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Preban AK-47 Question

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  • scooter
    Junior Member
    • May 2008
    • 15

    Preban AK-47 Question

    Hey Guys,

    New to the forum. Amazing site. Anyways...When I was 10 years old I was given an AK-47 for x-mas by my moms boyfriend at the time who is a policeman. Obviously this was a pre-ban (prior to 94) rifle. My mom and him broke up about 6 months later and was scared to death of the rifle so she decided to sell it to a neighbor who we are still friends with. Now 13 years later I of course want it back. My mom doesn't remember signing over the rifle at an FFL but when I asked my neighbor if I could buy it back from him he said he registered it in his own name and he wouldn't be able to transfer it to me. I think he just doesn't want to give it up.

    First of all, is this true given the pre-ban status of the rifle? If not what if i were to put a maglock on the rifle to make it cal legal like you can with the AR-15's? Then could he legally transfer it back to me through an FFL?

    Any advice would be greatly appreciated.

    Thank you,

    Scott
    Last edited by scooter; 05-06-2009, 3:16 AM.
  • #2
    bluestaterebel
    Veteran Member
    • Feb 2006
    • 3052

    Originally posted by scooter
    Hey Guys,

    New to the forum. Amazing site. Anyways...When I was 10 years old I was given an AK-47 for x-mas by my moms boyfriend at the time who is a policeman. Obviously this was a pre-ban (prior to 94) rifle. My mom and him broke up about 6 months later and was scared to death of the rifle so she decided to sell it to a neighbor who we are still friends with. Now 13 years later I of course want it back. My mom doesn't remember signing over the rifle at an FFL but when I asked my neighbor if I could buy it back from him he said he registered it in his own name and he wouldn't be able to transfer it to me. I think he just doesn't want to give it up.

    First of all, is this true given the pre-ban status of the rifle? If not what if i were to put a maglock on the rifle to make it cal legal like you can with the AR-15's? Then could he legally transfer it back to me through an FFL?

    Any advice would be greatly appreciated.

    Thank you,

    Scott
    Took you a whole year to post huh?

    it sounds like you neighbor is correct. dont confuse the federal ban, pre or post, with a California Assualt Weapon. Th Ak is most certainly a Ca AW, so your neighbor probably registered it as such and as i understand it, once you register it you are not allowed to sell or transfer it, unless you sell to a Ca AW dealer or maybe out of state.

    sorry bud, gotta love California!
    Originally posted by 11Z50
    Since your myopic view is in concurrence with your cognizant lifespan on this planet, obviously less than 20 years, I will grant you a dispensation.

    Figure that out and exercise your mind.....

    Comment

    • #3
      bluestaterebel
      Veteran Member
      • Feb 2006
      • 3052

      putting a magazine lock will not allow you to purchase a registered assualt weapon.
      Originally posted by 11Z50
      Since your myopic view is in concurrence with your cognizant lifespan on this planet, obviously less than 20 years, I will grant you a dispensation.

      Figure that out and exercise your mind.....

      Comment

      • #4
        JDay
        I need a LIFE!!
        • Nov 2008
        • 19393

        Its a registered assault weapon, it is not transferable. What brand/model is it btw? You could always try to get your mom to replace it with a CA compliant AK clone.
        Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison

        The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850)

        Comment

        • #5
          bluestaterebel
          Veteran Member
          • Feb 2006
          • 3052

          Originally posted by JDay
          Its a registered assault weapon, it is not transferable. What brand/model is it btw? You could always try to get your mom to replace it with a CA compliant AK clone.
          thats right the receiver is the part that is registered. you can just replace it with a$60 receiver like an nds. put a lockon it and u would be good to go.
          Originally posted by 11Z50
          Since your myopic view is in concurrence with your cognizant lifespan on this planet, obviously less than 20 years, I will grant you a dispensation.

          Figure that out and exercise your mind.....

          Comment

          • #6
            colossians323
            Crusader for the truth!
            CGN Contributor - Lifetime
            • Oct 2005
            • 21637

            Originally posted by bluestaterebel
            Th Ak is most certainly a Ca AW,
            How do you come to this conclusion?
            There are several brands that could have been bought that were not listed, and could have had the pistol grip simply removed to make legal, before or after the ban?????
            LIVE FREE OR DIE!

