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

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  • spsurf48
    Banned
    • Apr 2012
    • 25

    Originally posted by Cokebottle
    Nope.

    Some cities may require storage in a safe, but state law only dictates that IF a minor gains access to your gun(s) and causes injury or damage, you may be held criminally liable if you reasonably knew that said minor may gain access.

    IOTW... no kids, no visitors, no legal requirement to keep your guns locked in a safe.
    AW are required to be transported in a secure locking container.
    Thanks for the answer, I will look up my local city codes. I have never had a minor in my apartment, and never will so I tend not to worry but the RAW laws are a new beast to understand.

    Comment

    • Quiet
      retired Goon
      • Mar 2007
      • 30241

      Originally posted by Cokebottle
      Nope.

      Some cities may require storage in a safe, but state law only dictates that IF a minor gains access to your gun(s) and causes injury or damage, you may be held criminally liable if you reasonably knew that said minor may gain access.

      IOTW... no kids, no visitors, no legal requirement to keep your guns locked in a safe.
      AW are required to be transported in a secure locking container.
      RAW should be stored in a manner so that no one but the registered owner has access to them.

      If someone other than the owner can access them, then they can be charged with possession of an AW. [PC 30605(a)]
      ^If the DA's Office is aggressive, they can also charge the owner for illegal transfer of an AW. [PC 30600(a)]

      The only time someone other than the owner can legally possess the RAW, is when both the owner and the other person are at a target range or at a LE sponsored display/event. [PC 30660]
      sigpic

      "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

      Comment

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

        Originally posted by Quiet
        RAW should be stored in a manner so that no one but the registered owner has access to them.

        If someone other than the owner can access them, then they can be charged with possession of an AW. [PC 30605(a)]
        ^If the DA's Office is aggressive, they can also charge the owner for illegal transfer of an AW. [PC 30600(a)]

        The only time someone other than the owner can legally possess the RAW, is when both the owner and the other person are at a target range or at a LE sponsored display/event. [PC 30660]
        Registration did (and still does per the withdrawn documents) allow for registration of multiple adult residents of the same address (with one person named as the primary registrant). This covers residents.

        Visitors would fall under the "reasonable person" believing that they would not have access (provided that measures are taken to reasonably conceal and store.
        - 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

        • Quiet
          retired Goon
          • Mar 2007
          • 30241

          Originally posted by Cokebottle
          Registration did (and still does per the withdrawn documents) allow for registration of multiple adult residents of the same address (with one person named as the primary registrant). This covers residents.
          This is applicable if there are no minors residing at that location.
          sigpic

          "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

          Comment

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

            Originally posted by Quiet
            This is applicable if there are no minors residing at that location.
            Multiple registrants would still apply, but locked storage would also apply.
            - 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

            • turtlini
              Junior Member
              • Apr 2012
              • 52

              Can I register my AW and then shorten it below 30" (still keeping 16" barrel)?

              Comment

              • shaocaholica
                Senior Member
                • Sep 2014
                • 889

                Originally posted by turtlini
                Can I register my AW and then shorten it below 30" (still keeping 16" barrel)?
                Don't know yet. Keep waiting.

                Comment

                • _TomT_
                  Veteran Member
                  • Jun 2013
                  • 3354

                  Question:

                  If I were to register all 3 of my AR-15s, when I retire I can un-register them, take them apart including the buffertube and grips. Could I legally transport them across state line?

                  Comment

                  • shaocaholica
                    Senior Member
                    • Sep 2014
                    • 889

                    Originally posted by _TomT_
                    Question:

                    If I were to register all 3 of my AR-15s, when I retire I can un-register them, take them apart including the buffertube and grips. Could I legally transport them across state line?
                    1)You can take them apart without de-registering them. Only the receiver is registered. Everything else is an unregulated item.

                    2)You can transport your registered guns across state lines without de-registering them. They are only regulated/registered in CA. Most other states don't care. All of CA's neighboring states don't care.

                    Comment

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

                      Yep.
                      If you are going to retire to a free state, there's no need to bother.
                      For one, it's a multiple-month process (one guy here has been trying to de-register his 2001 SB23 build for over a year), and the status is 100% irrelevant outside of California.

                      If in the future, AW laws are enacted in other states, you will be subject to their laws i.e. if you move to New Mexico in 2024 and they enact an AWB in 2020, you will not be able to take a featured build with you whether registered here or not... it would have to be compliant with NM laws when you import it.
                      If NM enacts an AWB after you move, you will have to either register or make compliant for their laws... the CA registration would not transfer.


                      California registration does not "make" a rifle an AW, nor does it change its status outside of California.
                      California registration ONLY provides an exemption from prosecution under California law for possession and transportation of that specific AW. It does not make the gun a non-AW and does not change its legal status... it merely shields the registrant(s) from prosecution.
                      - 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

                      • _TomT_
                        Veteran Member
                        • Jun 2013
                        • 3354

                        Ahh ok thank you guys. One more question, as long as the AR is not in one piece I can transport them across stateline without getting arrested correct?

                        Comment

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

                          Originally posted by _TomT_
                          Ahh ok thank you guys. One more question, as long as the AR is not in one piece I can transport them across stateline without getting arrested correct?
                          That one gets a bit hairy.

                          The (withdrawn) DOJ regs stated that an upper and lower that are separated is not a semiautomatic firearm, thus, AW laws would not apply.

                          BUT... Nguyen and possibly one other case have established case law that a person CAN be convicted under intent (suspect admitted to intent to construct an AW), or "A broken AW is still an AW" (suspect had removed the bolt from an AW).

                          Safest route would be to either register, or to make them compliant with 2017 law prior to the end of this year.

                          Crossing the state line leaving California would not be a legal problem... the issue is possession and transport within California.
                          - 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

                          • _TomT_
                            Veteran Member
                            • Jun 2013
                            • 3354

                            Originally posted by Cokebottle
                            That one gets a bit hairy.

                            The (withdrawn) DOJ regs stated that an upper and lower that are separated is not a semiautomatic firearm, thus, AW laws would not apply.

                            BUT... Nguyen and possibly one other case have established case law that a person CAN be convicted under intent (suspect admitted to intent to construct an AW), or "A broken AW is still an AW" (suspect had removed the bolt from an AW).

                            Safest route would be to either register, or to make them compliant with 2017 law prior to the end of this year.

                            Crossing the state line leaving California would not be a legal problem... the issue is possession and transport within California.
                            This shouldn't be an issue for a few years anyways, but I guess before I cross I will:

                            1. remove birdcage
                            2. remove grips

                            I can at least keep the buffer tube on right?

                            Comment

                            • shaocaholica
                              Senior Member
                              • Sep 2014
                              • 889

                              Originally posted by _TomT_
                              This shouldn't be an issue for a few years anyways, but I guess before I cross I will:

                              1. remove birdcage
                              2. remove grips

                              I can at least keep the buffer tube on right?
                              Are you talking about crossing out of CA or crossing into CA. Very different scenarios.

                              Comment

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

                                Originally posted by _TomT_
                                This shouldn't be an issue for a few years anyways, but I guess before I cross I will:

                                1. remove birdcage
                                2. remove grips

                                I can at least keep the buffer tube on right?
                                "Crossing" is not an issue.
                                The issue is when IN California, and the issue will be VERY pertinent on Jan 1 2018 whether you ever intend to leave or not.
                                As of Jan 1 2018, the guns must be either compliant with 2017 law, or be registered as AW.

                                If registered as AW, you can legally transport them to or from specific destinations where they are legal to possess (i.e. home and a free state) within a locked container.
                                - 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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