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

[dwightlooi]

The following PROPOSED REGULATIONS:-

$5477. Registration of Assault Weapons Pursuant to Penal Code Section 30900(b)(11); Post-Registration Modification of Registered Assault Weapons, Prohibition.

(a) The release mechanism for an amnunition feeding device on an assault weapon registeredpursuant to Penal Code section 30900, subdivision (b)(1) shall not be changed after the assault weapon is registered.

(b) The prohibition in subdivision (a) does not extend to the repair or like-kind replacement of the mechanism.

(c) This prohibition in subdivision (a) does not extend to a firearm that is undergoing the de-registration process pursuant to section 5478. Written
confirmation from the Department that acknowledges the owner's intent to
de-register his or her assault weapon pursuant to section 5478 shall be proof the de-registration process has been initiated.

Note: Authority cited: Section 30900 Penal Code. Reference: Sections 30515, 30680, 30900 and 30950 Penal Code.

Will be challenged very simply under the grounds that: Penal Code 30900 Subdivision

(b) (1) Any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined in Section 30515, including those weapons with an ammunition feeding device that can be readily removed from the firearm with the use of a tool, shall register the firearm before January 1, 2018, but not before the effective date of the regulations adopted pursuant to paragraph (5), with the department pursuant to those procedures that the department may establish by regulation pursuant to paragraph (5).

(2) Registrations shall be submitted electronically via the Internet utilizing a public-facing application made available by the department.

(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.

(4) The department may charge a fee in an amount of up to fifteen dollars ($15) per person but not to exceed the reasonable processing costs of the department. The fee shall be paid by debit or credit card at the time that the electronic registration is submitted to the department. The fee shall be deposited in the Dealers’ Record of Sale Special Account to be used for purposes of this section.

(5) The department shall adopt regulations for the purpose of implementing this subdivision. These regulations are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

Does not prohibit the alteration, addition or removal of any feature on Registered Assault Weapons. It merely requires that such weapons, legally obtained between 2000 and 2016 (inclusive) be-registered within the allowed time window. Hence, the CA DOJ does not have the legal basis or authority to enact any prohibition to this regard. Specifically, the CA DOJ does not have the legal basis or authority to prohibit the addition, removal or alteration of the magazine release method, pistol grip, adjustable/foldng stock, thumb hole, flash hider, bayonet lug, grenade launcher or forward pistol grip on legally owned and registered assault weapons.

[trackerdan]

Wow, didn't know there was a mandatory minimum 4 year sentence.

That's so they can take once law abiding, tax paying citizens and turn them into hard core felons. All the while releasing the real hardcore nonproductive felons onto the streets to murder and main at their leisure.

[tokyodrftr]

This is pretty stupid question. But I assume I can't put my RAW (AR pistol) on my CCW card but what about a non-RAW pistol?


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[Virginian]

This is pretty stupid question. But I assume I can't put my RAW (AR pistol) on my CCW card but what about a non-RAW pistol?


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Isn't a non-RAW pistol just a pistol. From that point you exempt a number of laws with a CCW, so I think the choice to permit would be with the issuing agency.
I'm not a lawyer, but it seems that the one to ask is the guy that signs your card. Best advice you'll get from me is "don't assume anything". ;-)

[lordmorgul]

This is pretty stupid question. But I assume I can't put my RAW (AR pistol) on my CCW card but what about a non-RAW pistol?


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Not a stupid question. You would almost uselessly waste a slot on your card though, because the "defined destination" requirements for transport of a RAW and the transport condition requirements of a RAW make it impossible to carry one concealed even if you have license to do so... it would be illegal transport while legal possession.


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[dwightlooi]

Not a stupid question. You would almost uselessly waste a slot on your card though, because the "defined destination" requirements for transport of a RAW and the transport condition requirements of a RAW make it impossible to carry one concealed even if you have license to do so... it would be illegal transport while legal possession.

