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DOJ CLARIFICATION

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  • #31
    Red_5
    Member
    • Nov 2006
    • 122

    Email en route.

    Thank you.
    "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." -Ben Franklin

    CRPA Member
    NRA Life member
    sigpic

    Comment

    • #32
      MonsterMan
      CGN/CGSSA Contributor - Lifetime
      CGN Contributor - Lifetime
      • May 2006
      • 1526

      MonsterMan Grip Opinion attempts

      Do you guys want to know my attempts to get an "opinion" for my grip from CA DOJ BOF? It has been an ongoing process since May of 2006. A year and a half of trying and still no cooperation or answer!

      1st attempt:
      Sent a picture of grip on rifle to Ignatius Chin and spoke with him for about 1/2 hour talking about it and various other things. He told me it was a "protruding grip". I replied that it did not allow for a "pistol style grasp" and it was not a "pistol grip". He then just told me "it was up to the 58 DA's to decide".

      2nd attempt:
      I contacted TMLLP and they helped me put a letter together requesting that the DOJ give clarification on this matter. The DOJ's response was "we no longer give "individuals" opinion letters and we now only deal with Manufacturers and Law Enforcement".

      3rd attempt:
      After a lot of working the phones (and the help of TMLLP) I got a major Manufacturer to build a CA compliant rifle with the MMG on it and send it in to the CA DOJ. But before they could send it, the DOJ told them that they no longer give opinions to Manufacturers. The DOJ told them that they were now going to put together a "brochure" and outline what is and is not legal in the state and that the Manufacturers would simply have to refer to that "brochure" and they would not have to submit the rifle to the DOJ for clarification as to whether the gun in question was CA legal or not. Needless to say, I lost the cooperation of that Manufacturer.

      4th attempt:
      I called the Los Angeles District attorneys office and spoke with an investigator there for quite a while and he told me that I would have to ask the DOJ about the legalities of the grip. I told him the story about my attempts to get them to give an opinion on my product and he said he couldn't help me.


      5th attempt:
      This is an ongoing attempt. I have called on my own many times throughout this time and asked DOJ about my grip and they act like they have never had the opportunity to review the grip and give a clarification on it. I ask if they know about it and they reply that they do, but they can't comment on its legality. They just say that their department has not approved any off-list devices. I ask if they plan on reviewing it and they say "NO"! It's funny, early on their was some phone staffers there that were recommending my grip because of there push of the "fixed mag" Memo that was out. But now it has switched to a firm "we have not approved anything" and thats it.


      So yeah, I have had some experiences trying to get the DOJ to give clarification on these issues. They will not cooperate. It's not like they have not had the opportunity to give their opinion.

      I know I don't need their permission to sell my product. I know it is legal. The only reasons I want to give their opinion is to rest the minds of the gun owner who has purchased my product and the gun owner who is on the fence about the issue. Also, it would save a lot of grief if for some reason a uninformed LEO makes a wrongful arrest because he saw a "Black Rifle" in someones possession.

      Here is the letter that was sent to the DOJ asking for clarification on the MMG. It was never answered.


      Again, I want to thank TMLLP for all of their help and guidance. They are really great guys.

      Clinton
      MonsterMan Grips
      "Hokey religions and ancient weapons are no match for a good blaster at your side, kid." -Han Solo

      Comment

      • #33
        shark92651
        Vendor/Retailer
        • Oct 2006
        • 5431

        Does anybody have a copy of Evan's "approval letter" for his welded magwell on-list rifles? I'd like to see that. I have also decided to start a DOJ letter writing campaign myself, although from what Clinton has shown above it seems that it will be less than satisfying. I'll do it anyway.
        sigpic
        www.riflegear.com

        Comment

        • #34
          MonsterMan
          CGN/CGSSA Contributor - Lifetime
          CGN Contributor - Lifetime
          • May 2006
          • 1526

          Here is the Letter that Evans Gunsmithing received from Iggy at the DOJ.

          Hope it helps you.
          "Hokey religions and ancient weapons are no match for a good blaster at your side, kid." -Han Solo

          Comment

          • #35
            shark92651
            Vendor/Retailer
            • Oct 2006
            • 5431

            Thanks. Man, what a bunch of gobbledegook in that approval letter. I just looked all through the Assault Weapons Identification guide and I can't find mention of a "Stoner X-15 series" rifle anywhere
            sigpic
            www.riflegear.com

            Comment

            • #36
              Ford8N
              Banned
              • Sep 2002
              • 6129

              I think the DOJ does not want to give opinions now. AM gave her opinion about OLL's and it opened the flood gates. So this is a good thing to ask them. Everyone should be writing the DOJ for their opinions. Send it certified mail followed up with a fax and phone call. If you can afford it, on a Law firms letter head.

              After all, they are government employees and work for the tax payer, right?

              Comment

              • #37
                Crazed_SS
                Veteran Member
                • Dec 2005
                • 4114

                Originally posted by shark92651
                Thanks. Man, what a bunch of gobbledegook in that approval letter. I just looked all through the Assault Weapons Identification guide and I can't find mention of a "Stoner X-15 series" rifle anywhere
                I mentioned this earlier, but it seems the DOJ is still hung up on the whole "series" thing.

