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

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  • CaliJatt
    Member
    • Jun 2011
    • 133

    Does this case also mean we as Californians be able to get AR and AK pistols in the state as well?

    Comment

    • ojisan
      Agent 86
      CGN Contributor
      • Apr 2008
      • 11745

      If the decision gets rid of the AW definitions, then one pistol problem of "a magazine located outside of the pistol grip" should go away.

      You might still have to deal with the Roster which requires drop tests and probably the microstamping requirement for new made pistols.

      Could be that a something like a 10 year old used AK pistol might fly though. (???)

      Have to wait and see what the decision says.
      Last edited by ojisan; 02-09-2020, 2:02 PM.

      Originally posted by Citadelgrad87
      I don't really care, I just like to argue.

      Comment

      • Mandingo27
        Senior Member
        • Dec 2017
        • 772

        Originally posted by ojisan
        If the decision gets rid of the AW definitions, then one pistol problem of "a magazine located outside of the pistol grip" should go away.

        You might still have to deal with the Roster which requires drop tests and probably the microstamping requirement for new made pistols.

        Could be that a something like a 10 year old used AK pistol might fly though. (???)

        Have to wait and see what the decision says.
        Has nothing to do with the roster. You have an ar/ak pistol? Enjoy regular mag releases and standard cap mags. Handgun with a threaded barrel? That will be okay as well. Decision will have to do with everything California considers an "assault weapon"

        Comment

        • ar15barrels
          I need a LIFE!!
          • Jan 2006
          • 56907

          Originally posted by CaliJatt
          Does this case also mean we as Californians be able to get AR and AK pistols in the state as well?
          No.
          The roster will still exist.
          The unsafe handgun law will also still exist.
          Randall Rausch

          AR work: www.ar15barrels.com
          Bolt actions: www.700barrels.com
          Foreign Semi Autos: www.akbarrels.com
          Barrel, sight and trigger work on most pistols and shotguns.
          Most work performed while-you-wait.

          Comment

          • aBrowningfan
            Senior Member
            • Jan 2014
            • 1475

            Originally posted by Mandingo27
            Has nothing to do with the roster. You have an ar/ak pistol? Enjoy regular mag releases and standard cap mags. Handgun with a threaded barrel? That will be okay as well. Decision will have to do with everything California considers an "assault weapon"
            How do you get past the roster? The AR/AK pistol got registered as an AW (2000) or BBAW (2017). But if the AR/AW features are ruled unconstitutional, there is still the roster. How do you get past the roster?

            Comment

            • aBrowningfan
              Senior Member
              • Jan 2014
              • 1475

              Originally posted by CaliJatt
              Does this case also mean we as Californians be able to get AR and AK pistols in the state as well?
              I really wish that were so. But unless you can get past the roster, I don't see being able to purchase an assault pistol. The roster isn't under challenge, so how does one get past the roster?

              Comment

              • ugimports
                Vendor/Retailer
                • Jun 2009
                • 6249

                Originally posted by aBrowningfan
                I really wish that were so. But unless you can get past the roster, I don't see being able to purchase an assault pistol. The roster isn't under challenge, so how does one get past the roster?
                The CA7 is on the roster.
                UG Imports - Fremont, CA FFL - Transfers, New Gun Sales
                Closure Schedule: http://ugimports.com/closed
                web​ / email / vendor forum

                I AM THE MAJORITY!!!

                Amazon Links Posted May be Paid Links

                Comment

                • aBrowningfan
                  Senior Member
                  • Jan 2014
                  • 1475

                  Originally posted by ugimports
                  The CA7 is on the roster.
                  As I said, "...unless it is on the roster...". What happens if you don't want a CA7 (I am partial to the LWRC SMG-45 ( https://www.lwrci.com/SMG-45-Pistol-SB-Brace_p_268.html ))?

                  Edit: Add a front handgrip to the SMG-45, and you have IMO, an ideal personal protection device (other than an MP7A1).
                  Last edited by aBrowningfan; 02-09-2020, 6:26 PM. Reason: See Edit: above

                  Comment

                  • LEAD LAUNCHER
                    Senior Member
                    • Oct 2013
                    • 1938

                    Originally posted by aBrowningfan
                    How do you get past the roster? The AR/AK pistol got registered as an AW (2000) or BBAW (2017). But if the AR/AW features are ruled unconstitutional, there is still the roster. How do you get past the roster?
                    Only ways I can see are:


                    1. SSE2.0 -then convert to semi with all the features. Some dealers are currently doing SSE2.0 but DOJ of course has said if you covert to semi you “MAY” be creating an unsafe handgun.

