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MERGED THREADS "Bullet Button Assault Weapon" Regs
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In my view, a rifle above 80% is legally a firearm, and thus is "completed" provided the BB is attached (and, possibly, a single evil feature). But, for the reasons stated above, it doesn't matter... which is why DOJ didn't write eight rules to Sunday about it (like, um, removing the BB from your rifle).Comment
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Under those circumstances, you did the smart thing by cooperating with him.
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Here is the statute. There may be others statutes of which I'm not aware. It appears maybe he did not have the right to inspect without reasonable suspicion or probable cause. Then again, officer safety.. I don't know what would be the appropriate standard for that but it appears your location at the time may not have fit within the statute.
In any event, you did the better thing by cooperating due to the alleged trail shooting incident and having to move.
PC 25850.
"(a) A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.
(b) In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on the person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section.
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Hhhmmm... You were shooting in authorized area, right. Is BLM land public place? Beats me...
So even if you refused how could you be arrested for carrying a loaded firearm for that refusal? Whatever, just thinking out loud, purely academic exercise.
thanks and cheers,Last edited by ifilef; 01-03-2017, 1:08 AM.Comment
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I don't want to start a debate on that. Even if you bought a stripped lower on December 21 and cleared DROS on December 31, there is no statutory way to validate that.
In my view, a rifle above 80% is legally a firearm, and thus is "completed" provided the BB is attached (and, possibly, a single evil feature).Comment
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Yes it's a firearm, but it's not a semiautomatic centerfire rifle at that point until it's fully completed. And that's what AW registration is involving, not just any firearm. This has been established long before the regulations came out, and there hasn't been any disagreement over this.
DOJ is not asking for you to prove the gun was assembled 100% by December 31, because they can't. If they cared, they would have published the final rule by October, or November - giving people sufficient time to make sure it was in that state at the stroke of midnight.
Unlike Rule 5477, I don't think anyone at DOJ cares. At all.Comment
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That just opens a can of theoretical worms, like what if at the stroke of midnight you were cleaning or repairing your rifle. Like I said, there is no statutory way to validate that, and in retaining gun rights, the broadest interpretation works (including with what DOJ could charge you with).Comment
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We were all unloaded already and we had put the firearms on a fold out table we brought next to the truck. He asks politely to do a safety check and we said yes. Our rifles where bolt open, no mag. He just stared at it on the table then pushed the mag release, I assume to see if the button worked but I have no idea what he was doing. He didn't even pick it up.
He checked an AK and my .338 Lapua bolt gun, but he didn't pick those up either, he just looked. Then he walked over to us and said "ok, be safe" and said something about sundown time and drove off. We ended up moving 50 yards away and kept shooting for hours.Originally posted by doggieSomeone must put an end to this endless bickering by posting the unadulterated indisputable facts and truth.Originally posted by PMACA_MFGNot checkers, not chess, its Jenga.
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It's clear to me that, as a Federal Right, Federal definitions should apply. Imagine if the 13th had prohibited slavery, but we let the South define the terms. Check the actions of the AG over civil rights in the sixties for where this will have to go. With luck we can make Newsom as unpopular as George Wallace.Comment
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It's not my interpretation of what they think it's their interpretation of what they think lol.
Where did you find that? Legislative history? I do think there is no ambiguity that would require a look at legislative history, as SB 880 plainly limits registration to bullet button rifles and plainly does not allow registration of SB 23 AWs.
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Which covers more than just the Bullet Button. It covers the iterations of the BB, Raddlock, the original Prince50 kit (which for early adopters, meant reloading by splitting the upper & lower), and whatever other variations exist on the "bullet is a tool" category of magazine releases.Comment
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