MERGED THREADS "Bullet Button Assault Weapon" Regs

[vandal]

MERGED THREADS "Bullet Button Assault Weapon" Regs

Can we test this by flipping it around and saying by this logic your assault weapon registration would no longer be an exemption to the possession charge if you created a featureless rifle from a registered BB-AW, because you would not have been eligible to register that now-featureless rifle? (Not referring to the voluntary cancellation process they laid out for going featureless.)


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[CreamyFettucini]

The sole authority cited for 5477 is 30900. Suggest that you read the entire statute to understand DOJ's justification for the regulation.

"Authority cited: Section 30900 Penal Code. Reference: Sections 30515, 30680, 30900,
and 30950 Penal Code.

You keep posting this, yet you never say exactly where in 30900 the DOJ is given the power to decide there are different classes of AWs.

30900 pc only applies to the registration process. 30900(a)1-4 set the former requirements for the past registrations. 30900(b)1-5 address the newly determined assault weapons.

(b)(1) sets the time frame when the weapon must have been acquired and references 30515 as to what is an assault weapon.

(2) covers registering over the internet

(3) covers information that must be provided

(4) addresses the fee

(5) gives the DOJ power to create regulations on how the registration takes place. Not what happens post registration.

Did I miss something? Where is the new class of AW established? Where is DOJs authority to govern AW compliance post registration?

[TOMBSTONE]

The problem is the PC doesn't mention bullet buttons. The PC just takes the definition of detachable magazine and makes it part of the PC not the CCR. The legislature has determined that a mag lock that does not require disassembly of the action is not really a mag lock.

Since the legislature has determined that a non disassembly required mag lock is no longer sufficient your options are to register with your existing non compliant mag lock weapon, remove all features of an aw, or install a compliant mag lock.

The problem with the analysis by fgg is that if I do nothing with my non compliant mag lock rifle by 2018 then it is an unregistered aw just as if it had a regular mag release. Why? Because the legislature has changed the definition of detachable so that a bb is no different than a standard release. If I can prove it was compliant with pre 2017 law then I can register it. OK, great. But once registered how does doj justify singling out the mag release as the one part of the rifle I can't change? The legislature in its infinite wisdom says a bb is the same as a regular mag release.

Reading the regs again, I think the doj position is even worse than merely stupid. The legislature granted an exemption to the administrative procedure act for "emergency" regulations to draft regs pertaining to "registration" only. The section regarding post registration modifications to the mag release is a NEW section of code, completely separate from the registration sections. Arguably this exceeds the grant given by the legislature for emergency regs regarding registration both because it is a new separate section, and because it has nothing to do with registration. This new section should be subject to the APA and open to public comments, it was not and may be an underground regulation.
It seems, I don't know...arbitrary and capricious? I'd love to hear the justification by the doj. Your honor, a bullet button slows down reloads and affects the functioning of the rifle, so we cannot allow it to be exchanged for a standard magazine release even though any other "feature" can be swapped in and out at will. Lol! For once we'd have legislative intent on our side! We can quote Mr thirty bullet clips per second DeLeon to show that a bb is really the same thing as a regular mag release!

Too many contradictions regarding modifications to the mag release in the code???https://www.youtube.com/watch?v=NIu7enBGiRk

[riderr]

In theory they may have created a new way around this. If you separate your lower from the upper, you don't even have a centerfire weapon. Though I wouldn't test this.

I am not sure it can be used out of the context of registration, since it's stated in reg 5471. Registration of Assault Weapons Pursuant to Penal Code Section 30900(b)(1)

[JeepFiend]

...I welcome/encourage you to challenge it with fact or logic!

Hey, no need for facts or logic, just more popcorn. This is getting entertaining!

[Angelo91312]

I've been following this new AW registration rules.
Check out this workaround I thought of:
My uncle lives in Nevada.
I take my assault weapons that I own as a California resident on a trip to visit uncle Mark.
I change out my bullet buttons to standard mag releases, take my 6 photos, submit paperwork and register them.
The DOJ approves my registration(s) and when I get my letter I bring them back home to California.
I am not aware of any laws prohibiting short term storage of my rifles in another state.
Doing this I have not broken any laws-Nevada doesn't care what I bring to their state and even though I would be in pessesion of an AW, it would not be in California therefor not subject to laws of California.

