Question about two AWs

[1911_sfca]

Hello,

I thought I understood the AW laws pretty well, but now with DOJ's regulations, I am getting confused on a few issues related to modifications I can make to an AW post-registration. I wanted to ask my questions here for clarification prior to writing a letter to the AG.

First, the descriptions of the two rifles:

AW1: I purchased this rifle in California in 2005. It is an AR-pattern rifle, was not a Category 1,2,or 3 AW, and has a Sporting Conversions mag-lock kit installed, which requires a tool to release the magazine (but the tool is not a bullet, and the mag-lock is not a Bullet Button). Per PC 30515(b), this rifle became a Category 3 AW on 1/1/17 and per PC 30900(b)(1), it must be registered as an AW by 6/30/18.

AW2: I purchased this rifle in California in 2010. It is a Category 2 AW, and I purchased it per the exemption in PC 30630(b)(1) with CLEO permission letter. I primarily use AW2 as a patrol rifle when on duty.

In reading the relevant law, it was my understanding that AW1 and AW2 are equivalent in being RAWs, and there is no difference in what changes to their configuration I can make. However, in reading the regulations promulgated by DOJ, I am getting confused about what changes can be made to a RAW after registration. The DOJ has said that changing features on a RAW constitutes manufacturing a new AW, which does not align with my understanding of CA gun laws.

Questions:

1. AW1 has a Sporting Conversions mag-lock installed. Can I replace it with a Bullet Button mag lock?
2. The registration forms for AW1 asked for a list of what features were installed. Can I add a new feature, e.g. can I add a fore grip to this rifle after it is a RAW, even if I did not select that option at registration time? What about a flare launcher?
3. Can I add a new feature to AW2, which was not present at registration time? (Note: AW2's registration form did not ask any questions about installed features.)
4. Can I replace parts of AW1 such as the trigger, without manufacturing a new AW?
5. Can I replace parts of AW2 such as the trigger, without manufacturing a new AW?
6. Can I replace the Sporting Conversions mag-lock in AW1 with a normal mag-release?
7. Can I replace the normal mag release in AW2 with a bullet button?
8. If I replace AW2's mag release with a bullet button, can I later change it back to a normal mag release, without manufacturing a new AW?

I would have previously thought the answers to all of these questions is yes, but now I'm not so sure. If the answer to any of the questions is no, I would appreciate if you could cite the relevant section of law or regulation.

One more question, below. The DOJ is not allowing people to register lowers; they only allow fully-built, functional semi-auto firearms to be registered.

9. After 7/1/18, I come across a lower with pistol grip, BB, and stock installed, and it is sittlng next to, but not attached to, a 5.56mm upper. This firearm was not eligible for AW registration in the condition I found it. Is it an AW by constructive possession?

Thanks for any help you can provide to clarify these questions.

[edgerly779]

*8 has to be featureless or fixed mag if attached to upper.

[1911_sfca]

*8 has to be featureless or fixed mag if attached to upper.

I think you're responding to 9 (I had to renumber the questions because I had a duplicate #). The question was whether the items, in the state found (unattached) would constitute an AW by constructive possession. You answered a different question, which is whether they would be an AW if attached together (clearly, a Yes).

[Quiet]

AW2: I purchased this rifle in California in 2010. It is a Category 2 AW, and I purchased it per the exemption in PC 30630(b)(1) with CLEO permission letter. I primarily use AW2 as a patrol rifle when on duty.

Questions:
3. Can I add a new feature to AW2, which was not present at registration time? (Note: AW2's registration form did not ask any questions about installed features.)
5. Can I replace parts of AW2 such as the trigger, without manufacturing a new AW?
7. Can I replace the normal mag release in AW2 with a bullet button?
8. If I replace AW2's mag release with a bullet button, can I later change it back to a normal mag release, without manufacturing a new AW?

Legally, AW2 should have been registered as an assault weapon within 90 days of acquiring the firearm in 2010. [PC 30630(b)(2)]

Legally, AW2 can be modified/reconfigured into any configuration that does not violate Federal NFA laws and CA MG/SBR/SBS laws.

[Quiet]

AW1: I purchased this rifle in California in 2005. It is an AR-pattern rifle, was not a Category 1,2,or 3 AW, and has a Sporting Conversions mag-lock kit installed, which requires a tool to release the magazine (but the tool is not a bullet, and the mag-lock is not a Bullet Button). Per PC 30515(b), this rifle became a Category 3 AW on 1/1/17 and per PC 30900(b)(1), it must be registered as an AW by 6/30/18.

Questions:
1. AW1 has a Sporting Conversions mag-lock installed. Can I replace it with a Bullet Button mag lock?
2. The registration forms for AW1 asked for a list of what features were installed. Can I add a new feature, e.g. can I add a fore grip to this rifle after it is a RAW, even if I did not select that option at registration time? What about a flare launcher?
4. Can I replace parts of AW1 such as the trigger, without manufacturing a new AW?
6. Can I replace the Sporting Conversions mag-lock in AW1 with a normal mag-release?

Under current CA DOJ regulations...
1. It is legal to replace your current tool operated magazine lock with a "bullet button" style magazine lock.
2. There is nothing that prohibits adding additional assault weapons features to a registered assault weapon.
4. As long as it does not violate CA MG/SBR/SBS laws, with the exemption of the magazine locking device, there is nothing prohibiting replacing of parts.
6. No.

[Cokebottle]

I think you're responding to 9 (I had to renumber the questions because I had a duplicate #). The question was whether the items, in the state found (unattached) would constitute an AW by constructive possession. You answered a different question, which is whether they would be an AW if attached together (clearly, a Yes).

On #8, featureless builds are not impacted by the current laws.

You MAY remove the SB23 features from a RAW and then proceed to de-register it. It *appears* that the new DOJ regs require that the deregistration be complete prior to the removal of the bullet button and reinstallation of the Armalite design magazine release.
Since AW2 is already RAW and legal without a BB, I'm not sure why you would want to install a BB, but under the laws which you originally registered AW2, there does not appear to be any prohibition on changing the magazine release type.

On #9, constructive possession does not apply to California AW, clarified by the DOJ regs stating that the lower separated from the upper does NOT constitute a semiautomatic firearm even when in possession of the same person.

That "featured" lower could legally be assembled to a bolt action or rimfire upper and remain in compliance with the new laws.

[Quiet]

One more question, below. The DOJ is not allowing people to register lowers; they only allow fully-built, functional semi-auto firearms to be registered.

9. After 7/1/18, I come across a lower with pistol grip, BB, and stock installed, and it is sittlng next to, but not attached to, a 5.56mm upper. This firearm was not eligible for AW registration in the condition I found it. Is it an AW by constructive possession?

Thanks for any help you can provide to clarify these questions.

As a CA LEO, this is something that you must clarify with your chain-of-command and DA's Office.

[1911_sfca]

Thanks for the responses guys, I appreciate it.

Legally, AW2 should have been registered as an assault weapon within 90 days of acquiring the firearm in 2010. [PC 30630(b)(2)]

It was.