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  • #46
    Merc1138
    I need a LIFE!!
    • Feb 2009
    • 19742

    Then do you understand how there are different circumstances for some people? If so, there shouldn't be an issue. That block has to reference the PC because it is referring to what is basically an exemption.

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    • #47
      ke6guj
      Moderator
      CGN Contributor - Lifetime
      • Nov 2003
      • 23725

      Originally posted by winnre
      #5 is pretty good as is, as it only addresses an AOW not SBS. An AOW requires a $5 tax stamp. The SBS needs a $200 tax stamp. So maybe #5 can say "Has the proper NFA tax stamp been received for the firearm?" I think asking if the firearm meets the definition of an AOW is moot, it would not receive the tax stamp otherwise.
      but the reason for #5 is only for AOW, not for SBS/SBR. If you can answer #5 with a YES, then, you get to use the AOW exemption to skip 6-9. As an registered SBS/SBR, you don't get to skip those questions via the AOW exemption.

      remember that even with an SBS/SBR tax stamp, it can still violate CA law, so you still need to ask 6-7 even if you have the tax stamp. They have to determine if they fall under one of the exemptions in 12020(b) and 27CFR479.

      But let's say that #5 is ONLY for AOW so I would say NO to this one since an SBS is not an AOW. For #6 we say yes and we get a bright yellow VIOLATES box. But THEN we get the SBS box and are good to go after that, however the box asking if the SBS is properly registered makes no mention about the $200 tax stamp which is required. Mentioning the stamp will help a great deal considering most folks keep a copy of the papers with the firearm.
      As for the VIOLATES box, it refers to the PC codes on the next page. It's not as smooth flowing as the rest of the chart.
      Or maybe we need a flowchart for AOW/SBS/SBR firearms too?
      #6 is worded that way because there are multiple ways that someone could legally possess an SBS or SBR. It could be a C&R SBS/SBR where you would only need a Form 4 for. It could be an C&R SBS/SBR that is exempt from the NFA and no tax stamp or Form 4 is needed for. Or, it could be a modern SBS/SBR that the person was lucky enough to have a CADOJ DW permit for.

      Because of the multitude of exemptions, I just say that it is illegal if you don't fall under one of the exemptions, and then list the code section for you to look up the exmeptions. There are a lot of exemptions in this flowchart, and I could not list every single one of them. As it is, it is 4 pages of info, and the people handing them out at the gunshows want it cut down to 2 pages (1 page front to back) and I don't fee that it can be properly done and still cover the law sufficiently.
      Jack



      Do you want an AOW or C&R SBS/SBR in CA?

      No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

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      • #48
        winnre
        Calguns Addict
        • Apr 2010
        • 9214

        I agree Jack. The info IS there it is just not easy to grasp without a lot of back and forth flipping and remembering. At least not as easy as going right through the chart in one fell swoop. Think of handing this to a LEO, if it isn't crystal clear to him then the gun owner better not have plans for the next few hours!
        "If Jesus had a gun he would be alive today"-Homer Simpson

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