                    Pertinent quote from Ca DOJ:

                    “Alterations of a single shot pistol (i.e. changing upper receivers, connecting gas tubes) may also be considered manufacturing an unsafe handgun. See California Penal Code sections 31900-31910 for the definition of unsafe handguns and 32000(a) for more information on illegal acts involving unsafe handguns.”


                    or

                    2. Manufacturer builds the pistol as a manually operated repeater, submits it for testing and gets it on the roster. As Franklin did with the CA7.
                    End user converts it to semi with all the evil features.

                    Note that there is no warning on the Ca DOJ site about modifying on roster Pistol’s as there is for SSE.

                    But some people think you’re “remanufacturing”the Pistol when you switch it over to semi and therefore you are “manufacturing “an unsafe pistol and DOJ would prosecute or perhaps just confiscate.
                    I am not one of those people.

                    Comment

                    • ugimports
                      Vendor/Retailer
                      • Jun 2009
                      • 6249

                      Originally posted by aBrowningfan
                      As I said, "...unless it is on the roster...". What happens if you don't want a CA7 (I am partial to the LWRC SMG-45 ( https://www.lwrci.com/SMG-45-Pistol-SB-Brace_p_268.html ))?

                      Edit: Add a front handgrip to the SMG-45, and you have IMO, an ideal personal protection device (other than an MP7A1).
                      Ask LWRC to put a version on the roster similar to what Frankling Armory did.. there's precedent for it.

                      Other options are to get it through a PPT or infrafamily transfer.

                      Also, I don't see where in the post I quoted you said "...unless it is on the roster..".

                      I was just trying to illustrate that there is an Assaul Style Pistol on the roster. The poster you quoted didn't say exactly what they wanted so how am I to know they didn't want a generic AR pistol.
                      Last edited by ugimports; 02-09-2020, 7:59 PM. Reason: added last sentence
                      UG Imports - Fremont, CA FFL - Transfers, New Gun Sales
                      Closure Schedule: http://ugimports.com/closed
                      web​ / email / vendor forum

                      I AM THE MAJORITY!!!

                      Amazon Links Posted May be Paid Links

                      Comment

                      • taperxz
                        I need a LIFE!!
                        • Feb 2010
                        • 19395

                        Originally posted by aBrowningfan
                        I really wish that were so. But unless you can get past the roster, I don't see being able to purchase an assault pistol. The roster isn't under challenge, so how does one get past the roster?
                        The roster is being challenged and is in the hands of the SCOTUS as I type

                        Comment

                        • aBrowningfan
                          Senior Member
                          • Jan 2014
                          • 1475

                          Originally posted by ugimports
                          Ask LWRC to put a version on the roster similar to what Frankling Armory did.. there's precedent for it.

                          Other options are to get it through a PPT or infrafamily transfer.

                          Also, I don't see where in the post I quoted you said "...unless it is on the roster..".

                          I was just trying to illustrate that there is an Assaul Style Pistol on the roster. The poster you quoted didn't say exactly what they wanted so how am I to know they didn't want a generic AR pistol.
                          How would a PPT occur in the example of the SMG-45? The only way that a PPT could occur (other than for exempt persons) for the SMG-45 is for one to be brought into CA by a non-resident moving to CA. Which, until the CA AWB law is ruled to be unconstitutional (and upheld on appeal), a non-resident can not bring into CA. Plus, as an AW, there cannot be a transfer within CA to a non-exempt buyer.

                          Edit: LWRC was asked to release a CA compliant featureless version of the SMG-45 and their response was that it was not possible to make the SMG-45 CA compliant.
                          Last edited by aBrowningfan; 02-09-2020, 10:25 PM. Reason: See Edit: above.

                          Comment

                          • aBrowningfan
                            Senior Member
                            • Jan 2014
                            • 1475

                            Originally posted by taperxz
                            The roster is being challenged and is in the hands of the SCOTUS as I type

                            Comment

                            • ar15barrels
                              I need a LIFE!!
                              • Jan 2006
                              • 56907

                              Originally posted by ugimports
                              I was just trying to illustrate that there is an Assaul Style Pistol on the roster.
                              The CA7 is NOT a semi-auto.
                              The very first requirement of being an assault weapon IS being semi-automatic.

                              semiautomatic pistol
                              Randall Rausch

                              AR work: www.ar15barrels.com
                              Bolt actions: www.700barrels.com
                              Foreign Semi Autos: www.akbarrels.com
                              Barrel, sight and trigger work on most pistols and shotguns.
                              Most work performed while-you-wait.

                              Comment

                              • ugimports
                                Vendor/Retailer
                                • Jun 2009
                                • 6249

                                I said style. Not that it was one. And most of my customers converted theirs to semi or at least were planning to.

                                Sent from my SM-G965U using Tapatalk
                                UG Imports - Fremont, CA FFL - Transfers, New Gun Sales
                                Closure Schedule: http://ugimports.com/closed
                                web​ / email / vendor forum

                                I AM THE MAJORITY!!!

                                Amazon Links Posted May be Paid Links

                                Comment

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