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

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  • iano1
    Senior Member
    • Mar 2010
    • 822

    Thank you. That seems reasonable considering. Hopefully we'll find out whether registering means we can ditch BB before 2018

    Originally posted by ifilef
    Current regulation:

    (a) The DOJ will accept voluntary cancellations for assault weapons that are no longer possessed by the registrant. Cancellations will also be accepted for assault weapons, defined and registered pursuant to Penal Code section 30515, that have been modified or reconfigured to no longer meet the assault weapon definition

    Comment

    • Librarian
      Admin and Poltergeist
      CGN Contributor - Lifetime
      • Oct 2005
      • 44624

      Originally posted by abishai
      How is this? I thought the DROSS simply records "long gun"? How recently did they start recording "non-AW AR"?

      Please explain.
      That was 2013 and earlier; the law changed for 2014.
      ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

      Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

      Comment

      • Librarian
        Admin and Poltergeist
        CGN Contributor - Lifetime
        • Oct 2005
        • 44624

        Folks, discussion of how to register or avoid registration are off-topic for this thread.

        This one is for what you can do with a REGISTERED 'assault weapon'.

        Threads over in http://www.calguns.net/calgunforum/f...splay.php?f=71 for the new regulations.
        ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

        Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

        Comment

        • oleg114208
          Junior Member
          • May 2015
          • 33

          can I legally install regular mag button on lower with out mag inserted or upper on it?

          I'm asking caz of this.

          Our DFM products are dropped in fixed magazines & consist of a variety of products available for AR & HK platforms. Check out our top-selling AR bolt catch today!

          Comment

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

            Originally posted by oleg114208
            can I legally install regular mag button on lower with out mag inserted or upper on it?

            I'm asking caz of this.

            https://www.franklinarmory.com/collections/dfm
            The law allows for removal of the magazine with the upper pivoted forward.
            The DFM requires that the upper be pivoted forward to be removed, regardless of the type of magazine release.

            Do not under any circumstances close the upper with the DFM removed.
            - 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

            • oleg114208
              Junior Member
              • May 2015
              • 33

              so you can have regular mag button installed if you don't have upper on it?

              Comment

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

                Originally posted by oleg114208
                so you can have regular mag button installed if you don't have upper on it?
                With the upper removed, the lower is defined in the new regs as "not a semiautomatic centerfire firearm"
                - 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

                • oleg114208
                  Junior Member
                  • May 2015
                  • 33

                  Originally posted by Cokebottle
                  With the upper removed, the lower is defined in the new regs as "not a semiautomatic centerfire firearm"
                  got it thanks. caz u didn't need bullet button for rim fired.

                  Comment

                  • Chuck S
                    Junior Member
                    • Apr 2015
                    • 3

                    Originally posted by Librarian
                    It's a real question, and nobody who knows what the regulations will be is saying yet.

                    This is probably the most frequent of the FAQs; nobody want to accept that the answer is not yet known.

                    Let us not speculate on that in this thread; there are other threads, but that is off topic for this one.
                    There doesn't seem to be much speculation if you read the regulations that DOJ sent to the Office of Administrative Law for approval. Registration of AW's, if the regulations are approved as written, will require 4 digital photographs although no with all the other registration information. One of those photos is to be specifically of the installed bullet button. Which means you are registering it with the bullet button and any modification to change to a standard mag release would render your AW registration void.

                    Comment

                    • nicky c
                      Member
                      • Jun 2016
                      • 465

                      Originally posted by Cokebottle
                      Bill Weise addressed this in his thread that went into much detail.

                      Registration provides an exemption from prosecution for possession, transport, importation, and lending of (the registered) AW, provided that specific provisions are met.

                      IF the AW features are not present, the firearm itself is not an AW, and thus is not subject to the restrictions specified by the law.
                      This precedence goes back to the original SB23 Category 3 AW (features) statute.
                      The firearm does not have to be de-registered to be temporarily removed from AW status and thus not subject to AW laws.

                      BUT...

                      Care must be taken to avoid culpability as having a "broken" AW, specifically, case law in a situation where the owner removed the bolt from a rifle and claimed it was not a semiautomatic, centerfire rifle.
                      Simply removing the upper and transporting it in the same vehicle would most likely not provide an exemption.
                      Installation of a dedicated 22lr upper without a centerfire upper in the vehicle most likely would.
                      Bringing this thread back onto topic of RAW's and what may be done with them....

