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

[Aric75]

Thanks for the reply guys, thats the basically the conclusion I had reached, just wanted to get a few other opinions. I am fimiliar with the storage/trasport guidelines, I've been doing those, just wanted to clarify configuration. I'll just keep the fixed stock for now.

Thanks again

[GiveMeMo2A]

Is always an assault weapon (RAW) even when defeatured or taken apart to only the lower... until it is deregistered.

Hum, can someone else chime in if they think this is true or not. If I melt one down to slag, you're telling me that the state would consider it a gun? It remains registered until unregistered, yes, but, it doesn't remain on AW unless is is one, no?

[lordmorgul]

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

Hum, can someone else chime in if they think this is true or not. If I melt one down to slag, you're telling me that the state would consider it a gun? It remains registered until unregistered, yes, but, it doesn't remain on AW unless is is one, no?

[GiveMeMo2A]

Hum, what do you make of this:

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/text-adopted-regulations-bullet-button.pdf

under hh and hh part 3? Do you disagree with them? Considering violations that make use of the definition in ca pc 30515, if hh part 3 states that a weapon lacking crucial part, for example, the bolt carrier in an AR-15 style fire arm is not semiautomatic, doesn't 30515 part 1, require the assault rifle to be semiautomatic? What's the purpose of stating in hh part 3, that a rifle isn't a semiautomatic for the purposes of 30515? Isn't it to invalidate when 30515 applies?

Looking through https://www.calguns.net/calgunforum/....php?t=1428620 even Librarian seems to say that:

separated upper and lower are NOT an assault weapon.

Do you agree/disagree? Did things change since he said it. Indeed the consensus in that thread seems to differ from your opinion. Why?

Now, why am I curious, let's just say I have a friend that has a BBRAW and wants to avoid running afoul of 30945, your position is that separation (hh part 3) doesn't help you avoid pc 30945 violations?

I'm wondering if others agree? Would I be correct in stating your opinion is that once a gun is registered as a BBRAW, it is by definition an AW, no matter hh, no matter part 3?

[lordmorgul]

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

I'm wondering if others agree? Would I be correct in stating your opinion is that once a gun is registered as a BBRAW, it is by definition an AW, no matter hh, no matter part 3?

[Dvrjon]

To amplify lordmorgul's comments, and to attempt to unwind this issue a bit:

(Apologies for the length. )

Hum, what do you make of this:

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/text-adopted-regulations-bullet-button.pdf

under hh and hh part 3? Do you disagree with them? Considering violations that make use of the definition in ca pc 30515, if hh part 3 states that a weapon lacking crucial part, for example, the bolt carrier in an AR-15 style fire arm is not semiautomatic, doesn't 30515 part 1, require the assault rifle to be semiautomatic? What's the purpose of stating in hh part 3, that a rifle isn't a semiautomatic for the purposes of 30515? Isn't it to invalidate when 30515 applies?

Looking through https://www.calguns.net/calgunforum/....php?t=1428620 even Librarian seems to say that:

separated upper and lower are NOT an assault weapon.

Do you agree/disagree? Did things change since he said it. Indeed the consensus in that thread seems to differ from your opinion. Why?

You are confusing two separate Assault Weapon registration activities and their regulations.

The responses you are challenging were made in the context of the original Assault Weapons ban, (prior to 2001) as noted in Aric75's post.

I have a couple of "Registered Assult (sic) Weapons "RAW" I guess they are called, that I registered prior to the 01 ban.

The regulations you are now citing are applicable only to Assault Weapons identified in the 2017 statutes and affect rifles from 2001 through 2017.

Any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon...

Those regulations, Pursuant to Penal Code Section 30900(b)(1); are specifically constrained to cover only AWs defined under CA PEN 30900(b)(1):

(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 July 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).

Because these regulations are constrained to rifles after 2001, they are irrelevant to the discussion of pre-2001 Assault weapons.

Moving on.

/////////////////////////////

Now, why am I curious, let's just say I have a friend that has a BBRAW and wants to avoid running afoul of 30945, your position is that separation (hh part 3) doesn't help you avoid pc 30945 violations?

I'm wondering if others agree? Would I be correct in stating your opinion is that once a gun is registered as a BBRAW, it is by definition an AW, no matter hh, no matter part 3?

