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  • Stickboy-E2
    Junior Member
    • Nov 2009
    • 9

    AR's on "publicly owned land"

    I've searched the site, but can't find a thread that specifically addresses this question.

    Is it legal to shoot a registered AR on public lands?

    I attached the relevant statue, below. The issue is paragraph (6). I think the technicality is that a registered AR meets the criteria described by 12276.1, therfore would not be authorized on public lands. (I assume that the BLM does not specifically permit AR's). Ironically, "CA Legal" types *are* OK, since they do not have the "evil features" (usually, detachable magazine or pistol grip.)

    Advice as to where to turn to find the specific answer (and documentation, to support it) would be appreciated.

    Thanks,
    -sb


    12285(c):

    (c) A person who has registered an assault weapon or registered a .50 BMG rifle under this section may possess it only under any of the following conditions unless a permit allowing additional uses is first obtained under Section 12286:

    (1) At that person's residence, place of business, or other property owned by that person, or on property owned by another with the owner's express permission.

    (2) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets.

    (3) While on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.

    (4) While on the premises of a shooting club which is licensed pursuant to the Fish and Game Code.

    (5) While attending any exhibition, display, or educational project which is about firearms and which is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.

    (6) While on publicly owned land if the possession and use of a firearm described in Section 12276,12276.1, or 12278, is specifically permitted by the managing agency of the land.

    (7) While transporting the assault weapon or .50 BMG rifle between any of the places mentioned in this subdivision, or to any licensed gun dealer, as defined in subdivision (c) of Section 12290, for servicing or repair pursuant to subdivision (b) of Section 12290, if the assault weapon is transported as required by Section 12026.1.
  • #2
    bwiese
    I need a LIFE!!
    • Oct 2005
    • 27616

    In CA, registered AWs must be possessed/used with the express consent of the landowner.

    I would only regard appropriate permission as that coming from the agency head, its attorney or someone speaking officially for him/her who's been delegated those duties -- and not a local office/ranger/etc. (Otherwise, that's akin to asking an IRS phone clerk if you can deduct a Rolex for your basset hound. Whatever she says, it's irrelevant - from the wrong source with no rational authority.)

    A perfect example is the BLM permission: BLM lands in CA (unshared, and under BLM mgmt) have expression permission by director of Region 5 for legal, registered AWs to be used for all lawful activities.

    Remember that registered AWs must be unloaded, locked up, and transported directly between areas where they're expressly authorized - no driving around with an reg'd AW as a 'trunk gun'.

    Do note that some reg'd AWs [Category 3 only!] can have sufficient features changed/removed to render them in non-AW status for purposes of transport/shipment.

    Bill Wiese
    San Jose, CA

    CGF Board Member / NRA Benefactor Life Member / CRPA life member
    sigpic
    No postings of mine here, unless otherwise specifically noted, are
    to be construed as formal or informal positions of the Calguns.Net
    ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
    employer. No posts of mine on Calguns are to be construed as
    legal advice, which can only be given by a lawyer.

    Comment

    • #3
      wildhawker
      I need a LIFE!!
      • Nov 2008
      • 14150

      After reading your post twice, I'm unsure if you're clear on AW status and registered AWs. If you are, please forgive me.

      Are you asking about true "registered" assault weapons (~ on or before Jan 23, 2001)? Some confuse AW registration with DROS/4473.

      Also, note that CA-compliant builds may have evil features provided it is not capable of accepting a detachable mag (via maglock device like a Bullet Button).

      Originally posted by Stickboy-E2
      I've searched the site, but can't find a thread that specifically addresses this question.

      Is it legal to shoot a registered AR on public lands?

      I attached the relevant statue, below. The issue is paragraph (6). I think the technicality is that a registered AR meets the criteria described by 12276.1, therfore would not be authorized on public lands. (I assume that the BLM does not specifically permit AR's). Ironically, "CA Legal" types *are* OK, since they do not have the "evil features" (usually, detachable magazine or pistol grip.)

      Advice as to where to turn to find the specific answer (and documentation, to support it) would be appreciated.