[Malthusian]

In theory they may have created a new way around this. If you separate your lower from the upper, you don't even have a centerfire weapon. Though I wouldn't test this.

I like the way you put that together

Except I'm not sure if that statement in the CCR is applicable to a registered assault weapon

Time will tell

[Shell]

Can we test this by flipping it around and saying by this logic your assault weapon registration would no longer be an exemption to the possession charge if you created a featureless rifle from a registered BB-AW, because you would not have been eligible to register that now-featureless rifle? (Not referring to the voluntary cancellation process they laid out for going featureless.)


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The DOJ rule addresses this. Once a BB AW is registered, you can make it featureless. But, it is still a registered AW until the voluntary cancellation is approved by the DOJ.

In the DOJ's eyes, you can go featureless after registration - but you are still bound to AW rules on that rifle until they release you of its AW status.

Hence, it would not be an exemption to the possession charge.

They realized people might just pop off and on the features (say, at the range), and resort back to a free mag release, as a registered AW. They do read Calguns, folks.

[Crazed_SS]

Hold on a second. We all agree Rule 5477 denies you the ability to remove the BB. But they screwed up and didn't explicitly say what would happen if you do.

Caution is necessary, as the DOJ can easily argue that you are no longer in possession of a properly-registered AW - and thus, committing a felony.

This is a false premise to end discussion of a clear and present danger, should you remove the bullet button. One we all need to be concerned about.

Yes, I agree with this. We cant just say, "These dummies made a rule that cant even be enforced! LOL!!!ONE!!!!!@!!@" .. Maybe it can be and we just dont see it. FCG has shown us that.

OR, the DOJ just messed up. They are fallible and cant consider even single outcome of their shennanigans. I mean, we have bullet buttons in the first place based on a poorly worded definition of detachable magazine.

[EZOG]

I registered two AR15 Rifles with the DOJ back in 2000. Both have standard magazine release buttons. In 2017 I will register two more AR15 Rifles with bullet buttons installed. Not sure how they can get away with this? If you're required to register a BB Rifle as an assault weapon, it seems only logical that you should be able to remove the BB. Something isnt right!! It's like they invented a totally new class of assault weapon. The BB Assault Weapon?

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[Malthusian]

I've been following this new AW registration rules.
Check out this workaround I thought of:
My uncle lives in Nevada.
I take my assault weapons that I own as a California resident on a trip to visit uncle Mark.
I change out my bullet buttons to standard mag releases, take my 6 photos, submit paperwork and register them.
The DOJ approves my registration(s) and when I get my letter I bring them back home to California.
I am not aware of any laws prohibiting short term storage of my rifles in another state.
Doing this I have not broken any laws-Nevada doesn't care what I bring to their state and even though I would be in pessesion of an AW, it would not be in California therefor not subject to laws of California.

Did you read the part that states "one photo shall depict the bullet button style magazine release on the firearm" ?

[Shell]

Something isnt right!! It's like they invented a totally new class of assault weapon. The BB Assault Weapon?

That's exactly what the DOJ did. They are gambling no gun rights attorney will challenge them in federal court on 2A grounds, and that SCOTUS won't take the case. DOJ knows they'll win in state court, so they are rolling the dice... with good odds, I might add.

[-aK-]

Everyone should take the photo's naked holding your bb ar in low ready.

[riderr]

I registered two AR15 Rifles with the DOJ back in 2000. Both have standard magazine release buttons. In 2017 I will register two more AR15 Rifles with bullet buttons installed. Not sure how they can get away with this? If you're required to register a BB Rifle as an assault weapon, it seems only logical that you should be able to remove the BB. Something isnt right!! It's like they invented a totally new class of assault weapon. The BB Assault Weapon?

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Welcome to the Resistance

[jcwatchdog]

I am not sure it can be used out of the context of registration, since it's stated in reg 5471. Registration of Assault Weapons Pursuant to Penal Code Section 30900(b)(1)

Apparently it can be used out of the context of registration. People on this thread are taking all kinds of things out of the context of registration and claiming you will be a felon and arrested or have your registration revoked. Even though most things are just referencing registration only.