MERGED THREADS "Bullet Button Assault Weapon" Regs

[M1AFrankie32]

That is not correct.

Category 1 and 2 assault weapons are created/codified in 30510, category 3 which now includes BB rifles is created/codified in 30515. 30900 only governs the process of registration not the creation of a category of assault weapon.

Using your logic there would be at least seven categories of AW.
30510 creates cat 1 and 2 that's 2 categories of AW
30900(a)(1) and (2) that's two more categories, were up to 4 now
30515 creates cat 3, that now makes 5
30900(a)(2) also covers cat 3, that now makes 6
30900(b)(1) under your argument creates a new category of AW, which would make 7

All 30900 does is give rifle owners a means of registering and legally keeping their rifles, it does not create a new class of AW.

The registration categories are outlined in PC 30900. As you stated, there's 4 categories outlined in PC 30900. I think we can agree on this much. PC 30510 and 30515 do not cover registration.

[djhall]

Thank you. The regulations support my point.

No one is questioning those interpretation of the regulations. People are questioning the DOJs interpretation of the law.

[nagzul]

Penal Code section 30900, subdivision (b)(1) SHALL NOT BE CHANGED AFTER THE ASSAULT WEAPON IS REGISTERED."

Welcome to the debate. Have you looked up PC 30900 (b) yet? Therein lies the rub.

It only lists the weapons open to registration. It makes no mention of what happens after registration, or that it must stay in its registered form. The debate is can a person be convicted under this PC for removing the bullet button once it is registered.

The DOJ could just as easily said you can't change the upper, would that have been OK? 30900 only mentions releases that INCLUDE those using a tool to remove the magazine.

The more I look at this, the clearer it is DOJ over stepped. You can't have a "kinda" RAW. It either is or it isnt. The bullet button no longer qualifies as a fixed mag release. By definition there is no longer any difference between standard and bullet button. Thus the need to register.

Did the DOJ make it up out of thin air? Yep

Will we have to abide by it?.....

[naught]

I think you may have mistyped your penal code section. According to http://leginfo.legislature.ca.gov/ there is no section 30690.

Sorry, 30680.

[AceGirlsHusband]

To help understand the issue at hand here, ask yourself whether or not it's now illegal to put a 30 round mag into a BB gun. It *used* to be illegal, but now that a bullet button has been redefined as specifically not being a fixed magazine, it's now legal to use a preban mag in a BB gun, right? Which means that what was the case last week isn't relevant now. The wording of the law changed and what it says now is all that matters.

No. Pre-ban mags are now specifically illegal in Kali.

[9M62]

No. Pre-ban mags are now specifically illegal in Kali.

Not until July. So enjoy your 30rd BB rifles until July. Then register them as AW's before Jan of 2018, or convert them to fixed 10 round rifles. Or featureless 10 round rifles.

[ifilef]

Quote:
Originally Posted by IVC
That's what FGG claimed, but then decided to leave when he couldn't show how/where/why "they are not the same."

Find ONE section of penal code where the two rifles would be treated differently. Just ONE. Hint: you can't because the definition itself says they are the same.

PC 30900 and the history surrounding the AWCA.

There is only one definition of AW in the law, the 30515 as amended (as of now). [Emphasis added].

No, I don't believe so...

