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What you can/cannot or must do with Registered Assault Weapons (RAW)
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- Rich
Originally posted by dantoddA just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success. -
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It would appear I could store my RAW at a property owned by another as long as that property owner and anyone or everyone else does NOT have access to possess said RAW owned by me. ie. locked up in my safe while on his property with his permission and no one has access to the RAW but it's registered owner.- Rich
Originally posted by dantoddA just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.Comment
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I apologize if this has been asked. I read the entire thread but may have missed it.
IF you have a registered lower from, say, 2014 but haven't built it yet, can you register it as an RAW in 2017 and then build it with all the BAD features?
I have a Colts M4 upper in 5.52 (EDIT FOR TYPO 5.56), then purchased and registered a PSA lower with all the parts etc. but haven't built it yet.
To simplify the question, do I have to build the rifle lower to register it or can I register just the lower (with the ser#) as an RAW and build it with all the BAD features at a later date?
I hope that makes sense. Thank you all for your contributions of this confusing topic.Last edited by Ribkick; 12-26-2016, 7:22 PM.sigpic
NoSTAZComment
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What is 5.52?
You can't lawfully build it in 2017 because it would be deemed manufacturing an AW, a felony, with quite severe state prison term. You would need to build it featured with a BB before the end of 2016 to be within the laws, then register it in 2017. The last statement presumes that builds can be registered as an AW. That is not entirely clear to me in light of amd. PC 30900(b)(3):
"The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date the firearm was acquired, the name and address of the individual from whom, or business from which, the firearm was acquired, as well as the registrant’s full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver’s license number or California identification card number."
Nevertheless, I would try to register it; it must be a fully assembled rifle this year in order to register as AW next year.
Perhaps others will politely chime in if their opinion differs.Last edited by ifilef; 12-26-2016, 7:12 PM.Comment
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ETA, your response makes no sense to me. With a registered lower that was bought and ser# registered as a legal lower rifle, 1, 2, 3, 4, or more years ago, how would anyone know when the rifle was built and put into service? It could have been year 1 or 2017 after purchase prior to 2016. Please educate me.Last edited by Ribkick; 12-26-2016, 7:42 PM.sigpic
NoSTAZComment
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ETA, your response makes no sense to me. With a registered lower that was bought and ser# registered as a legal lower rifle, 1, 2, 3, 4, or more years ago, how would anyone know when the rifle was built and put into service? It could have been year 1 or 2017 after purchase prior to 2016. Please educate me.
It does not state "The firearm" (which WOULD include the lower), it states "AW"
A bare lower is by definition not an AW because it is not:
(A semiautomatic pistol) or ((A centerfire) AND semiautomatic) rifle
with SB23 features and a non-fixed magazine.
Even a completed lower without an upper attached is neither centerfire nor semiautomatic.
The wording of the law is clear that at some point prior to 1/1/2017 the gun must have been in a configuration that was legal from 2001-2016 but also illegal beginning 1/1/2017.
The 2017 registration period ONLY provides for an exemption for possession, not an exemption for importation and manufacture.
It is up to you to decide "what they know about" and "what you can get away with"... but keep in mind that these DOJ forms all have above the signature line "I certify under penalty of perjury...."
The purpose of this forum is to discuss the law and legalities and how they apply... not to discuss "what we can get away with". That is an individual decision and risk that everyone needs to think through.- Rich
Originally posted by dantoddA just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.Comment
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The law states that the "AW" (2017 definition) must have been lawfully possessed from 2001 to 2016 inclusive.
It does not state "The firearm" (which WOULD include the lower), it states "AW"
A bare lower is by definition not an AW because it is not:
(A semiautomatic pistol) or ((A centerfire) AND semiautomatic) rifle
with SB23 features and a non-fixed magazine.
Even a completed lower without an upper attached is neither centerfire nor semiautomatic.
The wording of the law is clear that at some point prior to 1/1/2017 the gun must have been in a configuration that was legal from 2001-2016 but also illegal beginning 1/1/2017.
The 2017 registration period ONLY provides for an exemption for possession, not an exemption for importation and manufacture.
It is up to you to decide "what they know about" and "what you can get away with"... but keep in mind that these DOJ forms all have above the signature line "I certify under penalty of perjury...."
The purpose of this forum is to discuss the law and legalities and how they apply... not to discuss "what we can get away with". That is an individual decision and risk that everyone needs to think through.sigpic
NoSTAZComment
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Sorry, typo. 5.56
ETA, your response makes no sense to me. With a registered lower that was bought and ser# registered as a legal lower rifle, 1, 2, 3, 4, or more years ago, how would anyone know when the rifle was built and put into service? It could have been year 1 or 2017 after purchase prior to 2016. Please educate me.
You can't build it featured with BB in 2017 and then register in 2017 if you want to follow the law. Don't build it in 2017 as featured with BB- it would constitute manufacturing an AW, as I already mentioned to you before.Comment
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You are willfully misquoting me in the portion above in red, earlier post.
You can't build it featured with BB in 2017 and then register in 2017 if you want to follow the law. Don't build it in 2017 as featured with BB- it would constitute manufacturing an AW, as I already mentioned to you before.- Rich
Originally posted by dantoddA just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.Comment
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Oh, I do now see the question mark which indicates that he doesn't understand the difference between building featured wih BB in 2017 (illegal) and building featured with BB in 2016 (legal) nor does he apparently understand that a weapon that is featured with BB can legally be converted to featureless in 2016 or 2017.Last edited by ifilef; 12-26-2016, 9:43 PM.Comment
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Can I transport let's say two or more lowers that registered as RAWs in a locked case without uppers attached?
Example: I'd like to transport both my ARs in a single case. I would remove the uppers and set them on the back seat of my truck. The lowers would be locked away in a fully enclosed hard case. Is this legal?
Sent from my SM-G930T using TapatalkComment
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Are you conceding that based on the DOJ memo to the FFLs, or still maintaining that it must be registered but may then be de-registered?
Or are you not commenting to the registration issue at all and merely legality.- Rich
Originally posted by dantoddA just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.Comment
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