            M. Sage's I have a dream speech;

            Originally posted by M. Sage
            I dream about the day that the average would-be rapist is afraid to approach a woman who's walking alone at night. I dream of the day when two punks talk each other out of sticking up a liquor store because it's too damn risky.

            Comment

            • #7
              JDay
              I need a LIFE!!
              • Nov 2008
              • 19393

              Originally posted by colossians323
              How do you come to this conclusion?
              There are several brands that could have been bought that were not listed, and could have had the pistol grip simply removed to make legal, before or after the ban?????
              The fact that it was registered as one makes it an AW in CA.
              Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison

              The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850)

              Comment

              • #8
                scooter
                Junior Member
                • May 2008
                • 15

                my mom doesn't remember actually transferring it through an FFL. If she never transfered it is it possible for the neighbor to register it in his name still? Or is there a way to find out?

                Comment

                • #9
                  Dirtbiker
                  Veteran Member
                  • Dec 2007
                  • 2810

                  Ask the current owner nicely and he may show you the DOJ AW Registration letter he would have received.
                  To compel a man to subsidize with his taxes the propagation of ideas which he disbelieves and abhors is sinful and tyrannical.

                  Thomas Jefferson

                  Comment

                  • #10
                    cactus
                    Senior Member
                    • Feb 2007
                    • 1556

                    I think you may be missing the point. Your neighbor probably registered it with California as an Assault weapon in his name. Droes has nothing to do with that.

                    Comment

                    • #11
                      tlillard23
                      Senior Member
                      • Jan 2006
                      • 1446

                      Originally posted by cactus
                      I think you may be missing the point. Your neighbor probably registered it with California as an Assault weapon in his name. Droes has nothing to do with that.
                      DROS = FFL in this situation.
                      registering as an AW was not through FFL's, you had to send paperwork to the state of CA. No DROS or FFL involved, your mom would not have been invloved ether.

                      Comment

                      • #12
                        scooter
                        Junior Member
                        • May 2008
                        • 15

                        Originally posted by cactus
                        I think you may be missing the point. Your neighbor probably registered it with California as an Assault weapon in his name. Droes has nothing to do with that.
                        No, I got the point and yes I know its completely different. My question is: Is it possible to register someone else's weapon with the DOJ as an AW in the event my mother DIDNT transfer the rifle into his name through an FFL first?

                        ex. I find an AK-47 in a back alley in 1994 or whatever prior to any such bans. I hold onto this weapon which is registered to someone I do not know. I contact the DOJ wishing to register my found rifle which is not in my name as an assault weapon. Wouldn't the rifle have to be in my name to begin with? Dont they cross reference?

                        -S

                        Comment

                        • #13
                          colossians323
                          Crusader for the truth!
                          CGN Contributor - Lifetime
                          • Oct 2005
                          • 21637

                          Originally posted by JDay
                          The fact that it was registered as one makes it an AW in CA.
                          Lots of people erroneously thought they registered just by using a ffl, I doubt it was registered.
                          LIVE FREE OR DIE!

                          M. Sage's I have a dream speech;

                          Originally posted by M. Sage
                          I dream about the day that the average would-be rapist is afraid to approach a woman who's walking alone at night. I dream of the day when two punks talk each other out of sticking up a liquor store because it's too damn risky.

                          Comment

                          • #14
                            scooter
                            Junior Member
                            • May 2008
                            • 15

                            so if it wasn't registered with the DOJ as an AW, I can ask my neighbor to configure the weapon to CA legal standards and then try my hardest to find an FFL to transfer the weapon to me?

                            Comment

                            • #15
                              SR-60
                              Member
                              • Jun 2006
                              • 147

                              Is the AK in question listed by the CA DOJ as an assault weapon? Check the "CA AW ID Flowchart" (link near the top of the web page) and see if it is listed in appendix A or C. If it's listed, then it probably would be better to find an off-list AK and purchase it.

                              Comment

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