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Actually, that is an arguable case. The transport requirements for RAWs is essentially the same as that for handguns in general. If the handgun's transport requirement is voided by the CCW so should the RAW's transport requirements. The simplest of argument is that the transport requirements are for conveyance of the firearm from it's place of storage (home) to the place of legal use (range). The CCW turns the entire USA, with the exception of certain "gun free zones" and other prohibited locales, to the place of use (range). Therefore, there is no transport requirement because you are ALWAYS already on a legitimate shooting location.

[icefire]

NO, BLM and the National Forest allow them. Search Calguns for the letters from these agencies regarding authorization.

USFS allows them in certain areas, not a blanket ok for all national forests. And remember, NPS (Park Service) runs national parks, a whole separate Agency with separate lands form BLM and USFS (Forest Service).

[Cokebottle]

Actually, that is an arguable case. The transport requirements for RAWs is essentially the same as that for handguns in general. If the handgun's transport requirement is voided by the CCW so should the RAW's transport requirements.

Not true. This is a commonly confused issue, but there are two sections of law at work. One section covers transportation within a motor vehicle, the other covers other forms of transport (presumably on foot)

Handgun transport laws only include specific destination requirements when NOT transported within a motor vehicle.

There is nothing illegal about carrying a "trunk gun" 24/7 provided it is unloaded and in a locked container.
When the gun is removed from the vehicle, the specific destination requirements come into play.

RAW transportation laws include the specific destination requirement at all times.

25610.
(a) Section 25400 shall not be construed to prohibit any citizen of the United States over the age of 18 years who resides or is temporarily within this state, and who is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, from transporting or carrying any pistol, revolver, or other firearm capable of being concealed upon the person, provided that the following applies to the firearm:
(1) The firearm is within a motor vehicle and it is locked in the vehicle’s trunk or in a locked container in the vehicle.
(2) The firearm is carried by the person directly to or from any motor vehicle for any lawful purpose and, while carrying the firearm, the firearm is contained within a locked container.
(b) The provisions of this section do not prohibit or limit the otherwise lawful carrying or transportation of any pistol, revolver, or other firearm capable of being concealed upon the person in accordance with the provisions listed in Section 16580

The second statute is 25505:

25505. In order for a firearm to be exempted under this article, while being transported to or from a place, the firearm shall be unloaded and kept in a locked container, and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances.

25610 provides a blanket exemption for transport within a motor vehicle.

[dwightlooi]

Not true. This is a commonly confused issue, but there are two sections of law at work. One section covers transportation within a motor vehicle, the other covers other forms of transport (presumably on foot)

Handgun transport laws only include specific destination requirements when NOT transported within a motor vehicle.

There is nothing illegal about carrying a "trunk gun" 24/7 provided it is unloaded and in a locked container.
When the gun is removed from the vehicle, the specific destination requirements come into play.

RAW transportation laws include the specific destination requirement at all times.
The second statute is 25505:

25610 provides a blanket exemption for transport within a motor vehicle.

Right, and the argument is simply that a qualifying specific location (eg. shooting range, home, etc.) is a location at which the RAW may be legally used (ie. fired). Transportation requirements do not apply at the shooting range for moving the RAW from bench to bench for instance.

The existence of a CCW permit with that RAW listed makes ENTIRE STATES within which the CCW is recognized and valid -- with the exception of prohibited places like court houses or "gun free zones" -- a specific location or destination at which the RAW may be legally put to use. There is no legal limits to the size of a specific location. For all intents and purposes that specific location can be the UNITED STATES OF AMERICA if the owner of the RAW has a CCW recognized in 50 states or has multiple CCWs which collectively allows for him to conceal carry in 50 states.

[Astra21]

[QUOTE=dwightlooi;19438003]The following PROPOSED REGULATIONS:-

I've only just started reading through the new laws in preparation for a move to CA. From my understanding of Assembly Bill No. 1135, what was considered an 'assault weapon' prior to 1/1/17 will continue to be illegal to possess until it is registered in 2017 and then it becomes legal to possess. Can this be correct?

