Miller v. Bonta 9th Ckt "assault weapons": Held for Duncan result 1-26-24

[tabascoz28]

If you have all the evil features, i.e. a regular AR-15, but have the new patriot button that makes the mag not droppable without breaking the top. That gun is still legal right?

Right, that's called maglocked.

The Feinstein bill will take away your right to buy future AWs but not take the ones in your possession, and you can transfer it still, through an FFL. They might take it away if you get caught and don't have it registered as an assault weapon. In 1994, they just banned the manufacture, so you couldn't buy it but everything in circulation was assumed to be legal.

[Cartierusm]

Thanks. So much to know. As someone said earlier it's so confusing.

[TruOil]

You can use 11+ round mags with as many features as you want while being able to reload without having to disassemble the action.
26" overall length instead of 30" overall length.

11+ mags owned prior to the ban or purchased during Freedom Week are legal to use in any compatible firearm. A "featureless" build also allows a firearm without a maglock, and without the downside of registration. A registered "assault weapon" cannot be transferred in-state by any means, and can be taken only to a gunsmith or the range. (As I understand the law, you can't take them hunting, but I could be wrong about that.) For me, it was too high a price.

[Cartierusm]

I was told if I have an AR-15 in normal configuration, but with the patriot break top button, that I couldn't use 11+ round mags in it as it violates a different law?

[CandG]

11+ mags owned prior to the ban or purchased during Freedom Week are legal to use in any compatible firearm.

That's not exactly true.

• It is legal to run 11+ capacity mags in any firearm that does not have a fixed magazine.
• It is legal to run 11+ capacity magazines in any non-pistol semiauto rimfire firearm that has a fixed magazine.

However:

• It is not legal to run 11+ capacity mags in a centerfire semiauto rifle that has a fixed magazine (unless it is a RAW).
• It is not legal to run 11+ capacity mags in any (centerfire or rimfire) semiauto pistol that has a fixed magazine (unless it is a RAW).

30515. (a) Notwithstanding Section 30510, “assault weapon” also means any of the following:
(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.

[CandG]

I was told if I have an AR-15 in normal configuration, but with the patriot break top button, that I couldn't use 11+ round mags in it as it violates a different law?

You are correct, see my post above.

That said, if your weapon was eligible to be registered as an AW before 7/1/2018, and you tried and failed to register it, and you plan to register it in the upcoming AW Registration "do over", then you might by immune from prosecution until after that upcoming registration period closes.

[ar15barrels]

I was told if I have an AR-15 in normal configuration, but with the patriot break top button, that I couldn't use 11+ round mags in it as it violates a different law?

The "break open" configuration is called "fixed magazine".
You can not use 10+ round mags in a fixed magazine gun.

A registered AW does NOT require a fixed magazine.
That's why you can have a mag latch that does not require breaking the action open AND all the evil features you want.
RAW's (registered assault weapons) can use 11+ round mags.

[ar15barrels]

11+ mags owned prior to the ban or purchased during Freedom Week are legal to use in any compatible firearm.

Incorrect.
You can only use 11+ round mags in guns with a legally detachable magazine.
Fixed magazine centerfire semi-auto firearms must hold no more than 10 rounds.

Using an 11 round magazine in a fixed magazine semi-auto centerfire rifle creates an illegal assault weapon.

30515.
(a) Notwithstanding Section 30510, “assault weapon” also means any of the following:
(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.

[Ishooter]

Can anyone shed some lights on this new settlement? Are bullet buttons legal again to use until the new deadline of 7 months?

[Silence Dogood]

the Sharp thread please?

[Betfair39]

That's not exactly true.

• It is legal to run 11+ capacity mags in any firearm that does not have a fixed magazine.
• It is legal to run 11+ capacity magazines in any non-pistol semiauto rimfire firearm that has a fixed magazine.

However:

• It is not legal to run 11+ capacity mags in a centerfire semiauto rifle that has a fixed magazine (unless it is a RAW).
• It is not legal to run 11+ capacity mags in any (centerfire or rimfire) semiauto pistol that has a fixed magazine (unless it is a RAW).

Wish Judges asked these questions to the DOJ attorneys and i bet they wouldnt answer these questions without reading it from the paper.

[ar15barrels]

Can anyone shed some lights on this new settlement? Are bullet buttons legal again to use until the new deadline of 7 months?

Only if you were trying to register and actually do register once the registration opens up again.
If you were not trying to register (you had the gun before 2018 and had a cfars login setup in 2018 to be able to register), then you will not get protections under the agreement.

[Ishooter]

Only if you were trying to register and actually do register once the registration opens up again.
If you were not trying to register (you had the gun before 2018 and had a cfars login setup in 2018 to be able to register), then you will not get protections under the agreement.

Thanks.

[aBrowningfan]

This is not correct for registered AW's.
I think you are talking about NON-AW configured rifles but you were not clear on that.
NON-AW configured firearms can change ANYTHING you want that's attached to the reciever at any time you want as long as you maintain a NON-AW configuration.

You can change ANYTHING you want on a registered AW except for the receiver and the magazine release (though the magazine release is only by regulations, not actual law) as long as you don't make it an SBR, or other prohibited configuration.
You can change literally every other part on the gun but the receiver and the bullet button (for 2018 registrations).
2000 or 1990 registered AW's can change EVERY part except for the reciever.

While technically correct, I wonder if the juice would be worth the squeeze. I was thinking of purchasing an upper receiver with a 14.7" barrel with welded flash suppressor (to maintain the 16.1" minimum barrel length). However, the new upper receiver/barrel configuration would be different from the configuration that was shown in the pictures that were included with my registration submission. With all of the delay I experienced before I received the registration, I just don't think swapping receivers is going to be worth the potential risk, even if I would ultimately win if litigation was needed.

[champu]

While technically correct, I wonder if the juice would be worth the squeeze. I was thinking of purchasing an upper receiver with a 14.7" barrel with welded flash suppressor (to maintain the 16.1" minimum barrel length). However, the new upper receiver/barrel configuration would be different from the configuration that was shown in the pictures that were included with my registration submission. With all of the delay I experienced before I received the registration, I just don't think swapping receivers is going to be worth the potential risk, even if I would ultimately win if litigation was needed.