Standard capacity mag question

[Cloe]

My son in California has an AR which was leagaly registerd 2 years ago. He purchased some 30 rd magpul during the 1 week Grace period last month , his gun is the bullet button model sold from turners a few years back , I know the mags are legal to own but can he use them in his Bullet Button gun I've been hearing the mags are only allowed in featureless ARs I moved to South Carolina a couple years ago so I'm not Savvy to all the info right now

[tonyxcom]

If it was registered as an assault weapon (he sent in pictures) then yes, the consensus is he can use those magazines.

[edgerly779]

SINCE YOU POSTED HE BOUGHT IT 2 YEARS AGO MUST BE FEATURELESS IF HE DID NOT REGISTER AS AW. NOW A DEFACTO AW AND A FELONY FOR HIM IF HE DID NOT REGISTER. HE SHOULD BE SAVVY TO THE LAWS ..

[beanz2]

My son in California has an AR which was leagaly registerd 2 years ago. He purchased some 30 rd magpul during the 1 week Grace period last month , his gun is the bullet button model sold from turners a few years back , I know the mags are legal to own but can he use them in his Bullet Button gun I've been hearing the mags are only allowed in featureless ARs I moved to South Carolina a couple years ago so I'm not Savvy to all the info right now

[ar15barrels]

My son in California has an AR which was leagaly registerd 2 years ago. He purchased some 30 rd magpul during the 1 week Grace period last month , his gun is the bullet button model sold from turners a few years back , I know the mags are legal to own but can he use them in his Bullet Button gun I've been hearing the mags are only allowed in featureless ARs I moved to South Carolina a couple years ago so I'm not Savvy to all the info right now

Any capacity magazine can be used in a registered assault weapon.
If he purchased the rifle before 2017 and then registered his during the 2017 to 2018 registry window, he can use his newly acquired standard capacity magazines in his assault weapon.

If he simply purchased his rifle 2 years ago and it was registered to him through the DROS process from the federal firearms dealer but did NOT separately register as an assault weapon then it is NOT a registered assault weapon and his bullet button no longer makes the rifle compliant AND the gun is currently illegal AND he can not use standard capacity magazines in it.

So, the devil is in the details...

[Cloe]

Thanks everyone he registered his AR as well as his baretta c4 carbine , pictures, paperwork etc 2 years ago I'll let him know. Thanks again!

[kemasa]

Define registered. Many people think that buying the firearm from a dealer and submitting the DROS is registering, it isn't when it comes to so-called a-salt weapons.

As said, if he bought it two years ago with a bullet button, he needed to register it last year as a so-called a-salt weapon if it has features and a bullet button. If not, it is illegal.

[Cloe]

It was registered directly with the doj he actually has paperwork for it and received paperwork back from them verifying it as so this is not just the registration when he bought it at the gun store

[BrokerB]

2 years ago there was not a "BB/RAW registration" for BB rifles currently being used today. I surely did not know there was. He would of had to "re-register" in 2018 if he wanted to continue to use as BB.

Im not a lawyer and I stayed at a Holiday in maybe 15 years ago.

[ar15barrels]

2 years ago there was not a "BB/RAW registration" for BB rifles currently being used today. I surely did not know there was. He would of had to "re-register" in 2018 if he wanted to continue to use as BB.

AW registration opened in 2017 and closed in 2018 for Bullet Button AWs.
Lots of people would consider 2017 to have been 2 years ago, even if it was only 1.5 years ago because 2 is the next number in the sequence after 1.

[Quiet]

CFARS started accepting assault weapons registration applications on 08-03-2017 and stopped accepting assault weapons registration applications on 07-01-2018.

[God Bless America]

If it was registered as an assault weapon (he sent in pictures) then yes, the consensus is he can use those magazines.

I don't think that is "the consensus." It is some peoples' opinion, and you all may end up being right, but I am not so sure.

OP, I would not and do not use hicap mags in my BBAWs. The legislature never intended that to be done.

YES the law was poorly written, but "poorly written" in our opinion is little if any protection against prosecution.

It is up to you to decide your tolerance for risk. Mine is low.

You can always ask those lawyers who give legal advice here on CG for their black-and-white opinion on the matter. Michel and Associates come to mind. There are a couple more.

Ask them to put their name on the advice.

Keep us posted.

[tenemae]

I don't think that is "the consensus."

Agreed. Further- DoJ doesn't care what the consensus of Calgunners thinks. But to estimate risk, the OP needs to know the argument for and against.

PRO:
1) If it is registered as an "assault weapon", you can't make it "assultier". It's still an assault weapon.
2) The prohibition on round capacity as it refers to a rifle is that a "fixed mag" rifle cannot contain more than 10 rounds. Ca has defined a BB rifle as not being fixed mag. so a BBRAW with a LCM is good to go. This is why it's ok to use LCMs in featureless rifles. Removing features allows one to have a "not fixed mag" rifle without it being an AW. No fixed mag, no round prohibition.

CON:
1) The DoJ has asserted that a BBRAW's release mechanism cannot be altered after being registered. I.e, you cannot remove the bullet button from a registered bullet button rifle. It somehow becomes "unregistered" by doing so. This seems to indicate that the DoJ believes there is more than one class of RAW in california. This counters PRO argument 1). Perhaps it can be "assultier"?
2) LEOs may be operating under the status quo and not appreciate or be aware of the fact that bullet buttons are no longer fixed mag. If so, you can be hassled, lose your property, and potentially need a lawyer

Decide your level of comfort and act accordingly.

[ar15barrels]

I don't think that is "the consensus."

There's no consensus required because there's not even a QUESTION that standard capacity magazines are legal in all registered assault weapons.
To think otherwise would require making up laws or regulations that simply don't exist.
If you think they might be illegal, simply post the PC that would make them so.

Do you think it's illegal to shorten a registered assault weapon so that it is between 26" and 30" overall length?

[ar15barrels]

1) The DoJ has asserted that a BBRAW's release mechanism cannot be altered after being registered. I.e, you cannot remove the bullet button from a registered bullet button rifle. It somehow becomes "unregistered" by doing so. This seems to indicate that the DoJ believes there is more than one class of RAW in California.

Yet there was no such law passed that creates separate classes of AW's with separate rules.

The DOJ wrote in the regulations to keep the bullet buttons ON the newly registered AW's primarily because so many Calgunners posting that they were looking forward to removing them from newly registered AW's.
Had there not been years worth of people posting about that, we would not have that regulation.

The bright side of DOJ's illegal regulation is that it's not supported by law and will be low hanging fruit to get invalidated in court.
ALL AW's follow the same rules.
The illegal regulations create a mismatch between the earlier registered AW's from 1990 and 2001 and the recently 2017-2018 AW registrations.
If there's one thing that courts love to overturn, it's unequal protections in the law.