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

[Christopher761]

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.

I am not so sure that those are in fact "final."

The file name is "proposed," and the DOJ/BOF says that the regs aren't final yet.

[Dvrjon]

I am not so sure that those are in fact "final."

The file name is "proposed," and the DOJ/BOF says that the regs aren't final yet.

Regulations are always "proposed" until final.

They aren't "final" until filed by OAL with the Secretary of State. (Similarly, Legislation signed by the Governor is not final until filed by the SoS).

Usually, OAL conducts a review of the reg and whether it meets the requirements of the Administrative Procedures Act and OAL regulations. In this case, the legislation exempted the regulations from the APA. OAL is undertaking an administrative review of the regs, but cannot apply any APA constraints to them. The posted checklist gives you an idea of how non-substantive this review is.

"File and Print" is the instruction.

[shaocaholica]

Sorry if this has been brought up already but what if you just put a regular magazine release on your BBv1 gun prior to taking photos and submitting photos with a regular magazine release hence locking in your configuration as a regular magazine release gun. The DoJ has pretty much said all of 2017 is amnesty for unregistered assault weapons so...it would technically be legal to do so right?

[Dvrjon]

Sorry if this has been brought up already but what if you just put a regular magazine release on your BBv1 gun prior to taking photos and submitting photos with a regular magazine release hence locking in your configuration as a regular magazine release gun. The DoJ has pretty much said all of 2017 is amnesty for unregistered assault weapons so...it would technically be legal to do so right?

30680. Section 30605 does not apply to the possession of an assault weapon by a person who has possessed the assault weapon prior to January 1, 2017, if all of the following are applicable:
(a) Prior to January 1, 2017, the person was eligible to register that assault weapon pursuant to subdivision (b) of Section 30900.
(b) The person lawfully possessed that assault weapon prior to January 1, 2017.
(c) The person registers the assault weapon by January 1, 2018, in accordance with subdivision (b) of Section 30900.

Lots of give-and-take on both sides of this. My take on it would be:

Changing the bullet button to a standard release in 2017 makes your gun different from what you possessed prior to 1/1/2017, so you can't register it.

If you try to register it, sending in pictures of your gun with a standard mag release, you are representing that you possessed that assault weapon prior to 1/1/2017.

This will create difficulties for you because if you installed the standard BB between 2000 and 2017, you created an unregistered assault weapon...which is seriously ungood.

[shaocaholica]

Yeah. Pretty vague. The key word being 'that' assault weapon. Actually, it's not technically an assault weapon until 1/1/2017 so a technical reading could mean that it needs to be an unregistered AW prior to 1/1/2017.

[Dvrjon]

Yeah. Pretty vague. The key word being 'that' assault weapon. Actually, it's not technically an assault weapon until 1/1/2017 so a technical reading could mean that it needs to be an unregistered AW prior to 1/1/2017.

No, it's not vague. It's plain English.

[shaocaholica]

No, it's not vague. It's plain English.

(a) Prior to January 1, 2017, the person was eligible to register that assault weapon pursuant to subdivision (b) of Section 30900.
(b) The person lawfully possessed that assault weapon prior to January 1, 2017.

A BB gun was not an assault weapon prior to 1/1/2017. So how are you supposed to read that? Give them the benefit of the doubt on their sloppy plain english?

[Dvrjon]

A BB gun was not an assault weapon prior to 1/1/2017. So how are you supposed to read that? Give them the benefit of the doubt on their sloppy plain english?

Would you prefer it be called, "the previously non-Assault Weapon assault weapon"?

The statute is written in the current day. That means the pre-1/1/17 non-AW BB gun is now an assault weapon and is referred to as an assault weapon.

But, you got this. Do what you want to do, and swap out the BB for a standard mag release, photograph it and send it to DOJ.

[shaocaholica]

The statute is written in the current day. That means the pre-1/1/17 non-AW BB gun is now an assault weapon and is referred to as an assault weapon.

Err, actually it was written all last year. AFAIK, none of the text was written or submitted after 1/1/2017.

But, you got this. Do what you want to do, and swap out the BB for a standard mag release, photograph it and send it to DOJ.

Just throwing it out there. Glad I could help

[Dvrjon]

Err, actually it was written all last year. AFAIK, none of the text was written or submitted after 1/1/2017.

Of course it was written last year. However, not one word of it had any standing until the effective date of the legislation. That was 1/1/17.

[wetsuitxninja]

Can you use a gangster grip on a registered assault weapon?

[strokesdmb]

Can we convert a BBAW into a featureless rifle?

[NissanPreRunner]

Can we convert a BBAW into a featureless rifle?

Yes

[strokesdmb]

Yes

Does the featureless rifle need a BB as well or a standard release be ok?

[9M62]

Does the featureless rifle need a BB as well or a standard release be ok?

Featureless does not require a bullet button.

However, once registered as an assault weapon - going by the Department of Justice's not-yet-published regulations, you cannot change the magazine release after registration.

So, if the regs stay in place - I would say you cannot change the magazine release even if you went featureless after it is registered as an assault weapon.

You can, however, go featureless, de-register it as an AW and then change the magazine release.