What about 30510? That defines an AW also.
30510.
As used in this chapter and in Sections 16780, 17000, and 27555, “assault weapon” means the following designated semiautomatic firearms:
(a) All of the following specified rifles:
(1) All AK series including, but not limited to, the models identified as follows:
(A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.
(B) Norinco 56, 56S, 84S, and 86S.
(C) Poly Technologies AKS and AK47.
(D) MAADI AK47 and ARM.
(2) UZI and Galil.
(3) Beretta AR-70.
(4) CETME Sporter.
(5) Colt AR-15 series.
(6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C.
(7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.
(8) MAS 223.
(9) HK-91, HK-93, HK-94, and HK-PSG-1.
(10) The following MAC types:
(A) RPB Industries Inc. sM10 and sM11.
(B) SWD Incorporated M11.
(11) SKS with detachable magazine.
(12) SIG AMT, PE-57, SG 550, and SG 551.
(13) Springfield Armory BM59 and SAR-48.
(14) Sterling MK-6.
(15) Steyer AUG.
(16) Valmet M62S, M71S, and M78S.
(17) Armalite AR-180.
(18) Bushmaster Assault Rifle.
(19) Calico M-900.
(20) J&R ENG M-68.
(21) Weaver Arms Nighthawk.
(b) All of the following specified pistols:
(1) UZI.
(2) Encom MP-9 and MP-45.
(3) The following MAC types:
(A) RPB Industries Inc. sM10 and sM11.
(B) SWD Incorporated M-11.
(C) Advance Armament Inc. M-11.
(D) Military Armament Corp. Ingram M-11.
(4) Intratec TEC-9.
(5) Sites Spectre.
(6) Sterling MK-7.
(7) Calico M-950.
(8) Bushmaster Pistol.
(c) All of the following specified shotguns:
(1) Franchi SPAS 12 and LAW 12.
(2) Striker 12.
(3) The Streetsweeper type S/S Inc. SS/12.
(d) Any firearm declared to be an assault weapon by the court pursuant to former Section 12276.5, as it read in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991, which is specified as an assault weapon in a list promulgated pursuant to former Section 12276.5, as it read in Section 3 of Chapter 954 of the Statutes of 1991.
(e) This section is declaratory of existing law and a clarification of the law and the Legislature’s intent which bans the weapons enumerated in this section, the weapons included in the list promulgated by the Attorney General pursuant to former Section 12276.5, as it read in Section 3 of Chapter 954 of the Statutes of 1991, and any other models that are only variations of those weapons with minor differences, regardless of the manufacturer. The Legislature has defined assault weapons as the types, series, and models listed in this section because it was the most effective way to identify and restrict a specific class of semiautomatic weapons.
(f) As used in this section, “series” includes all other models that are only variations, with minor differences, of those models listed in subdivision (a), regardless of the manufacturer.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

And what about the legislative intent?

30505.
(a) The Legislature hereby finds and declares that the proliferation and use of assault weapons poses a threat to the health, safety, and security of all citizens of this state. The Legislature has restricted the assault weapons specified in Section 30510 based upon finding that each firearm has such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings. It is the intent of the Legislature in enacting this chapter to place restrictions on the use of assault weapons and to establish a registration and permit procedure for their lawful sale and possession. It is not, however, the intent of the Legislature by this chapter to place restrictions on the use of those weapons which are primarily designed and intended for hunting, target practice, or other legitimate sports or recreational activities.

30505(b):

(b) The Legislature hereby finds and declares that the proliferation and use of .50 BMG rifles poses a clear and present terrorist threat to the health, safety, and security of all residents of, and visitors to, this state, based upon findings that those firearms have such a high capacity for long distance and highly destructive firepower that they pose an unacceptable risk to the death and serious injury of human beings, destruction or serious damage of vital public and private buildings, civilian, police and military vehicles, power generation and transmission facilities, petrochemical production and storage facilities, and transportation infrastructure. It is the intent of the Legislature in enacting this chapter to place restrictions on the use of these rifles and to establish a registration and permit procedure for their lawful sale and possession.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

Yes, and 30900 (a)(1), (2) and (b) all define different definitions of AW. I already posted about those prior ones that had lawfully possessed mag releases at the time before they were designated as AW.

Only thing they share in common with our current registration window is that all are not 'fixed magazines' as currently defined.

[djhall]

Sorry, 30680.

As I'm sure you know, 30680 exempts 30605, which is unregistered possession of an assault weapon. 30680 needs to exist because people who register need protection from 30605 for possessing an unregistered assault weapon between 1/1/17 and the completion of registration. Once your weapon is registered is isn't an unregistered assault weapon anymore, so 30605 doesn't apply, and therefore 30680 no longer serves any useful purpose. (As I read the laws).

[lrdchivalry]

The registration categories are outlined in PC 30900. As you stated, there's 4 categories outlined in PC 30900. I think we can agree on this much. PC 30510 and 30515 do not cover registration.

No we don't agree and no I didn't state there were 4 categories outlined in 30900, that is your argument not mine. 30900 doesn't create categories of AW only the rules governing the registration of weapons that are classified as AW.

