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Isn't this really illegal?

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  • AK all day
    Veteran Member
    • Mar 2012
    • 2977

    Isn't this really illegal?

    Nice gun, but is this not illegal?

    "The purpose of living is to find something worth dying for"
  • #2
    ClarenceBoddicker
    Veteran Member
    • Nov 2008
    • 2783

    Not illegal if you used a fixed 10 round mag & make sure it's OAL is OK. It's most likely a fake.

    Comment

    • #3
      paul0660
      In Memoriam
      • Jul 2007
      • 15669

      You mean against Craiglist rules, yes, but it happens all the time. They get pulled, and relisted.
      *REMOVE THIS PART BEFORE POSTING*

      Comment

      • #4
        AK all day
        Veteran Member
        • Mar 2012
        • 2977

        Well there is no locking device and the stock folds, It doesn't look 30" to me....
        "The purpose of living is to find something worth dying for"

        Comment

        • #5
          21SF
          Veteran Member
          • Oct 2010
          • 3491

          Its probably C&R lol
          SA TRP Half rail, Glock 21SF, Spikes St-15, Ruger Alaskan .44, Saiga 7.62, GSSF Member
          Diablo Rod & Gun Club
          Originally posted by keenkeen
          "What you've just posted is one of the most insanely idiotic things I have ever read. At no point in your rambling, incoherent post were you even close to anything that could be considered a rational thought. Everyone in this forum is now dumber for having read it. I award you no points, and may God have mercy on your soul."

          Comment

          • #6
            5thgen4runner
            Veteran Member
            • Mar 2011
            • 3514

            It's prob a cop, or sting.

            Comment

            • #7
              AK all day
              Veteran Member
              • Mar 2012
              • 2977

              He claims this:

              "Its pre 1950's made in early 40's. There is a mag release button. The rifle is %100 legal and in mint condition."

              " I was givin the rifle as a gift from my grandfather so being that its pre 1950's it is exempted from having any paperwork or licensing. Its basicly a historical rifle fully functional of course."
              "The purpose of living is to find something worth dying for"

              Comment

              • #8
                The Gleam
                I need a LIFE!!
                • Feb 2011
                • 12903

                Isn't C&R exempt from California's AW ban? I thought that was the whole conundrum CA anti-2nd Amendment politicos are facing once early semi-auto-only SKSs, ARs and AKs come of age to be considered C&R in a few more years (so long as they were semi-autos from point of manufacture).
                Last edited by The Gleam; 10-15-2012, 3:17 PM.
                -----------------------------------------------
                Originally posted by Librarian
                What compelling interest has any level of government in knowing what guns are owned by civilians? (Those owned by government should be inventoried and tracked, for exactly the same reasons computers and desks and chairs are tracked: responsible care of public property.)

                If some level of government had that information, what would they do with it? How would having that info benefit public safety? How would it benefit law enforcement?

                Comment

                • #9
                  2shotjoe
                  CGN/CGSSA Contributor
                  CGN Contributor
                  • Feb 2011
                  • 26613

                  Don't have one, can't tell if its 30" oal folded.

                  Sent from my DROID RAZR using Tapatalk 2
                  Originally posted by Kestryll
                  ..you're kind of a sad excuse for an attorney...
                  Originally posted by Libertarian777
                  ...Don't pick either side....

                  Comment

                  • #10
                    dieselpower
                    Banned
                    • Jan 2009
                    • 11471

                    Originally posted by The Gleam
                    Isn't C&R exempt from California's AW ban? I thought that was the whole conundrum CA anti-2nd Amendment politicos are facing once early semi-auto-only SKSs, ARs and AKs come of age to be considered C&R in a few more years (so long as they were semi-autos from point of manufacture).

                    No C&R are not exempt. They have to be 100+ years old to be exempt...I think 1899 is the manufactured year to be exempt.

                    Comment

                    • #11
                      2shotjoe
                      CGN/CGSSA Contributor
                      CGN Contributor
                      • Feb 2011
                      • 26613

                      Originally posted by bloodhawke83
                      Don't have one, can't tell if its 30" oal folded. I'm guessing no, standard is 35.6" oal??

