transfer?

[jkcerda]

ok, nephew has a Norinko MAK 90, is it posible to transfer the MAK990 to my name?

its old, got it in 89 or so, thanks for the help.

[bwiese]

The "Norinco MAK-90" is a banned-by-name assault weapon on the Kasler list (11 CCR 5499).

Thus gun is certainly not transferrable to you, no matter what features are present/absent.
And no CA FFL will touch it.

If nephew lives outside CA, he should continue to retain and enjoy it.

If the nephew does live in CA, you may have helped 'out' him if it is not a specially registered AW.

If he does live in CA, and the gun is not registered specifically as an AW, he should immediately strip parts off the gun down to the bare receiver, then immediately contact a lawyer and arrange for surrender of the receiver. He should NOT try to move it out of the state as transport of an illegal unregistered AW is a separate, worse charge than just simple possession (which can be a wobbler or a nuisance charge).

[bwiese]

I don't believe he stated it was an unregistered assault weapon.

True, but I'd assume that anyone that had a reg'd AW would be smart enough to know it's not really trasnsferrable in CA to another 'regular person'. Nevertheless I edited my post.

[jkcerda]

the weapon IS registered, he bought it pre ban.

[jkcerda]

True, but I'd assume that anyone that had a reg'd AW would be smart enough to know it's not really trasnsferrable in CA to another 'regular person'. Nevertheless I edited my post.

sorry, i am a noob when it comes to some laws, hence the question.

[jkcerda]

was there a period where he had to re-register the gun?

[bwiese]

the weapon IS registered, he bought it pre ban.

as there a period where he had to re-register the gun?

The fact it was purchased 'pre ban' is not sufficient for legal retention.

The 4473/DROS forms filled out at purchase time at the FFL dealer are not considered AW registration.

SB23 passed in 1999 and required a special registration form to be completed in 2000. This gun would have required a special form to be sent in (and $20 fee) during 2000 (up to Jan 23, 2001 due to a printing screwup) to be legally retained in CA.

[bohoki]

the weapon IS registered, he bought it pre ban.

how did he register it?

[jkcerda]

The fact it was purchased 'pre ban' is not sufficient for legal retention.

The 4473/DROS forms filled out at purchase time at the FFL dealer are not considered AW registration.

SB23 passed in 1999 and required a special registration form to be completed in 2000. This gun would have required a special form to be sent in (and $20 fee) during 2000 (up to Jan 23, 2001 due to a printing screwup) to be legally retained in CA.

ill ask and make sure to see if he complied

how did he register it?

bought it ages ago late 80's

[bwiese]

ill ask and make sure to see if he complied

You should not ask him anything. You don't want to be forced to testify against him (remote possibility, but could happen). You've done enough damage to the situation here discussing it already (there's no privacy on the Net).

You should tell him that if he didn't file special AW registration paperwork with CA Dept. of Justice Firearms Division during the year 2000, accompanied by a $20 fee (in fact, up to Jan 23, 2001) that he's illegally possessing an AW and that people who know their stuff recommend stripping the gun down to the receiver IMMEDIATELY, and contacting a lawyer IMMEDIATELY to arrange surrender of the gun/receiver to LE without charges being filed.

[jkcerda]

You should not ask him anything. You don't want to be forced to testify against him (remote possibility, but could happen). You've done enough damage to the situation here discussing it already (there's no privacy on the Net).

You should tell him that if he didn't file special AW registration paperwork with CA Dept. of Justice Firearms Division during the year 2000, accompanied by a $20 fee (in fact, up to Jan 23, 2001) that he's illegally possessing an AW and that people who know their stuff recommend stripping the gun down to the receiver IMMEDIATELY, and contacting a lawyer IMMEDIATELY to arrange surrender of the gun/receiver to LE without charges being filed.

ok, ill inform him, thanks for your help.

[journeyman]

or be very quiet!!!

[Meplat]

What if he did all the below except the lawyer part and just took a tourch and reduced it to slag?

Why give someone in a "special class" your gun. If I can't have it nobody can? Flaws?

If he does live in CA, and the gun is not registered specifically as an AW, he should immediately strip parts off the gun down to the bare receiver, then immediately contact a lawyer and arrange for surrender of the receiver. He should NOT try to move it out of the state as transport of an illegal unregistered AW is a separate, worse charge than just simple possession (which can be a wobbler or a nuisance charge).

[bwiese]

What if he did all the below except the lawyer part and just took a tourch and reduced it to slag?
Why give someone in a "special class" your gun. If I can't have it nobody can? Flaws?

In theory (!) that surrendered gun should be destroyed by LE. (As an AK, it probably will. Info I've been getting is that when seized AWs slide out of a police dept. locker, it's the tacti-cool guns - good ARs, HK G36s, etc.)

Even if dude destroys that gun, that does not eliminate the past crime, it just stops its ongoing nature. [Admittedly, the threshold for prosecution would be raised significanly) but there could be witnesses, photos or other records helping show this so that's not necessarily a 100% closed matter.]

A lawyer negotiating the gun's surrender without charges is the way to go.
That has some 'contractual' backing - if the LE+DA pop the guy after this for illegal AW, no lawyer will ever trust the opposition for a plea deal, etc ever again and the system backs up.

[bwiese]

or be very quiet!!!

Not a very bright remark.

One gun lawyer told me 75+% of unreg'd AW possession violations occurred due to domestic situations. And that doesn't just mean cops get involved in a domestic dispute - that means any time the LE could enter the house (emergency, illness, fire, burglary, pursuing a perp running thru your house, etc.) due to exigent circumstances or otherwise.

An acquaintance lost an unreg'd AR10 that way - he'd moved to & from Oregon in 1999-2000, didn't know about SB23 and though AW registration = 4473+DROS, which was NOT the case. Some drama with his elderly dad, police were in house and voila! - a seized gun. Fortunately no felony charges were filed and the cops were cool enough to give him back his scope, etc.