                      The new DOJ AW regs state that AR15 style weapons with the upper and lower separated do not meet the definition of a semiautomatic weapon. They go on to state that a weapon missing a crucial component to it's semiautomaitc functionality is no longer a semiautomatic weapon. Reference CCR 5471 (hh)(1-4)

                      In light of these clarifications by the DOJ, how does that change your perspective on RAW transportation requirements?? Is it still a RAW if a semiautomatic weapon is not present?

                      Comment

                      • Librarian
                        Admin and Poltergeist
                        CGN Contributor - Lifetime
                        • Oct 2005
                        • 44624

                        Originally posted by Chuck S
                        There doesn't seem to be much speculation if you read the regulations that DOJ sent to the Office of Administrative Law for approval. Registration of AW's, if the regulations are approved as written, will require 4 digital photographs although no with all the other registration information. One of those photos is to be specifically of the installed bullet button. Which means you are registering it with the bullet button and any modification to change to a standard mag release would render your AW registration void.
                        Since the post you quote is from October, I hope you can forgive that it did not include knowledge made available at the end of December ...
                        ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                        Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                        Comment

                        • Ford8N
                          Banned
                          • Sep 2002
                          • 6129

                          Originally posted by Chuck S
                          There doesn't seem to be much speculation if you read the regulations that DOJ sent to the Office of Administrative Law for approval. Registration of AW's, if the regulations are approved as written, will require 4 digital photographs although no with all the other registration information. One of those photos is to be specifically of the installed bullet button. Which means you are registering it with the bullet button and any modification to change to a standard mag release would render your AW registration void.
                          I see what you are saying but that is not what was passed in the legislature. There is a huge disconnect which I think will either be need to be a test case or just a ruling by a judge. I hope the test case doesn't involve other issues that "color" the AW part. Example...some druggy, wife beater or illegal alien child molester caught with an add on AW charge... I hate that these Public Defenders always involve our firearms rights in their court cases defending people who I would never associate with and 100% agree should be in prison for life or executed..

                          Comment

                          • pacrimguru
                            Veteran Member
                            • Sep 2008
                            • 3595

                            Originally posted by nicky c
                            Bringing this thread back onto topic of RAW's and what may be done with them....

                            The new DOJ AW regs state that AR15 style weapons with the upper and lower separated do not meet the definition of a semiautomatic weapon. They go on to state that a weapon missing a crucial component to it's semiautomaitc functionality is no longer a semiautomatic weapon. Reference CCR 5471 (hh)(1-4)

                            In light of these clarifications by the DOJ, how does that change your perspective on RAW transportation requirements?? Is it still a RAW if a semiautomatic weapon is not present?
                            Please see: http://www.calguns.net/calgunforum/s...78&postcount=9

                            Comment

                            • Mandalorian
                              Member
                              • Jan 2012
                              • 386

                              Tagged😢

                              Comment

                              • dwightlooi
                                Member
                                • Mar 2007
                                • 460

                                A few things before everyone goes totally bonkers....

                                (1) EVERYTHING said and argued about on this thread thus far is based on PROPOSED REGUALTIONS submitted by the DOJ.

                                (2) Proposed Regulations may or may not be accepted as drafted and are often withdrawn due to legal challenges by affected parties.

                                (3) LAW and REGULATIONS are not one and the same. Laws authorizes agencies to regulate in accordance to the law. Regulations must comply with the law and cannot exceed the authority granted by the law.

                                (4) You can be 100% certain the current DRAFT will be challenged.

                                (5) The requirement that the Bullet Button not be changed is not depicted in the legislation or authorized by it. As such it will be challenged and it stands on thin ice.

                                (6) The legislation (law) specifically changes the definition of a detachable magazine to include magazines that can be released with a tool (ie. bullet button). The legislation requires firearms with a detachable magazine, which meets the definitions of an assault weapons by features, be registered and empowers the DOJ to conduct such a registration within a certain time window (Jan 2017 thru Dec 31st 2017).

                                (7) The legislation (law) did not authorize the DOJ to create two classes of "detachable" magazine assault weapons or empower it to regulate how different styles of magazine releases must be maintained with registered assault weapons. As such, it is highly likely that the DOJ decision to do so will be ruled to be exceeding its authority under the law.


                                That's all. Have a happy new year.

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