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This thread mentions this story which is kind of similar to your scenario. Granted, in this case, the guy's rifles weren't OLLs (in violation of PC 12276), but the letter of the law states a fixed magazine that accepts more than 10 rounds is an illegal assault weapon (PC 12276.1 (a)(2)).
Would it happen? Depends on a lot of things I think, such as the jurisdiction this happens in, whether or not the cops file charges, or whether or not the DA decides to prosecute. I don't know about you, but I'd rather not be a test case. -
If you are using a 10+ round magazine in a BB equipped AR then you are illegally creating an AW.
The fact that you may have used it in a self-defense situation does not make creating an AW "less illegal".
Since you have a featureless one already just outfit the featureless as your "go to" rifle, then you have no issues to worry about.Comment
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This.
I personally would rather have a gun that is legally configured for any situation where LE gets involved, especially it's a situation where the firearm needs to be pointed at someone or, God forbid, fired at them. Go with the featureless, or better yet, a pistol or shotgun. Most self defense situations won't call for the kind of range/penetration a .223 has anyway.Comment
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seems last week this same question was posted....Comment
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You're talking about committing a felony while defending yourself with an EBR in California. As it is in CA if you defend yourself with an EBR you better look damn squeaky clean if you want the authorities on your side.
You really should think about how Felony AW possession will look after you just possibly killed a man regardless of the circumstance. There is also no such thing as a clear case of self defense. It will be you claiming you needed to kill the man while committing a felony of your own, with likely no witnesses to your defense, and a dead man killed by your illegal gun. This is not rocket science.Last edited by stix213; 04-07-2011, 1:43 PM.Comment
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Things usually turn out best for those who make the best of how things turn out.Comment
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If some how you were trapped in a room in your home and all you had was your AR and some pre-ban mags, I'm pretty sure you could use them against armed attackers and not be convicted. Of course, you would have to prove beyond a shadow of a doubt that you really had no other alternative to preserve your own life.
Now, if the guy was just drunk in the wrong apartment, then you're pretty screwed when you shoot him with your illegal AW.OCSD Approved CCW Instructor
NRA Certified Instructor
CA DOJ Certified Instructor
Glock Certified ArmorerComment
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If some how you were trapped in a room in your home and all you had was your AR and some pre-ban mags, I'm pretty sure you could use them against armed attackers and not be convicted. Of course, you would have to prove beyond a shadow of a doubt that you really had no other alternative to preserve your own life.
Now, if the guy was just drunk in the wrong apartment, then you're pretty screwed when you shoot him with your illegal AW.Comment
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