[worthingtontw]

[Dvrjon]

Actually, that is an arguable case. The transport requirements for RAWs is essentially the same as that for handguns in general. No, they aren't. If the handgun's transport requirement is voided by the CCW so should the RAW's transport requirements. The simplest of argument is that the transport requirements are for conveyance of the firearm from it's place of storage (home) to the place of legal use (range). The CCW turns the entire USA, with the exception of certain "gun free zones" and other prohibited locales, to the place of use (range). Therefore, there is no transport requirement because you are ALWAYS already on a legitimate shooting location.

Right, and the argument is simply that a qualifying specific location (eg. shooting range, home, etc.) is a location at which the RAW may be legally used (ie. fired). Transportation requirements do not apply at the shooting range for moving the RAW from bench to bench for instance.

The existence of a CCW permit with that RAW listed makes ENTIRE STATES within which the CCW is recognized and valid -- with the exception of prohibited places like court houses or "gun free zones" -- a specific location or destination at which the RAW may be legally put to use. There is no legal limits to the size of a specific location. For all intents and purposes that specific location can be the UNITED STATES OF AMERICA if the owner of the RAW has a CCW recognized in 50 states or has multiple CCWs which collectively allows for him to conceal carry in 50 states.

You need to read the statute. The issue is not "transportation" of the RAW. The statute focuses on specific locations at which you can possess the RAW.

Unless a permit allowing additional uses is first obtained under Section 31000, a person who has registered an assault weapon or registered a .50 BMG rifle under this article may possess it only under any of the following conditions:
(a) At that person's residence, place of business, or other property owned by that person, or on property owned by another with the owner's express permission.
(b) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets.
(c) While on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.
(d) While on the premises of a shooting club that is licensed pursuant to the Fish and Game Code.
(e) While attending any exhibition, display, or educational project that is about firearms and that is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.
(f) While on publicly owned land, if the possession and use of a firearm described in Section 30510, 30515, 30520, or 30530, is specifically permitted by the managing agency of the land.
(g) While transporting the assault weapon or .50 BMG rifle between any of the places mentioned in this section, or to any licensed gun dealer, for servicing or repair pursuant to Section 31050, if the assault weapon is transported as required by Sections 16850 and 25610.
- See more at: http://codes.findlaw.com/ca/penal-co....RjCsc36X.dpuf

The CCW does not provide an exemption from any of these location constraints on the possession of the RAW..

[Quiet]

You need to read the statute. The issue is not "transportation" of the RAW. The statute focuses on specific locations at which you can possess the RAW.
The CCW does not provide an exemption from any of these location constraints on the possession of the RAW..

What he said, there is no CCW exemption to the specific location requirements for RAWs.

Because of the specific destination requirements for RAWs, RAWs can not be listed on a CA LTC permit.

If you have a handgun that is listed on your CA LTC permit and it then becomes a RAW, the issuing agency will remove it from your permit.

[Plead the Second]

"
Unless a permit allowing additional uses is first obtained under Section 31000, a person who has registered an assault weapon or registered a .50 BMG rifle under this article may possess it only under any of the following conditions:
(a) At that person's residence, place of business, or other property owned by that person, or on property owned by another with the owner's express permission. . . "

The language referring to
'property owned by another with the owner's express permission' would likely be interpreted to apply to both the hotel room near the training range and your father-in-law's ranch, but we need to see final regs and interpretations to see what distortions of the English language the DOJ can come up with.

[Dvrjon]

The language referring to
'property owned by another with the owner's express permission' would likely be interpreted to apply to both the hotel room near the training range and your father-in-law's ranch, but we need to see final regs and interpretations to see what distortions of the English language the DOJ can come up with.

The final regs are already out, as they have been transmitted to OAL to "File and Print". OAL will review for administrative correctness (legal citations, etc.). But cannot change or challenge the substance. Here's the OAL Checklist for their review: http://www.oal.ca.gov/files/2016/08/...yChecklist.pdf

Here are the regs:

https://d3uwh8jpzww49g.cloudfront.net/sharedmedia/1509343/12-30-doj-proposed-assault-weapons-regulations.pdf

There never has been, and continues to not be, a regulatory condition explaining the plain text of possession of RAWs.