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What you can/cannot or must do with Registered Assault Weapons (RAW)

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  • Cokebottle
    Seņor Member
    CGN Contributor - Lifetime
    • Oct 2009
    • 32373

    Originally posted by Quiet
    If you store or transport the "NFA" uppers with the AR rifle, then yes.
    In the absence of the AR pistol.

    Having everything together (one safe, one vehicle, one shooting area) should pose no problem.
    - Rich

    Originally posted by dantodd
    A 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

    • Mstrty
      Senior Member
      • Nov 2008
      • 2443

      .
      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.
      ~ ~

      Comment

      • Cokebottle
        Seņor Member
        CGN Contributor - Lifetime
        • Oct 2009
        • 32373

        Originally posted by Mstrty
        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.
        "May possess it"
        - Rich

        Originally posted by dantodd
        A 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

        • Mstrty
          Senior Member
          • Nov 2008
          • 2443

          Originally posted by Cokebottle
          "May possess it"
          I read that as: storage is fine anywhere I have permission, while no one but me "may possess it".
          ~ ~

          Comment

          • Ribkick
            Senior Member
            • Feb 2012
            • 702

            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

            NoSTAZ

            Comment

            • ifilef
              Banned
              • Apr 2008
              • 5665

              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

              • Ribkick
                Senior Member
                • Feb 2012
                • 702

                Originally posted by ifilef
                (or during 2017 and registered as AW prior to 12/31/17?) in order to register as AW next year.

                Perhaps others will politely chime in if their opinion differs.
                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.
                Last edited by Ribkick; 12-26-2016, 7:42 PM.
                sigpic

                NoSTAZ

                Comment

                • Cokebottle
                  Seņor Member
                  CGN Contributor - Lifetime
                  • Oct 2009
                  • 32373

                  Originally posted by Ribkick
                  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.
                  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.
                  - Rich

                  Originally posted by dantodd
                  A 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

                  • ACfixer
                    Calguns Addict
                    • Feb 2012
                    • 6050

                    Originally posted by Cokebottle
                    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.
                    Well said.
                    Buy made in USA whenever possible.

                    Comment

                    • Ribkick
                      Senior Member
                      • Feb 2012
                      • 702

                      Originally posted by Cokebottle
                      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.
                      Thank you, Cokebottle. That clarifies it for me. It was built w/BB prior to 12/31/2016 so it will qualify to register as an AW in 2017. My concern was it was purchased and then sat on a shelf for a long time prior to building.
                      sigpic

                      NoSTAZ

                      Comment

                      • ifilef
                        Banned
                        • Apr 2008
                        • 5665

                        Originally posted by Ribkick
                        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 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.

                        Comment

                        • Cokebottle
                          Seņor Member
                          CGN Contributor - Lifetime
                          • Oct 2009
                          • 32373

                          Originally posted by ifilef
                          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.
                          I think the red was a question, not misquote
                          - Rich

                          Originally posted by dantodd
                          A 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

                          • ifilef
                            Banned
                            • Apr 2008
                            • 5665

                            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

                            • ninja750r
                              Member
                              • Feb 2014
                              • 216

                              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 Tapatalk

                              Comment

                              • Cokebottle
                                Seņor Member
                                CGN Contributor - Lifetime
                                • Oct 2009
                                • 32373

                                Originally posted by ifilef
                                nor does he apparently understand that a weapon that is featured with BB can legally be converted to featureless in 2016 or 2017.

                                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 dantodd
                                A 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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