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

[bigstick61]

It would have to be a 10-day freedom period, given the 10-day DROS requirement.

Not necessarily (at least, not 10 days before issuing a stay). Just like he protected magazines that had already been ordered, shipped, etc. from being treated as illegal, so he could do with any DROS initiated or firearm ordered during the window in question, so that those transactions and processes can be completed.

[ar15barrels]

Well if California's defining weapons as assault weapons and placing restrictions on them is found to be unconstitutional, isn't the AW registration part effectively moot?

I still don's see how he has to keep himself bound to CA's AW registration laws and regulations in his ruling or any stay he crafts himself.

Any results of the case can only pertain to the specific PC being challenged in the case.
Since this case does not challenge the registry, the registry would survive the case going for Miller.
Removing the AW definitions would make it so it's no longer possible to define AW's or prosecute for manufacturing/possession etc...

The remaining registered AW's would still be registered AW's and subject to the transport/transfer requirements of registered AW's as those are completely different parts of the PC that are NOT being challenged.

Non-AW's could be configured like AW's and would not be illegal in a post miller success world.

Some gunss, like AR's are very easy to move the parts off the registered AW receiver onto a new NON-AW receiver (in a post miller success world) and the newly assembled guns would not be AW's for transport and transfer purposes.
Other guns, like HK's and AK's are much more complicated.
It might be easier to just purchase a new gun and sell the old one out of state to be unburdened by the transport/transfer requirements in a post miller success world.

[Lanejsl]

If you have fixed magazine AR would you be able to take off your Maglock/Jaurgaunt/Houge ect.. with a favorable ruling and use a standard mag release?

[CandG]

If you have fixed magazine AR would you be able to take off your Maglock/Jaurgaunt/Houge ect.. with a favorable ruling and use a standard mag release?

ar15barrels' post, right before yours, pretty well covers that.

The short answer is yes, hypothetically, you could do those things, but registered AW's would still be treated as such, in terms of storage/transfer/transport. At that point, in a post-Miller-success world, it might be best to just de-register those firearms (at least the ones registered 2017, if not the ones from prior AW bans), seeing as there may no longer be any value in having it registered; at least with 2016 AW's, if not earlier AWs. I previously outlined the method for de-registration in my old AW Registration guide from a couple years ago - here's the relevant part:

Voluntary De-Registration

Before you consider formal de-registration, consider that you can instead choose to modify or reconfigure the firearm to no longer meet the definition of an Assault Weapon, and then replace the serialized RAW receiver with a different (not RAW) receiver, effectively making the weapon no longer a RAW. Then you may retain the RAW receiver in case you ever decide to build it into a functional RAW again in the future.

If you still decide to formally de-register a RAW, the procedure is outlined below. Note that there is no such thing as mandatory de-registration. Under no circumstances are you required to contact DOJ about your RAW once it's registered. Even if you sell it, move, etc. However, in certain scenarios (like if you sold it), you may want to de-register it to disassociate your name from that weapon.

1. Registered Assault Weapons may be de-registered under the following circumstances:
   • Weapons that are no longer possessed, after completing a BOF Form 4546 ("Notice of No Longer in Possession")
   • Weapons that have been modified or reconfigured to no longer meet the definition of an Assault Weapon
2. Send a letter to DOJ that includes the following:
   • Full name, phone number, and current address; make, model, and serial number; and the DOJ Assault Weapon Registration Number (if known - if not known, then the letter must also be notarized).
   • If no longer in possession, must include a proof of sale or transfer.
   • If still in possession, must include 1 or more photos showing the weapon in a non-AW configuration.
   • Signature and date
3. Mail the letter to: Bureau of Firearms, P.O. Box 820200, Sacramento, CA 94203-0200
4. If still in possession, DOJ may request additional photos, information, or even an inspection (where or by whom, we don't know)
5. After determining eligibility for de-registration, DOJ will delete the Assault Weapon Registration, and if you are still in possession they will convert the record to a standard "Firearm Ownership Report", or if you are no longer in possession they will convert it to a "No Longer in Possession" entry in AFS.
6. Confirmation of de-registration and updated firearm ownership information will be mailed to your address.
7. You may never re-register the weapon as an Assault Weapon, even if the registration period is still open! Attempting to do so would be admitting that you took a non-AW and made it back into an AW after it became illegal to do so on 1/1/2017.