      Thanks,
      -sb


      12285(c):

      (c) A person who has registered an assault weapon or registered a .50 BMG rifle under this section may possess it only under any of the following conditions unless a permit allowing additional uses is first obtained under Section 12286:

      (1) At that person's residence, place of business, or other property owned by that person, or on property owned by another with the owner's express permission.

      (2) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets.

      (3) While on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.

      (4) While on the premises of a shooting club which is licensed pursuant to the Fish and Game Code.

      (5) While attending any exhibition, display, or educational project which is about firearms and which is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.

      (6) While on publicly owned land if the possession and use of a firearm described in Section 12276,12276.1, or 12278, is specifically permitted by the managing agency of the land.

      (7) While transporting the assault weapon or .50 BMG rifle between any of the places mentioned in this subdivision, or to any licensed gun dealer, as defined in subdivision (c) of Section 12290, for servicing or repair pursuant to subdivision (b) of Section 12290, if the assault weapon is transported as required by Section 12026.1.
      Brandon Combs

      I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

      My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

      Comment

      • #4
        Stickboy-E2
        Junior Member
        • Nov 2009
        • 9

        wildhawker-

        I'm asking about a true "registered assault weapon" (Imported into the state with a permit for Active Duty-Military)

        Sorry about the confusion, though. In re-reading the post , I realize that 12285(c) applies only to "registered assault weapons."

        Correct me if I'm wrong, but weapons with a bullet button or similar device don't meet the definition of AR, so this paragraph doesn't apply to these.

        Thanks,
        -sb

        Comment

        • #5
          bwiese
          I need a LIFE!!
          • Oct 2005
          • 27616

          Originally posted by Stickboy-E2
          I'm asking about a true "registered assault weapon" (Imported into
          the state with a permit for Active Duty-Military)

          Sorry about the confusion, though. In re-reading the post , I realize that 12285(c) applies only to "registered assault weapons."
          Yes, I has assumed you had a real registered AW.

          The provisions/restrictions and caveats I posted above are indeed applicable.

          Correct me if I'm wrong, but weapons with a bullet button or similar device don't meet the definition of AR, so this paragraph doesn't apply to these.
          Indeed. Such off-list rifle configurations are *not* CA-defined assault weapons per 12276.1PC and are just ordinary semiauto centerfire rifles.
          BulletButtons are not always needed if the rifle has no evil features, and instead uses a modified grip that is not legally regardable as either a pistol grip or thumbhole stock.

          Bill Wiese
          San Jose, CA

          CGF Board Member / NRA Benefactor Life Member / CRPA life member
          sigpic
          No postings of mine here, unless otherwise specifically noted, are
          to be construed as formal or informal positions of the Calguns.Net
          ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
          employer. No posts of mine on Calguns are to be construed as
          legal advice, which can only be given by a lawyer.

          Comment

          • #6
            wildhawker
            I need a LIFE!!
            • Nov 2008
            • 14150

            Non-RAW AR-style rifles with bullet buttons (typically used to make CA compliant a rifle configured with evil features) are not subject to AW possession/use/transport restrictions (for clarity, neither are non-RAW featureless builds).

            ETA: Looks like Bill provided you with the info you needed.

            Originally posted by Stickboy-E2
            wildhawker-

            I'm asking about a true "registered assault weapon" (Imported into the state with a permit for Active Duty-Military)

            Sorry about the confusion, though. In re-reading the post , I realize that 12285(c) applies only to "registered assault weapons."

            Correct me if I'm wrong, but weapons with a bullet button or similar device don't meet the definition of AR, so this paragraph doesn't apply to these.

            Thanks,
            -sb
            Brandon Combs

            I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

            My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

            Comment

            • #7
              M1A Rifleman
              Veteran Member
              • Oct 2005
              • 3507

              Review the web page of the land your going to. For instance, most of the National Forest Lands state that target shooting is legal and legally registered AW's are also legal, however you need to check with the County LEO for instance. Keep a copy of your paperwork with you as well as a copy of the relevent webpage stating AW are ok. Follow all rules and DONT shoot close to roads or the public. Follow a 4WD trail way in away from others. Use a suitable backstop - no trees.
              Last edited by M1A Rifleman; 01-18-2010, 4:45 PM.
              The only thing that is worse than an idiot, is someone who argues with one.

              Comment

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