MERGED THREADS "Bullet Button Assault Weapon" Regs

[Drew Eckhardt]

So that's how it is during the grace period, you get arrested for AW possession (AW with bullet button), then they drop the charges if you register on time? No protection until you register? Everyone who hasn't registered yet is violating PC 30605?

I think PC 30675(b)(1) covers that.

PC 30675

(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).

with 30900(b) describing registration of grandfathered post-2017 assault weapons and when it must be complete.

If not, you're screwed because you can't transport your assault weapon because 30680 only exempts you from 30605 possession without addressing 30600 transport.

For that matter, 30675(b)(1) is the only allowance for transporting an assault weapon although 30675(c) allows possession by registered owners under the conditions described by 30945 including possession during transport between permitted places.

The code surrounding assault weapons is a mess.

[johnsta]

Man, what confusion this law has created. So if we have to provide pictures, does that mean I can't change features at all on my legally possessed AW? For example, go from a 16" to a 20" barrel? Add or remove optics??

What a mess.

[IVC]

If that's the case, and you've switched from BB to standard mag release, and you haven't registered yet, then you're good to go in exactly the same way.

It's exactly the same (we established this many a page ago). Whether I'm good to go is a separate issue and includes some other PCs. That's why we have 2.5K posts here.

[jrr]

Errmagherd! Fgg is right, we are subject to felony possession of aw until we register! Lol. For cereal, it ain't that hard, so I assume there's some point to be made or he's enjoying trolling....

"30680. Section 30605 does not apply to the possession of an assault weapon by a person who has possessed the assault weapon prior to January 1, 2017, if all of the following are applicable
(c) The person registers the assault weapon by January 1, 2018, in accordance with subdivision (b) of Section 30900."

That's pretty straightforward. You're exempt from possession charges so long as you register before 1/1/18. So, therefore, until 12/31/17 you can't be charged with possession because the deadline to register hasn't passed. Its no different than in every other period of registration for aw we've had.

Now...what's really interesting are a couple of things the doj felt compelled to throw into the definitions... Why on earth would you specify that an ar or ak with the magazine release removed is not a fixed magazine? Its just silly. Same with calling out the mag magnet. Why? It just goes to the argument that a non fixed magazine (nfm) is an nfm is an nfm. The legislature changed the triggering language from detachable magazine to "does not have a fixed magazine", then helpfully defined that term. That's it. Obviously if a bullet button no longer qualifies under this definition, neither does a bb with a mag magnet. Its silly, and arguably since they equate them with each other I should be able to register my bb aw with a mag magnet attached. I mean, its right there in the definitions isn't it? Stupid.

And then to say that an at with the gas tube or bolt removed is not a semi automatic anymore, but that an ar with no mag release at all is still an aw....wow. Genius. I mean technically yes its not " fixed" but its also not really even attachable! What are you gonna do, hold the mag in really tight and hope for the best? Lol!

[IVC]

So that's how it is during the grace period, you get arrested for AW possession (AW with bullet button), then they drop the charges if you register on time? No protection until you register? Everyone who hasn't registered yet is violating PC 30605?

So what's the "clever detail" you are trying to get at?

That 30680(c) references 30900(b) which states in 30900(b)(1) "... but not before the effective date of the regulations adopted pursuant to paragraph (5),..." so it's the 30900(b)(1) that controls the applicability of 30680(c) prior to registration? I know there must be a point to this exercise in futility.

[IVC]

Why on earth would you specify that an ar or ak with the magazine release removed is not a fixed magazine?

Because if you remove the catch and create a friction-based system for inserting magazines you have defeated their, ahem, wishes that you still have to tinker with the release.

[ifilef]

So the DOJ will give us a fix it ticket for $25 if we get caught with a standard mag release and suspend our registration, got it. Thanks for clearing up this issue.

Yes, eternally grateful, too.

[ifilef]

Not saying that, just saying the fix it ticket thing is not a good analogy either

I was addressing the last line I had quoted in bold of your previous post wherein you stated the following:

"There is no PC saying you can't remove the BB and it's the same as a normal release as far as the PC is concerned."