                Here's a letter a guy wrote a year ago asking about a Saiga..


                Dear Mr. Chow,

                Your request for information has been received and reviewed. All "AK
                series" weapons are banned in California regardless on make and model.
                Please do not hesitate to contact the Firearms Division at (916)
                263-4887 if you have any further questions or concerns.

                Sincerely,

                Nate Barrell, Analyst
                Firearms Division

                >>> Sally Carney 09/13/06 2:14 PM >>>


                >>> <manwah@gmail.com> 6/29/2006 8:06 PM >>>
                Below is the result of your feedback form. It was submitted by
                (manwah@gmail.com) on Friday, June 30, 2006 at 03:06:16
                ---------------------------------------------------------------------------
                Name: Kevin Chow
                Telephone:
                feedback: Department of the Attorney General:

                I am considering the purchase of a European American Armory Saiga
                7.62x39mm rifle but would first like to ensure that it is legal for me
                to do so as a resident of the state of California.

                The rifle in question:

                EAA European American Armory Corp.
                402 Richard Road
                Rockledge, FL. 32955

                Make: Saiga 16.5" Barrel, Sporting Rifle
                Caliber: 7.62x39mm
                Pistol Grip: NO. Hunting stock only.
                Bayonet Lug: NO.
                Detachable Magazine: YES, 10RND.
                Flash Suppressor: NO.
                Threaded Barrel: NO.
                Action: Semi-automatic, gas-piston

                The Saiga rifle in question was manufactured by Izmash and imported
                through EAA Corp. It is NOT imported by Kalashnikov USA, and therefore
                is not listed under the Roberti-Roos list.

                Nor does this rifle have the characteristics necessary to be deemed
                "assault weapon" under CA law.

                Then, is this rifle legal for me to purchase and own in california?

                And, if it is, will I be allowed to register it should it one day be
                added to the Roberti-Roos list?

                Sincerely,
                Kevin Chow

                ps: I am of course a law-abiding citizen and there is nothing that
                prevents me from being able to legally own any otherwise
                California-legal firearm.

                Someone should send them a letter saying, "Let it go.. live in the NOW man!"
                sigpic

                Comment

                • #38
                  buff_01
                  Senior Member
                  • Sep 2007
                  • 619

                  Emailed them regarding my SAIGA rifle.
                  ...and the trees were all made equal by hatchet, axe, and sword...

                  Comment

                  • #39
                    JCG
                    Junior Member
                    • Oct 2005
                    • 34

                    I e-mailed them as well

                    Comment

                    • #40
                      vf111
                      Veteran Member
                      • Feb 2006
                      • 2739

                      Donation coming via US Mail.....

                      Comment

                      • #41
                        chico.cm
                        Senior Member
                        • Aug 2007
                        • 649

                        Cool.
                        Single issue voting and the 'lesser-of-two-evils' mentality is what got us into this mess!

                        Originally Posted by Stormfeather
                        "Seriously, some people need to put the keyboard down and go out in the sunshine."

                        Comment

                        • #42
                          ShootsStraight
                          Junior Member
                          • Nov 2007
                          • 1

                          response to request for information

                          I can give you some information regarding your request #1.
                          I have a few letters from the Ca Dept. of Justice when I asked for specific information regarding the legality of stripped AR-15 type lower receivers. I can give you my requests to them, and the DOJ's replies. I saved all this information. I am somewhat reluctant to join a lawsuit against the DOJ, as I don't need the problems they could bring. (losing my rifles). I really dont want to use my name, or give the forwarded emails they sent me to you. I dont want the DOJ tracing it back to me. I can tho, give you everything that was in the letters. e-mail me at zfishlover@aol.com. Good luck with your efforts. -ShootsStraight

                          Comment

                          • #43
                            bwiese
                            I need a LIFE!!
                            • Oct 2005
                            • 27621

                            ShootStraight,

                            Your concerns are not warranted - as these will likely be exposed in the future anyway. This is just 'getting set up', "ducks in a row", etc.
                            If you examine the NRA's submissions to the Aug 16 and Nov 1 2007 DOJ comment submission hearings/acceptance periods about redefinition of term 'detachable magazine', you will see that NRA indirectly got access to a variety of DOJ letters anyway.

                            No one will come to your door - especially due to an inquiry letter like this.

                            You also likely would not be joining any prospective lawsuit. That'd be NRA and a few key affected people, maybe a 'class'. But "Mr. Straight Shooter, Jr." won't be on it.
                            Last edited by bwiese; 11-19-2007, 10:58 AM.

                            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

                            • #44
                              kakpataka
                              Senior Member
                              • Nov 2007
                              • 1357

                              Hi..............What the status on this suit? Any updates pls?
                              sigpic

                              Comment

                              • #45
                                socalguns
                                Senior Member
                                • Oct 2005
                                • 1707

                                Lets see thread started 11-14, today is 11-20,
                                the status is 2 WEEEKS
                                "Give orange me give eat orange me eat orange give me eat orange give me you."

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