                      Sent from my DROID RAZR using Tapatalk 2


                      Sent from my DROID RAZR using Tapatalk 2
                      Originally posted by Kestryll
                      ..you're kind of a sad excuse for an attorney...
                      Originally posted by Libertarian777
                      ...Don't pick either side....

                      Comment

                      • #12
                        CK_32
                        I need a LIFE!!
                        • Sep 2010
                        • 14369

                        Ohh Craigslist.. The mecca of "rare" "one of a kind" "custom" items..
                        For Sale: AR500 Lvl III+ ASC Armor

                        What's Your Caliber??


                        My Youtube channel

                        Comment

                        • #13
                          Agustav
                          Senior Member
                          • Aug 2008
                          • 1172

                          Never knew that M1 carbine ever comes with muzzle brake.

                          I think M3 did comes with flash hider. However if it's a M3, we got more serious issue then OAL...

                          Comment

                          • #14
                            ClarenceBoddicker
                            Veteran Member
                            • Nov 2008
                            • 2783

                            Originally posted by Dillon Jury
                            He claims this:

                            "Its pre 1950's made in early 40's. There is a mag release button. The rifle is %100 legal and in mint condition."

                            " I was givin the rifle as a gift from my grandfather so being that its pre 1950's it is exempted from having any paperwork or licensing. Its basicly a historical rifle fully functional of course."
                            The seller is full of BS. USGi Carbines were not surplussed to US citizens until the 1960s according to everyone I talked to. Not all carbines are C&R as many commercial ones were made, like Ivor Johnson. In that configuration it's an unregistered AW in CA. Ask him about the magazines it comes with. I doubt he has legal 5 & 10 round mags with it. He probably has the WWII 15 rounders & the Korean war 30 rounders. Both would be illegal for you to get from him if assembled.

                            I forgot to mention be careful if the receiver is marked M-2. ATF has ruled & the courts have upheld that all M-2 marked carbine receivers are machine guns under Federal law even without any of the full auto trigger pack parts installed. ATF can get away with this due to their once a machine gun always a machine gun policy that has been mostly upheld by the courts. There is no difference between an M-1 & M-2 carbine receiver other then the markings.

                            AFAIK even pre 1899 antiques are not exempt from CA's SB-23.

                            Comment

                            • #15
                              Quiet
                              retired Goon
                              • Mar 2007
                              • 30242

                              Originally posted by Dillon Jury
                              Yes, it is illegal.

                              The M-1 Carbine described in the ad = assault weapon.
                              Violates PC 30515(a)(1)(A), 30515(a)(1)(C), 30515(a)(1)(E) and 30515(a)(3).

                              There is no C&R exemption to CA's assault weapons laws.

                              Inland (GM) was the only manufacturer of the "paratrooper" M-1A1 Carbine. They were all made with the side folding stock.

                              Under folding stock = aftermarket.

                              In 1966, Cadmus Industries sold National Ordinance (aftermarket/USGI parts kit) M-1 Carbines with an under folding stock.
                              So, the M-1 Carbine being sold in that ad is also not a C&R.

                              Originally posted by ClarenceBoddicker
                              AFAIK even pre 1899 antiques are not exempt from CA's SB-23.
                              FYI. See parts in bold.

                              Penal Code 30515
                              (a) Notwithstanding Section 30510, "assault weapon" also means any of the following:
                              (1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
                              (A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
                              (B) A thumbhole stock.
                              (C) A folding or telescoping stock.
                              (D) A grenade launcher or flare launcher.
                              (E) A flash suppressor.
                              (F) A forward pistol grip.
                              (2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
                              (3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
                              (4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
                              (A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
                              (B) A second handgrip.
                              (C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer's hand, except a slide that encloses the barrel.
                              (D) The capacity to accept a detachable magazine at some location outside of the pistol grip.
                              (5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
                              (6) A semiautomatic shotgun that has both of the following:
                              (A) A folding or telescoping stock.
                              (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
                              (7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
                              (8) Any shotgun with a revolving cylinder.
                              (c) "Assault weapon" does not include either of the following:
                              (1) Any antique firearm.

                              Penal Code 16170
                              (a) As used in Sections 30515 and 30530, "antique firearm" means any firearm manufactured before January 1, 1899.
                              Last edited by Quiet; 10-15-2012, 5:52 PM.
                              sigpic

                              "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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