[Drew Eckhardt]

I think this is a great question.

You have a radlock (aka BB) installed as required to resister. I'm therefore in compliance.

What is to prevent me from backing the screw out?

Would love to hear some analysis on this...

-Cee

DOJ deciding that's a "change" under 11 CFR 5477(a) although 5477(b) suggests "change" is a synonym for "replace."

5477. Registration of Assault weapons Pursuant to Peanl Code Section 30900(b)(1) Post-Registration Modification of Registered Assault Weapons, Prohibition.
(a) The release mechanism for an ammunition feeding device on an assault weapon registered pursuant to Penal Code section 30900, subdivision (b)(1) shall not be changed after the assault weapon is registered

(b) The prohibition in subdivision (a) does not extend to the repair or like-kind replacement of the mechanism.

[Wiz-of-Awd]

DOJ deciding that's a "change" under 11 CFR 5477(a) although 5477(b) suggests "change" is a synonym for "replace."

change
CHānj/
verb
verb: change; 3rd person present: changes; past tense: changed; past participle: changed; gerund or present participle: changing

1.
make or become different.
"a proposal to change the law"
make or become a different substance entirely; transform.
"filters change the ammonia into nitrate"
alter in terms of.
"the ferns began to change shape"
synonyms: alter, make/become different, adjust, adapt, amend, modify, revise, refine; More
reshape, refashion, redesign, restyle, revamp, rework, remodel, reorganize, reorder;
vary, transform, transfigure, transmute, metamorphose, evolve;
informaltweak, doctor, rejig;
technicalpermute
"this could change the face of television"
antonyms: preserve, stay the same
(of traffic lights) move from one color of signal to another.
(of the moon) arrive at a fresh phase; become new.
2.
take or use another instead of.
"she decided to change her name"

A.W.D.

[ifilef]

Because if you remove the catch and create a friction-based system for inserting magazines you have defeated their, ahem, wishes that you still have to tinker with the release.

Do such systems actually exist? Sorry, I am not familiar.

Your explanation does indeed seem plausible.

[Shell]

[I]change
CHānj/
verb
verb: change; 3rd person present: changes; past tense: changed; past participle: changed; gerund or present participle: changing

I'm sure your attorney will appreciate you printing out the definition of the word "change" - the jury will love to see it on a poster board during your felony trial by the DOJ, for possession of an illegal reg-voided AW.

Seriously, if we're at that point, we're playing into the DOJ's hand. We need a gun rights attorney to challenge Rule 5477, preferably in federal court with Trump's 9th Circuit.

Anything else at this point, is a waste of keystrokes, and promoting carpal tunnel.

[ifilef]

Man, what confusion this law has created. So if we have to provide pictures, does that mean I can't change features at all on my legally possessed AW? For example, go from a 16" to a 20" barrel? Add or remove optics??

What a mess.

Those aren't 'features', are they? 30515(a)(1)(A-D)?

[dieselpower]

change
CHānj/
verb
verb: change; 3rd person present: changes; past tense: changed; past participle: changed; gerund or present participle: changing

1.
make or become different.
"a proposal to change the law"
make or become a different substance entirely; transform.
"filters change the ammonia into nitrate"
alter in terms of.
"the ferns began to change shape"
synonyms: alter, make/become different, adjust, adapt, amend, modify, revise, refine; More
reshape, refashion, redesign, restyle, revamp, rework, remodel, reorganize, reorder;
vary, transform, transfigure, transmute, metamorphose, evolve;
informaltweak, doctor, rejig;
technicalpermute
"this could change the face of television"
antonyms: preserve, stay the same
(of traffic lights) move from one color of signal to another.
(of the moon) arrive at a fresh phase; become new.
2.
take or use another instead of.
"she decided to change her name"

A.W.D.

a mag button is simply a tool that stays in place if not molested.

[BucDan]

What about removing the mag button and release entirely? So you have to hold the mag in by hand to the receiver? Since it is never attached, it can't be detached. Just a thought in the wind.

A friction base system would still still mean it's attached so detachable would still ring it, right?