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Does CA DOJ have a weapons ID flowchart?

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  • IncVoid
    CGN/CGSSA Contributor - Lifetime
    CGN Contributor - Lifetime
    • Jan 2011
    • 470

    Does CA DOJ have a weapons ID flowchart?

    *edit*
    Somebody posted this for me.
    (20) As used in this section, a "rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
    Wonder what case triggered all the made or remade, designed or redesigned.
    /*edit*

    After reading about franklin armorys xo-26 I was thinking.

    I looked online, to see what I can find in 12001 of cpc. leginfo.ca.gov clips the 12001cpc definition.
    I can't find where CA DOJ defines a rifle. Or is that the mischief part?
    There is none, so they construe it in a case by case basis?

    I did see somewhere that even if it has a 16+ inch barrel, but was designed to be interchanged with a <16 inch barrel, it would still be considered a pistol.

    12001. (a) (1) As used in this title, the terms "pistol,"
    "revolver," and "firearm capable of being concealed upon the person"
    shall apply to and include any device designed to be used as a
    weapon, from which is expelled a projectile by the force of any
    explosion, or other form of combustion, and that has a barrel less
    than 16 inches in length. These terms also include any device that
    has a barrel 16 inches or more in length which is designed to be
    interchanged with a barrel less than 16 inches in length.


    Why doesn't this apply to shotguns or rifles? Lots of firearms have after market barrels less than 16inches.

    I don't see anything about overall length. So a legal AR could be considered a pistol? Based on there being Short Barrels for it?

    What if you are building from an 80%? How does DOJ classify your weapon after you build it from an 80%. What is their checklist? Where is this checklist or flowchart of firearms identification?

    Where is CA DOJ's flowchart of firearms identification when there is no manufacturer? Basically an 80% build flowchart.


    In court cases where is the part where they say "this is a shotgun because of " and list the definitions? or this is a pistol because of barrel length or whatever characteristics. Do they call a doj rep as a witness and they just trust that he/she knows what they are talking about?

    Does CA DOJ have a lawyer that wades through penal codes and defines things based on them? I suppose that is why lawyers make the big bucks, turn penal codes into identification flowcharts. Legal debuggers

    Wish doj had a form on the website to check boxes and it would spit out whether you have a pistol, firearm, rifle, shotgun, aw status. this that..other. etc.


    How does the bill that proposes requiring long guns to be registered affect weapons identification in California?
    Will making your own from an 80% require registration?
    What would the registration instructions be?

    Pulling this from DOJ faq.
    How do I know if my firearms need to be registered?
    There is no firearm registration requirement in California except for assault weapon owners and personal handgun importers. However, you may submit a Firearm Ownership Record to the DOJ for any firearm you own. Having a Firearm Ownership Record on file with the DOJ may help in the return of your firearm if it is lost or stolen. With very few and specific exceptions, all firearm transactions must be conducted through a firearms dealer.

    importers? That implies that the handgun I bought in california, from my local gunshop, isn't registered to me? I thought it was automatically at time of purchase.

    When do they take comments on a bill before or after it passes? Blah...I know this is all over the place but any help would be great.

    It'd be nice if DOJ had a "homework hotline" But I have read to be weary of contacting DOJ.
    Last edited by IncVoid; 04-24-2011, 7:03 AM.
    __________
    Now happy with my muzzelite ruger 10/22 bullpup stock.
  • #2
    bwiese
    I need a LIFE!!
    • Oct 2005
    • 27622

    I would not be surprised to see - and government takes its own pace, so it won't run any risk of being rushed - enhanced, far more correct, AW information from DOJ.

    Senior leadership at DOJ BoF realizes there's a problem.

    The Calguns AW Flowchart is being used - albeit informally given its non-legal status - by numerous police, DA, sheriff and other LE agencies. Everytime CGF (or its lawyer) has had a 'transaction' with a DA over an OLL matter, such contact results in distribution of the handy-dandy flowchart.

    Bill Wiese
    San Jose, CA

    CGF Board Member / NRA Benefactor Life Member / CRPA life member
    sigpic
    No postings of mine here, unless otherwise specifically noted, are
    to be construed as formal or informal positions of the Calguns.Net
    ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
    employer. No posts of mine on Calguns are to be construed as
    legal advice, which can only be given by a lawyer.

    Comment

    • #3
      Librarian
      Admin and Poltergeist
      CGN Contributor - Lifetime
      • Oct 2005
      • 44697

      Originally posted by IncVoid
      When do they take comments on a bill before or after it passes? Blah...I know this is all over the place but any help would be great.

      It'd be nice if DOJ had a "homework hotline" But I have read to be weary of contacting DOJ.
      Bill comments are usually taken after a bill is introduced; you may find these threads useful to you:
      Beginners guide to reading bills
      Index of bills submitted

      If it happens you know a legislator or one of the senior staff., you could actually have input on a bill before it is introduced; I'm told that even those folks have friends ...
      ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

      Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

      Comment

      • #4
        mossy
        Calguns Addict
        • Dec 2007
        • 7469

        yes they do, all the guns are marked AK-47 and hi cap clips lol
        best troll thread in calguns history
        http://www.calguns.net/calgunforum/s...d.php?t=406739



        burn the circus down cuz the world is full of clowns

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