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  • mdouglas1980
    Senior Member
    • Jul 2008
    • 871

    DOJ a pain? big surprise

    Not a real big surprise to me or probably anyone who is a member of this forum either lol. Here's my story, so recently I found out that my father had registered his SKS with the doj as an assault weapon. He didn't know that he didn't have to register it if it doesn't have a detachable mag on it( it is a fixed 10 round). So a couple e-mails and phone calls to the DOJ to try to sort this out to no avail of course. I explained to them that it doesn't need to be registered and was wondering about how to get it off "assault weapon" status. They have been very silent thus far... what a pain. Any ideas? forms? similar stories with the wonderful DOJ? lol
  • #2
    Dmitri76
    Member
    • May 2008
    • 231

    Sorry, i don't have the answer on how to "unregister" an AW ... But perhaps its better to build it as an actual AW - with pre ban detachable mags that you had from before the ban ? One can always buy another "regular" SKS, but its impossible to have an AW unless it was registered before .. So maybe its a good thing ?

    Somebody please correct me if i got something wrong here .
    NRA Life Member

    Comment

    • #3
      M1A Rifleman
      Veteran Member
      • Oct 2005
      • 3691

      Last I new there was a way to remove a AW for the list, and I think the information is at the bottom of his registration papers. Regardless, what is the problem with it being on the list even though it NOT and AW?
      The only thing that is worse than an idiot, is someone who argues with one.

      Comment

      • #4
        Cokebottle
        Seņor Member
        CGN Contributor - Lifetime
        • Oct 2009
        • 32373

        Originally posted by Dmitri76
        Sorry, i don't have the answer on how to "unregister" an AW ... But perhaps its better to build it as an actual AW - with pre ban detachable mags that you had from before the ban ? One can always buy another "regular" SKS, but its impossible to have an AW unless it was registered before .. So maybe its a good thing ?

        Somebody please correct me if i got something wrong here .
        RAW cannot be transferred. In the event of the father's death or desire to sell, it can only be transferred to an FFL authorized to receive RAW, for the ultimate purpose of destruction or export to a free state.
        - 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.

        Comment

        • #5
          M1A Rifleman
          Veteran Member
          • Oct 2005
          • 3691

          From BOF's site:

          If I registered my SB 23 assault weapon and now I remove the characteristic(s) that make it an assault weapon, can I cancel the registration?
          Yes. If the defining characteristics establishing a firearm as an SB 23 assault weapon are removed, it is no longer an assault weapon and the registration may be canceled. However, once the registration is canceled, you can never replace the characteristic(s) that make it an assault weapon, or you will be in possession of an illegal weapon.

          THIS APPLIES ONLY TO FIREARMS DEFINED AS ASSAULT WEAPONS BY CHARACTERISTICS (Penal Code section 12276.1, SB 23). THIS DOES NOT APPLY TO ORIGINAL ROBERTI-ROOS ASSAULT WEAPONS OR AK and AR-15 SERIES WEAPONS IN THAT REMOVAL OF THEIR CHARACTERISTICS DOES NOT NEGATE THE REQUIREMENT TO REGISTER THE ASSAULT WEAPON.


          So it sounds like you simple send them a letter of request.
          The only thing that is worse than an idiot, is someone who argues with one.

          Comment

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

            Originally posted by M1A Rifleman
            THIS APPLIES ONLY TO FIREARMS DEFINED AS ASSAULT WEAPONS BY CHARACTERISTICS (Penal Code section 12276.1, SB 23). THIS DOES NOT APPLY TO ORIGINAL ROBERTI-ROOS ASSAULT WEAPONS

            So it sounds like you simple send them a letter of request.
            The SKS w/detachable mag is a listed receiver on the Roberty-Roos Appendix A.
            But if it was mistakenly registered, yes, it should be possible to have the registration backed out of the system.

            Might take a few phone calls.
            - 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.

            Comment

            • #7
              RP1911
              Calguns Addict
              • Sep 2007
              • 5197

              Are you calling 916-263-8100?
              RP1911
              -----------
              NRA Life
              CGN

              Comment

              • #8
                smle-man
                I need a LIFE!!
                • Jan 2007
                • 10582

                It is easily done; on the form to report the sale or transfer of a firearm there is a section for unregistering an assault weapon. The DOJ folks will call you to discuss it and will probably ask for pics of the firearm to be sure that you are not making a mistake since once it is unregistered it can't be re-registered. My dealings with them on this issue were very pleasant.

                Comment

                • #9
                  mdouglas1980
                  Senior Member
                  • Jul 2008
                  • 871

                  Originally posted by RP1911
                  Are you calling 916-263-8100?
                  Yep. that's the number

                  Comment

                  • #10
                    RP1911
                    Calguns Addict
                    • Sep 2007
                    • 5197

                    Ok. Good to know you have the correct number. The lady I dealt with in regards to a no longer in possession form was very helpful.
                    RP1911
                    -----------
                    NRA Life
                    CGN

                    Comment

                    • #11
                      Stormfeather
                      Calguns Addict
                      • Jan 2006
                      • 7739

                      heck, if ya got it registered, you might as well go all the way with it, pistol grip, folding stock, detachable mags. . . the works!
                      Originally posted by Soldier415
                      I am naked except for seatless white chaps, a boonie hat and a tactical vest playing HALO.
                      Originally posted by oaklander
                      I don't like getting my butt kicked, but I would like to have it spanked by some big hairy guys!
                      Originally posted by ohsmily
                      I wouldn't put "mounting a weasel" past too many people on this forum.
                      Originally posted by hoffmang
                      Going after the NFA soon is like asking the girl you just met in the bar if she's into anal sex...
                      -Gene

                      Comment

                      • #12
                        Cokebottle
                        Seņor Member
                        CGN Contributor - Lifetime
                        • Oct 2009
                        • 32373

                        Originally posted by Stormfeather
                        heck, if ya got it registered, you might as well go all the way with it, pistol grip, folding stock, detachable mags. . . the works!
                        It's dad's... if it's RAW, it can't stay in the family when dad's gone.
                        - 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.

                        Comment

                        • #13
                          mdouglas1980
                          Senior Member
                          • Jul 2008
                          • 871

                          Originally posted by Cokebottle
                          It's dad's... if it's RAW, it can't stay in the family when dad's gone.
                          that's kinda why, I don't want the state to take it when the inevitable does happen :-(

                          Comment

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