This particular question shifts from the pre-2001 rules and goes to the BBRAW rules of 2018. But, before reaching the regulations, you defined the question in the context of the specific provisions of CA PEN 30945 relating to possession or RAWs, which tells us that

30945. 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:

Regulations don't supersede statute, and the statute clearly identifies any REGISTERED ASSAULT WEAPON as being under these constraints. Once registered, possession of the weapon is controlled by the statute; take it apart, burn it, whatever, your possession of it is governed by this statute. That resolves your question.

But, you've raised some confusion over the new regulations, specifically 11 CCR 5471 (hh), indicating a belief that the mere separation of an AR15 platform upper and lower causes the weapon to no longer be an assault weapon. (As noted, above, the issue isn't "assault weapon", but is "registered" assault weapon.)

So, let's look at that regulation:

The provisions of 11 CCR 5471 (hh), don't define (or undefine) what is or isn't an AW. They merely define the term "semi-automatic".

(hh) a firearm functionally able to fire a single cartridge, eject the empty case, and reload the chamber each time the trigger is pulled and released. Further, certain necessary mechanical parts that will allow a firearm to function in a semiautomatic nature must be present for a weapon to be deemed semiautomatic. A weapon clearly designed to be semiautomatic but lacking a firing pin, bolt carrier, gas tube, or some other crucial part of the firearm is not semiautomatic for purposes of Penal Code sections 30515, 30600, 30605(a), and 30900.
[...]
(3) With regards to an AR-15 style firearm, if a complete upper receiver and a complete lower receiver are completely detached from one another, but still in the possession or under the custody or control of the same person, the firearm is not a semiautomatic firearm.

But, the definition of an assault weapon isThat means, before you could register the BBAW, it had to meet the definition of "semiautomatic, centerfire". The act of registering a BBAW requires specific documentation (including pictures) which directly, and inextricably, associate the upper and lower of the firearm to each other and establish the firearm's characteristics as a "semiautomatic, centerfire rifle," allowing that entity to become a BBRAW.

Separating the parts of a BBRAW doesn't change its characteristics or nature as a registered assault weapon with "semiautomatic, centerfire rifle" characteristics because that is the primary nature of its registration. If you separate the upper and lower, they are still identified as a BBRAW entity because the upper and lower are linked through registration. Once registered, the statute controls the weapon.

So what is the purpose of subdivision (hh)?

AR-type lowers are neither semiautomatic nor centerfire rifles (they used to be able to be made into pistols). When a bare AR lower is DROS'd, it is entered as a "long gun". At that point, you can put together a single shot or semiautomatic rifle in either centerfire or rimfire calibers, so the bare receiver can't be designated anything at that time. Those characteristics are defined only after one associates the upper with the lower. Until that point, the uppers and lowers, when separated, are not "semiautomatic" (nor are they centerfire) and so can't be deemed to be an assault rifle.

The purpose, then, of the (hh) provisions is to differentiate separated lowers which haven't been registered as AWs (no centerfire designation; no semiautomatic designation) from those which are registered (semiautomatic, centerfire designation).

Best.

[GiveMeMo2A]

To amplify lordmorgul's comments, and to attempt to unwind this issue a bit

In short thanks. I think I better understand now.

[five.five-six]

The question I've asked before is regarding BLM/NF and I was told that you can't let a friend shoot it while you're there.

Related question: on BLM/NF land. Targets are a couple hundred yards downrange, you have multiple AWs there. Do you have to lock them up before heading downrange if you have a friend staying back?

Any clarification on this?

[five.five-six]

Awesome His and Hers gunsafes now

[GeeBee49]

When was the deadline for registering "so called" assault rifles?

[Dvrjon]

When was the deadline for registering "so called" assault rifles?

11: 59: 59 p.m. on June 30, 2018.

[GeeBee49]

11: 59: 59 p.m. on June 30, 2018.

I knew it had passed but I didn't remember when. Thanks.

[five.five-six]

Can I put an 11 round mag in my BBRAW?

[shaocaholica]

Can I put an 11 round mag in my BBRAW?

Only a tool would put a 10+ into a BBRAW.

[five.five-six]

I’m a tool