purchasing a california registered AW questions

[buffalkill]

My friend is moving out of state and I want to purchase his FAL. He has had it since the nineties and tells me it is an Entreprise built FAL and that's pretty much all I know about it. can I configure it to a 10rd fixed mag and go to my FFL for ftf transfer, or is there more to it? Anything else I need to look out for?

[18sam2011]

Not going to be able to do it. Assault weapons can not be sold to anyone other than LE in CA with a department letterhead.

[CSACANNONEER]

Not going to be able to do it. Assault weapons will not be sold to anyone other than LE in CA with a department letterhead.

Fixed it for you. The law does allow for it if you can get DOJ approval. I do know one non-LEO, non-FFL, non-movie industry type who has been able to purchase and register 50BMG rifles and AWs. But, he has good reason. From a practical standpoint, it's not going to happen for anyone unless, they already know that they have good cause (think DoD contracts, etc.) to get one.

As fara as buying a RAW goes, if it is listed, you are SOL. If it is an AW by features, one can remove the evil features, de register it and transfer it just like any other firearm.

[tozan]

Being a non-FN varient shouldn't it be ok as long as he complies with standard OLL mods?

[buffalkill]

transfer

just for clarification I am not trying to transfer the AW status to me, just the rifle in a non-aw configuration. does the rifle still need to be "de-registered" and how would we go about doing that?

[hoffmang]

just for clarification I am not trying to transfer the AW status to me, just the rifle in a non-aw configuration. does the rifle still need to be "de-registered" and how would we go about doing that?

If it can be deregistered (aka, it's not listed) then the current owner can make it otherwise CA compliant and deregister it with CA DOJ, then transfer it to you PPT.

-Gene

[emcon5]

If it can be deregistered (aka, it's not listed) then the current owner can make it otherwise CA compliant and deregister it with CA DOJ, then transfer it to you PPT.

-Gene

I know it is legal, but I wouldn't touch this with a 10-foot pole. I would hate to face felony charges because some halfwit in Sacramento didn't do their job properly and didn't take the rifle out of the computer system.

Those clowns (state employees) can't seem to get something trivial like my DMV renewal out in a timely manner, I would hate to rely on them for something important.

[buffalkill]

I know it is legal, but I wouldn't touch this with a 10-foot pole. I would hate to face felony charges because some halfwit in Sacramento didn't do their job properly and didn't take the rifle out of the computer system.

Those clowns (state employees) can't seem to get something trivial like my DMV renewal out in a timely manner, I would hate to rely on them for something important.

Mayby I could get and carry around a letter stating that this is a registered de-registered aw.

[hoffmang]

I know it is legal, but I wouldn't touch this with a 10-foot pole. I would hate to face felony charges because some halfwit in Sacramento didn't do their job properly and didn't take the rifle out of the computer system.

Those clowns (state employees) can't seem to get something trivial like my DMV renewal out in a timely manner, I would hate to rely on them for something important.

1. Just retain a copy of the form/letter you sent and the Fedex tracking info or the Certified Return Receipt.

2. The rifle becomes not an AW simply by features (assuming it's unlisted) so the new owner can't even be charged if it's in the right configuration.

-Gene

[buffalkill]

thanks for all the advice. once again calguns proves to be a great resource to help stay within the laws.

[bwiese]

I'll back what Gene says and add that background support for this was vocalized by DOJ's Randy Rossi & Tim Rieger (Dir, Asst Dir/Dept AG) in 2004 at a "Meet the DOJ" meeting in San Jose.

Note that the seller will first have to convert his AW to CA legal non-AW status, and then file for de-reg the AW with DOJ before any transaction is attempted. In the past, DOJ has sometimes asked to inspect the gun but I don't think that'll occur now.

[buffalkill]

update

I have pursued the transfer of this FAL but having a little trouble. Seems like the CA DOJ and my local FFL's are aways apart from each other on the procedure to transfer this firearm.

I informed the seller of what I learned from this forum and advised him to contact DOJ on how to de-register or cancel the AW registration on this firearm. He was told that since it was not a "listed" firearm it could be modified by the current owner and transfered through an FFL without having to de-register or cancel with the DOJ. He was also informed to send in a "no longer in possesion" notice after the transfer.

I have called several of my local FFL's and the response I get is "once an assault weapon, always an assault weapon. Can't be done" The one FFL I talked to that has an assault weapon permit told me that the only way to transfer a registered assault weapon is to transfer it to them, have them make the modifications, pay them roughly $200, and then transfer the firearm to me.

I guess it's going to be easier and cheaper to purchase a different rifle (different serial # anyway) without having been branded an "Assault weapon"

[C123K_LoadMaster]

I know for a fact if the defining characteristics establishing a firearm as an SB 23 assault weapon are removed, it may then be transferred by a FFL like any other long gun. Saw it done at the Gun Exchange in San Jose and Irvington Arms in Fremont. Only problem doing it this way is the DOJ will not know how to go about de-registering the firearm after the sale because the method is not described on their No Longer in Possession Form.

[Librarian]

I think registering an 'assault weapon' ought to be thought of more like a marriage.

You can take off the rings and amicably divide the property, but you can't get married again until the paperwork is done.

Thus, proper order of operations is

• remove features
• get DOJ to un-register the weapon
• sell the weapon as a non-a-w.

Sorry about the kittens.

[C123K_LoadMaster]

I think registering an 'assault weapon' ought to be thought of more like a marriage.

You can take off the rings and amicably divide the property, but you can't get married again until the paperwork is done.

Thus, proper order of operations is

• remove features
• get DOJ to un-register the weapon
• sell the weapon as a non-a-w.

Sorry about the kittens.

Given the DOJ will take a year or may never de-register the firearm makes what you suggest not practical.