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Pre 1898 firearm inside a GFSZ?

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  • gun toting monkeyboy
    Calguns Addict
    • Aug 2008
    • 6820

    Pre 1898 firearm inside a GFSZ?

    Ok, I started wondering about this after posting in the felons/pre 98 mauser thread.

    If the GFSZ is a Federal law, and the Federal government considers pre-1898 firearms to be non-guns, can we UOC them inside the 1000' zone? I mean, by definition, it isn't a firearm to the Feds. You can't violate the GFSZ with something that they have told you is NOT a firearm, can you? Just curious.

    -Mb
    Originally posted by aplinker
    It's OK not to post when you have no clue what you're talking about.
  • #2
    Mssr. Eleganté
    Blue Blaze Irregular
    CGN Contributor - Lifetime
    • Oct 2005
    • 10401

    Originally posted by gun toting monkeyboy
    ...If the GFSZ is a Federal law, and the Federal government considers pre-1898 firearms to be non-guns, can we UOC them inside the 1000' zone?
    California has its own gun free school zone law. So even though the Feds couldn't touch you, California could throw you in prison.
    __________________

    "Knowledge is power... For REAL!" - Jack Austin

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    • #3
      gun toting monkeyboy
      Calguns Addict
      • Aug 2008
      • 6820

      California has its own gun free school zone law. So even though the Feds couldn't touch you, California could throw you in prison.
      Dang. I thought I had found a cool new loophole. Oh well.
      Originally posted by aplinker
      It's OK not to post when you have no clue what you're talking about.

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      • #4
        fd15k
        Senior Member
        • Mar 2008
        • 1049



        +



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        • #5
          GettoPhilosopher
          Senior Member
          • Sep 2010
          • 1814

          I've been wondering about CA GFSZ laws.

          This section does not prohibit or limit the otherwise lawful
          transportation of any other firearm, other than a pistol,
          revolver, or other firearm capable of being concealed on the
          person, in accordance with state law.
          So by CA law (ignoring Fed GFSZ), you can lawfully transport of any other firearm (i.e. long guns). This is why as far as CA is concerned, you do not need to lock up your unloaded long guns while driving them. However, Fed says they must be locked in a case.

          If this is true, and the wording is "otherwise lawful transportation".....does this mean by CA law you could UOC a long gun in a school zone? (I know, Fed would still nail you. But solely as far as CA goes?)

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          • #6
            choprzrul
            Calguns Addict
            • Oct 2009
            • 6541

            MMM: Mauser March Movement

            .

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            • #7
              Anchors
              Calguns Addict
              • Apr 2010
              • 5940

              Originally posted by GettoPhilosopher
              I've been wondering about CA GFSZ laws.



              So by CA law (ignoring Fed GFSZ), you can lawfully transport of any other firearm (i.e. long guns). This is why as far as CA is concerned, you do not need to lock up your unloaded long guns while driving them. However, Fed says they must be locked in a case.

              If this is true, and the wording is "otherwise lawful transportation".....does this mean by CA law you could UOC a long gun in a school zone? (I know, Fed would still nail you. But solely as far as CA goes?)
              What about a federally registered AOW, legally owned in CA with an NFA trust?
              This is not a handgun:


              I guess that would still run afoul with FGFSZ even if it would pass CAGFSZ..
              Plus it would look terrible and be really stupid to actually shoot with your hand on that grip (there's a video of a guy that had one on a FA Glock and it broke and he shot himself in the hand )
              Last edited by Anchors; 09-24-2011, 9:25 PM.

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              • #8
                tabrisnet
                Senior Member
                • Nov 2010
                • 526

                What, not a Mille Mauser March ? (Mille so we'd only need 1000)
                Life SAF Member
                Life GOA Member
                EFF Member
                x7

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                • #9
                  ckprax
                  Senior Member
                  • Jan 2011
                  • 1496

                  CA GFSZ is only for handguns, the federal GFSZ includes long guns. Since the mauser is not a firearm, it would seem to be legal. I wouldn't try it.

                  A slight twist on this would be to openly carry an unloaded black powder muzzleloader. Since they are not considered to be firearms unless loaded.

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                  • #10
                    Mssr. Eleganté
                    Blue Blaze Irregular
                    CGN Contributor - Lifetime
                    • Oct 2005
                    • 10401

                    Originally posted by ckprax
                    CA GFSZ is only for handguns, the federal GFSZ includes long guns. Since the mauser is not a firearm, it would seem to be legal. I wouldn't try it.
                    The CA GFSZ includes possession of long guns, unless you are "transporting" them. I don't know how they define "transportation" in the law though.
                    __________________

                    "Knowledge is power... For REAL!" - Jack Austin

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