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

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  • jgarden
    Senior Member
    • Oct 2012
    • 712

    Originally posted by Cokebottle
    Yes, it is touchy, as the law says "directly between"
    But in this case, the airport is still a location/mode of transport and not a side-trip.
    But is there another section which prohibits transportation of an AW into the state? (With grace period out may not apply till 2018).

    Sent from my SAMSUNG-SM-G930A using Tapatalk

    Comment

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

      Originally posted by jgarden
      But is there another section which prohibits transportation of an AW into the state? (With grace period out may not apply till 2018).
      Actually it is potentially the opposite.

      The "grace period" is only to allow for registration and seems to only provide an exemption to the "possession" statute.
      Registration provides the general exemptions for possession, lending, transportation, and importation.
      - 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

      • hugocbr
        Member
        • Dec 2014
        • 462

        If I register a lower as an AW, Can I then buy an upper with a barrel shorter than 16 inches for it?

        Comment

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

          Originally posted by hugocbr
          If I register a lower as an AW, Can I then buy an upper with a barrel shorter than 16 inches for it?
          No.

          That's Federal
          - 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

          • vmassarano
            Member
            • Oct 2016
            • 157

            A Question to the Librarian or any Calguns organizer:

            Have you ever considered taking up a collection of Calguns members to pay for a legal opinion from an established CA law firm specializing in guns laws? They may already have something put together and may release it for a reasonable fee, knowing they may get future business from our individual members.

            That would be expensive for an individual, but for $5 or $10 each, we could get amore definitive understanding of the current laws.

            I'm not sure if Calguns even has the logistical ability to do that, but it would be worth considering. Just a thought.
            "How long would the Nazis have kept it up, General, if every Jew they came after had met them with a gun in his hand?"
            - - Walter Matthau as Dr. Groeteschele in "Fail Safe" (1964)

            Comment

            • Mayor McRifle
              Calguns Addict
              • Dec 2013
              • 7653

              Originally posted by vmassarano
              Have you ever considered taking up a collection of Calguns members to pay for a legal opinion from an established CA law firm specializing in guns laws? They may already have something put together and may release it for a reasonable fee, knowing they may get future business from our individual members.
              Michel & Associates is an established California law firm specializing is gun laws. They've put together a book and hosted webinars on California gun laws, including these new laws.

              The 4th Edition is out, and it includes these new laws: https://www.amazon.com/California-Gu...ornia+gun+laws

              And you cans still listen to the webinars on these new laws for free: http://crpa.org/webinars/
              Last edited by Mayor McRifle; 12-25-2016, 7:06 AM.
              Anchors Aweigh

              sigpic

              Comment

              • Quiet
                retired Goon
                • Mar 2007
                • 30241

                Originally posted by hugocbr
                If I register a lower as an AW, Can I then buy an upper with a barrel shorter than 16 inches for it?
                No.
                Being a RAW does not exempt the firearm from CA SBR/SBS & MG laws and does not exempt the firearm from Federal NFA laws.
                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

                • vmassarano
                  Member
                  • Oct 2016
                  • 157

                  To Mayor McRifle,

                  Thank you for the current references. I will do just that.

                  Merry Christmas!
                  "How long would the Nazis have kept it up, General, if every Jew they came after had met them with a gun in his hand?"
                  - - Walter Matthau as Dr. Groeteschele in "Fail Safe" (1964)

                  Comment

                  • protohyp
                    Vendor/Retailer
                    • Sep 2014
                    • 3349

                    Originally posted by Quiet
                    No.
                    Being a RAW does not exempt the firearm from CA SBR/SBS & MG laws and does not exempt the firearm from Federal NFA laws.
                    actually isn't the answer yes? just attach/pin and weld whatever device necessary to make it 16.
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                    Comment

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

                      Originally posted by protohyp
                      actually isn't the answer yes? just attach/pin and weld whatever device necessary to make it 16.
                      But that has nothing to do with California AW laws.

                      16" barrel is NFA (and California) SBR
                      Cut a Henry down to 14" and you have an SBR, but it's not a California AW.

                      So roundabout way, yes, he could buy an upper with a 14" barrel, but he could not install it until it is modified.
                      - 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
                        But that has nothing to do with California AW laws.

                        16" barrel is NFA (and California) SBR
                        Cut a Henry down to 14" and you have an SBR, but it's not a California AW.

                        So roundabout way, yes, he could buy an upper with a 14" barrel, but he could not install it until it is modified.
                        He could buy it, but can't possess it until the barrel length is 16" or greater.
                        ^Exemption would be not owning/possessing a rifle that could use the less than 16" barrel.

                        Possessing an unattached less than 16" barrel with a rifle that can use it would be "constructive possession" of a SBR. [PC 17170(e)]


                        Penal Code 17170
                        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

                        • target_shot
                          Member
                          • Jul 2015
                          • 444

                          Originally posted by Quiet
                          He could buy it, but can't possess it until the barrel length is 16" or greater.

                          ^Exemption would be not owning/possessing a rifle that could use the less than 16" barrel.



                          Possessing an unattached less than 16" barrel with a rifle that can use it would be "constructive possession" of a SBR. [PC 17170(e)]





                          Penal Code 17170


                          So if I own an AR pistol, with 2 "NFA" uppers, and also own an AR rifle, constructive possession applies?
                          NRA Life Member
                          Glock Armorer
                          Colt Armorer
                          FFL 03 + COE

                          Comment

                          • NissanPreRunner
                            Member
                            • Jan 2012
                            • 448

                            Originally posted by target_shot
                            So if I own an AR pistol, with 2 "NFA" uppers, and also own an AR rifle, constructive possession applies?
                            Naw you should be you should be fine, YMMV though. It's all up to interpretation of the laws and "constructive possession and/or intent"

                            Sent from my Pixel using Tapatalk

                            Comment

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

                              Originally posted by target_shot
                              So if I own an AR pistol, with 2 "NFA" uppers, and also own an AR rifle, constructive possession applies?
                              No more so than if you have a bottle of bleach, peroxide, and misc plumbing parts but they are not all together on your workbench.

                              Showing intent is a part of making the case.

                              Every one of us has "bomb making materials"
                              - 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 target_shot
                                So if I own an AR pistol, with 2 "NFA" uppers, and also own an AR rifle, constructive possession applies?
                                If you store or transport the "NFA" uppers with the AR pistol, then no.

                                If you store or transport the "NFA" uppers with the AR rifle, then yes.
                                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

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