[Jedediah Munroe]

Might be reasonable to keep some RAW Lowers as to not have all your eggs in one basket. Maybe it’s possible that future assault weapon legislation will not have a registration option, only confiscation/destruction but exempt previously registered RAW’s?

[CandG]

For sure. But as Randall pointed out above, that is easy with AR's, but not so easy with other varieties.

[curtisfong]

2000 or 1990 registered AW's can change EVERY part except for the reciever.

What if the upper is the serialized part?

[Discogodfather]

So many permutations it makes my head hurt. Seems like in some kind of situation where there is a temporary stay:

1) If you have featureless you can throw out the fin or put it into a standard rifle configuration (flash hider ok, etc.)

2) If you have RAW, you could throw out the bullet button

Both scenarios have to assume that the minimum 26" length under that other part of the law (can't remember it now) that says it has to be 26" at it's minimum length. I think this was part of the special CA SBR stuff. This is the ONLY difference I can see that is different outside of a "standard" definition of a free state Fed law compliant firearm.

Problem is having everything ready to go, which seems impossible. Let's say I have a featureless AK and it has:

1) A fixed stock
2) The muzzle device (not a flash hider) is pinned on (per the current featureless standard to meet the 31" minimum length)
3) A fin grip

So a stay comes down, and I:

1) Replace the fixed stock with a folder (meets 26" minimum)
2) Remove the pinned muzzle device and add a removable flash hider
3) Toss the fin grip

In this scenario, I would have to have everything ready and do it within the period of the stay, which judging from the last go around lasted less than 24 hours. So that seems crazy.

If I had a 2016-17 RAW, all I could do it toss the BB. But then wouldn't I need to reinstall it after the stay disappears?

I could also be waiting with tons of parts for an AR build let's say, and do it in the specified time?

I don't even want to think about all the different rifle like pistols (krinks and AR pistols, etc) at this point...............

[ar15barrels]

What if the upper is the serialized part?

The firearm receiver is the serialized part.
Do you have a specific example of an AR with a serialized upper receiver and a non-serialized lower receiver?
Perhaps one of the 5.7 uppers?

Or are you talking about an FAL or SCAR and thinking you are super sneaky and that I don't realize that platforms OTHER than an AR (the most popular platform BY FAR) have serialized uppers instead of lowers?

You didn't, but keep up with your nitpicking anyways.
Its cute to watch.

Hire the handicap, they are fun to watch...

[CandG]

If I had a 2016-17 RAW, all I could do it toss the BB. But then wouldn't I need to reinstall it after the stay disappears?

Maybe, or maybe not. Depends on what the Order might say exactly, and what any subsequent stay might say exactly.

Scenarios like this are why I photographed all my AR's with Raddlocks on them when I registered them

[LongLiveTheRepublic]

https://youtu.be/krDdls-ihng

Awesome

[mshill]

Maybe, or maybe not. Depends on what the Order might say exactly, and what any subsequent stay might say exactly.

Scenarios like this are why I photographed all my AR's with Raddlocks on them when I registered them

Radlocks were the way to go for BBRAWs. Sold mine to people here after I left (fled) the state last July.

[curtisfong]

The firearm receiver is the serialized part.
Do you have a specific example of an AR with a serialized upper receiver and a non-serialized lower receiver?
Perhaps one of the 5.7 uppers?

Or are you talking about an FAL or SCAR and thinking you are super sneaky and that I don't realize that platforms OTHER than an AR (the most popular platform BY FAR) have serialized uppers instead of lowers?

You didn't, but keep up with your nitpicking anyways.
Its cute to watch.

Hire the handicap, they are fun to watch...

My point wasn't personal, nor was it an attack in any way. Not sure why you took it that way.

My point is, the bullet button is not always on the serialized part, nothing more, nothing less.

[solidfreshdope]

[Jedediah Munroe]

Nice! No need to deregister?