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So lets say I take a Mosin (any ol' Mosin) and plug the barrel (front and back), drill holes in the receiver, grind down the firing pin and do whatever else should be done to make the rifle deactivated or inoperable. Is the rifle in question still a "firearm" under 12001 or other codes?
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Looking through the code, I can't seem to find any exemptions or anything. Anyone else with some good ideas? -
OK, here is what I came up with
2550. As used in this article, the following definitions apply:
(a) "BB device" is defined in subdivision (g) of Section 12001.
(b) "Firearm" is defined in subdivision (b) of Section 12001.
(c) "Imitation firearm" means any BB device, toy gun, replica of a
firearm, or other device that is so substantially similar in
coloration and overall appearance to an existing firearm as to lead a
reasonable person to perceive that the device is a firearm.
And here is the reason...
12555. (a) Any person who, for commercial purposes, purchases,
sells, manufactures, ships, transports, distributes, or receives, by
mail order or in any other manner, an imitation firearm except as
authorized by this section shall be liable for a civil fine in an
action brought by the city attorney or the district attorney of not
more than ten thousand dollars ($10,000) for each violation.
(b) The manufacture, purchase, sale, shipping, transport,
distribution, or receipt, by mail or in any other manner, of
imitation firearms is authorized if the device is manufactured,
purchased, sold, shipped, transported, distributed, or received for
any of the following purposes:
(1) Solely for export in interstate or foreign commerce.
(2) Solely for lawful use in theatrical productions, including
motion picture, television, and stage productions.
(3) For use in a certified or regulated sporting event or
competition.
(4) For use in military or civil defense activities, or ceremonial
activities.
(5) For public displays authorized by public or private schools.
Whaddya guys think?Comment
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Paint the tip of the barrel orange? Is that enough to avoid the "imitation firearm" clause?Originally posted by luchador768Comment
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I don't think there is good Calif law on this issue. Federal law would probably trump any Calif law anyway.
The feds say for the receiver of a firearm to be considered "demilled" and no longer a "firearm". It needs to be cut in at least three pieces with the cuts removing at least 1/4" of material with each cut. (torched). Drilling holes and plugging the barrel will not cut it.
sorry.Last edited by SVT-40; 01-05-2010, 11:33 PM.Poke'm with a stick!
Originally posted by fiddletownComment
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What about drill rifles like the ones used in ROTC at highschools? They have the barrels plugged with a rod and weld and seem to be non-firearm enough to be allowed on school grounds.Comment
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