If one really wants to get technical, there are no categories of AW, the weapon either is a listed AW in 30510 or it's a AW by feature under 30515, no where in the PC does it state category 1, 2, 3 OR 4. it either is an AW or it's not, period.

Is it just me or has anyone else noticed that M1AFrankie32 has only been on calguns since 1/1/17, has only 7 posts in the same thread, which all push the government narrative. Interesting. Kes should look into it.

[Prolitheus]

MERGED THREADS "Bullet Button Assault Weapon" Regs

As I'm sure you know, 30680 exempts 30605, which is unregistered possession of an assault weapon. 30680 needs to exist because people who register need protection from 30605 for possessing an unregistered assault weapon between 1/1/17 and the completion of registration. Once your weapon is registered is isn't an unregistered assault weapon anymore, so 30605 doesn't apply, and therefore 30680 no longer serves any useful purpose. (As I read the laws).

What purpose does 30680 serve that 30675 does not? By registering by 2018, you're complying with 30900 and thus 30675(b) exempts you from 30605 along with 30600 and 30610.

30675
(a) Sections 30605 and 30610 shall not apply to any of the following persons:
(1) A person acting in accordance with Section 31000 or 31005.
(2) A person who has a permit to possess an assault weapon or a .50 BMG rifle issued pursuant to Section 31000 or 31005 when that person is acting in accordance with Section 31000 or 31005 or Article 5 (commencing with Section 30900).
(b) Sections 30600, 30605, and 30610 shall not apply to any of the following persons:
(1) A person acting in accordance with Article 5 (commencing with Section 30900).
(2) A person acting in accordance with Section 31000, 31005, 31050, or 31055.
(c) Sections 30605 and 30610 shall not apply to the registered owner of an assault weapon or a .50 BMG rifle possessing that firearm in accordance with Section 30945.
- See more at: http://codes.findlaw.com/ca/penal-co....8g7Ettqt.dpuf

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[djhall]

[QUOTE=ifilef;19431518]

The Legislature has restricted the assault weapons specified in Section 30510 based upon finding that each firearm has such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings.
...
It is not, however, the intent of the Legislature by this chapter to place restrictions on the use of those weapons which are primarily designed and intended for hunting, target practice, or other legitimate sports or recreational activities.

I wish we could file a 2A challenge to that statement. The legitimate reasons for protecting the private ownership of firearms is "hunting, target practice, sports, and recreation?"

[M1AFrankie32]

No one is questioning those interpretation of the regulations. People are questioning the DOJs interpretation of the law.

There is no such provision that permits a person to register a PC 12276.1 AW (Category 3) after 1/1/2001.

[veeklog]

Have you not gotten the word that the DOJ has released said regulations?

https://cdn.firearmspolicy.org/wp-co...egulations.pdf

These regulations drafted on December 29th and issued December 30th are insane. How are they going to register all these weapons with the proposals they want to implement?!? DOJ can barely handle their workload what the personnel they have now, so how are they going to process these requests? Hopefully someone litigates this, especially since these are now defined as common weapons

[M1AFrankie32]

No we don't agree and no I didn't state there were 4 categories outlined in 30900, that is your argument not mine. 30900 doesn't create categories of AW only the rules governing the registration of weapons that are classified as AW.

If one really wants to get technical, there are no categories of AW, the weapon either is a listed AW in 30510 or it's a AW by feature under 30515, no where in the PC does it state category 1, 2, 3 OR 4. it either is an AW or it's not, period.

Is it just me or has anyone else noticed that M1AFrankie32 has only been on calguns since 1/1/17, has only 7 posts in the same thread, which all push the government narrative. Interesting. Kes should look into it.

Please read my post again. I am only referring to AW registration. There are 4 categories of AW registration (PC 30900). All AW are not treated equally for registration purposes. PC 30510 and 30515 apply to the definition of an AW...NOT REGISTRATION.

[lrdchivalry]

These regulations drafted on December 29th and issued December 30th are insane. How are they going to register all these weapons with the proposals they want to implement?!? DOJ can barely handle their workload what the personnel they have now, so how are they going to process these requests? Hopefully someone litigates this, especially since these are now defined as common weapons

They want to make it as difficult and painful as possible to comply. A some have state in this thread, they may be making it difficult to register in order to discourage people from doing it.

Stay safe out there.