1, 2018, in accordance with subdivision (b) of Section 30900.

Penal Code 30900
(b)(1) Any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined in Section 30515, including those weapons with an ammunition feeding device that can be readily removed from the firearm with the use of a tool, shall register the firearm before January 1, 2018, but not before the effective date of the regulations adopted pursuant to paragraph (5), with the department pursuant to those procedures that the department may establish by regulation pursuant to paragraph (5).
(2) Registrations shall be submitted electronically via the Internet utilizing a public-facing application made available by the department.
(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date the firearm was acquired, the name and address of the individual from whom, or business from which, the firearm was acquired, as well as the registrant's full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver's license number or California identification card number.
(4) The department may charge a fee in an amount of up to fifteen dollars ($15) per person but not to exceed the reasonable processing costs of the department. The fee shall be paid by debit or credit card at the time that the electronic registration is submitted to the department. The fee shall be deposited in the Dealers' Record of Sale Special Account to be used for purposes of this section.
(5) The department shall adopt regulations for the purpose of implementing this subdivision. These regulations are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

[V8MERC124]

(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date the firearm was acquired,
the name and address of the individual from whom, or business from which, the firearm was acquired, as well as the registrant's full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver's license number or California identification card number.

So that looks like an honor system with the date

And I dont know how can one answer the second question if it was home built....I guess it would be your own name?

And the first question asks for a description....register it as a frame/receiver and just put the make, model, cal (multi), and serial number....as there are no other unique things for a frame/receiver, as one should call it.

[Ford8N]

So that looks like an honor system with the date

And I dont know how can one answer the second question if it was home built....I guess it would be your own name?

And the first question asks for a description....register it as a frame/receiver and just put the make, model, cal (multi), and serial number....as there are no other unique things for a frame/receiver, as one should call it.

Yes. I'm still trying to wrap my head around this with 80%'s. This one law could go sideways bigtime. Unintended consequences...

This is what happens when you have Rulers drafting laws about something they know nothing about and listening to the Brady's for advice.

[ReddingShooter]

my question is this....

say you have an 80% receiver ( or ANY legally obtained receiver for that matter) thats ben serialized ( engraved) and includes all of the required information, but has NOT YET been built into an actual rifle. once registered, wouldnt one be able to build it WITHOUT the bullet button?..maybe im missing something, but theres noting ive read that says otherwise. also once its a registered assault weapon, wouldnt one be able to REMOVE the bullet button from the weapon and put in a regular old mag release?..maybe im missing something, but i didnt read anything (maybe i missed it) in the bill that states that after registration that your weapon had to RETAIN the bullet button.....i mean heck, after that you would have a completely registered assault weapon, why would retention of the BB still be required?

like i said, please correct me ( and maybe site the section in the new bill) that covers this....... i will be registering my guns to my son ( he will be of age by regisration date) and want to make sure once i put my receivers together that they are legal for him....

[edgerly779]

WE don't know yet what the labeling requirements will be for a homebuilt 80% firearm that cannot be sold after registration in Ca. Will the fed requirenements apply? Will the state issue its own serial number to be applied to firearm? Can you put simple serial number and name on firearm? To early to panic folks. We will let you know when to panic (LOL_)

[V8MERC124]

The marking requirements from atf already apply if you want to register... 1/16 font and engraved 0.003" deep showing your name, location, model, caliber, and serial number. Registering it as an AW should follow how the pre 2014 unregistered rifles are going to be done (no records of theses technically). The banning of bullet buttons basically defined bullet buttoned rifles as being detachable mag rifles. So a bulletbutton in their eyes equals a standard mag release.

The last bill to get signed is the problem as if it does then we need to figure out who comes up with the markings on the receiver....are we allowed to make it up or do they tell us what to do.
It sounded like you guys were mixing the two pieces of legislation.