Seperating your AR pattern rifle ??

[sreiter]

According to the the proposed new regulations, if the upper is fully separated from the lower, the weapon isnt considered a AW.

if i separate them for either transport is a "short" case, or even to clean it, does reassembling it trigger a "manufacturing assault weapon" crime (assuming i've already registered)?

[Rgarbarino]

Don't over think it....

[wpage]

Sounds logical...

Tell it to the judge.

[Quiet]

According to the the proposed new regulations, if the upper is fully separated from the lower, the weapon isnt considered a AW.

if i separate them for either transport is a "short" case, or even to clean it, does reassembling it trigger a "manufacturing assault weapon" crime (assuming i've already registered)?

Penal Code 29180

[mshill]

According to the the proposed new regulations, if the upper is fully separated from the lower, the weapon isnt considered a AW.

if i separate them for either transport is a "short" case, or even to clean it, does reassembling it trigger a "manufacturing assault weapon" crime (assuming i've already registered)?

If a tree falls in the forest and there is no one around to hear it, does it make a sound? This question and yours are similar, think about it.

Is it only CalGuns where people the up the most insane questions/scenarios?

[Whiterabbit]

How about this:

Separate and its no longer a BBRAW. So does that mean destination requirements no longer apply?

[Robotron2k84]

They still do. If RAW, always RAW until unregistered (if applicable). Once registered you have to deal with the DOJ to change the disposition of the gun. Separating the receiver and upper to get around the classification of a BBAW would only apply if not already registered.

[AregularGuy]

If a tree falls in the forest and there is no one around to hear it, does it make a sound? This question and yours are similar, think about it.

Is it only CalGuns where people the up the most insane questions/scenarios?

This is because only in California do we have to worry about the most ridiculous scenarios a human mind can imagine, then apply that to our insane laws. Do not blame the members of CG for worrying over the Web of traps our esteemed legislators have laid for us.

[Rm7pr]

If a tree falls in the forest and there is no one around to hear it, does it make a sound? This question and yours are similar, think about it.



Is it only CalGuns where people the up the most insane questions/scenarios?

[Dvrjon]

According to the the proposed new regulations, if the upper is fully separated from the lower, the weapon isnt considered a AW.

if i separate them for either transport is a "short" case, or even to clean it, does reassembling it trigger a "manufacturing assault weapon" crime (assuming i've already registered)?

Some things to consider:

PEN 29180 specifically speaks to manufacture and assembly of a "firearm", not an "assault weapon".

PEN 29180 (https://leginfo.legislature.ca.gov/f...onNum=29180.):

means to fabricate or construct a firearm, or to fit together the component parts of a firearm to construct a firearm.

"Firearm" is defined in PEN 16520: (http://leginfo.legislature.ca.gov/fa...ionNum=16520):

16520 (a) As used in this part, , designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.

Since the activity to, "...fit together the component parts of a firearm to construct a firearm," had already taken place to create the "device", the device existed prior to your disassembly, and, the device was (and continues to be) a firearm. Reassembly of the firearm doesn't appear to be able to constitute "manufacture", since it was already manufactured.

Also, PEN 29180(a) [citation, above], states, "For purposes of this chapter,...". PEN 29180 is contained within Division 7, Chapter 3 of the Penal Code. Assault Weapon prohibitions are contained within Division 10, Chapter 2. So, the provisions of Section 29180 don't appear to be directly applicable to BBAW activities.

However, since "manufacture" isn't defined within the AW provisions, an argument may be made that, since the Legislature placed a definition within section 29180, then that definition could be ably employed in this context. But, if that consideration is valid, then one must also accept the provisions of PEN 29181 (https://leginfo.legislature.ca.gov/f...onNum=29181.):

29181.
Section 29180 does not apply to or affect any of the following:
(a) A firearm that has a serial number assigned to it pursuant to either Section 23910 or Chapter 44 (commencing with Section 921) of Part 1 of Title 18 of the United States Code and the regulations issued pursuant thereto.

Your registered BBAW which you disassembled has an assigned serial number, therefore, 29180 doesn't appear to be able to be applied to it.

Finally, the regulations controlling AWs state (https://govt.westlaw.com/calregs/Doc...ta=(sc.Default)):

(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.

Note that the regulation deems the disassembled weapon to still be a firearm, but now is no longer a semi-automatic. (The definition of an AW requires the firearm to be semi-automatic.) Given that the government regulations specifically allow the AR pattern to be separated, it would seem fairly problematic for the government to claim that reassembling would constitute a crime. What you've reassembled appears to be a registered BBAW.

With that, it doesn't appear that reassembly of an AR-pattern registered assault weapon can constitute manufacturing an AW.

[Dvrjon]

They still do. If RAW, always RAW until unregistered (if applicable). Once registered you have to deal with the DOJ to change the disposition of the gun. Separating the receiver and upper to get around the classification of a BBAW would only apply if not already registered.

How does this theory align with:

30515.
(a) Notwithstanding Section 30510, means any of the following:
(1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following:

and, this:

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.

[Robotron2k84]

Because a RAW is a known quantity to the DOJ. You specifically asked them to register it as an Assault Weapon, which seems to obviate the PC you quote, as it pertains to what is registerable or classifiable as a generic AW, not once it's registered. Once registered no other definitions need apply as the serial number exists in the RAW database. At no point ever does the lower cease to be an Assault Weapon without deregistration, or else in some fashion you would be able to transfer it.

Register: verb: To enter into an official list. You have allowed the DOJ to permanently classify your rifle (etc.) as an AW.

OP asked about reassembling a disassembled AW after registering. At that point, regardless of the state, the weapon's lower is a RAW. Breaking it down or putting it back together doesn't change the state of the serial in the database.

However, if the tomfoolery of the BBAW regs are allowed to stand, conceivably the other components of your rifle as depicted in the photos given as part of registration could be considered parts of a RAW as well, as the DOJ attempts to move past simply the serialized lower towards a controlled assemblage of parts. Future DOJ regulations could say you have to leave it in the registered configuration only. That selling your upper is an illegal transfer. If ammo can be subject to transfer requirements, why not uppers as well?

That's the danger of allowing their BS to go unchallenged.

Good luck trying to claim otherwise.

[sreiter]

If a tree falls in the forest and there is no one around to hear it, does it make a sound? This question and yours are similar, think about it.

Is it only CalGuns where people the up the most insane questions/scenarios?

THE QUESTION WAS "If i transport it in a case separated..."

Yeah, bringing it to a range and assembling with the chance of a cop seeing you is TOTALLY A INSANE QUESTION

[sreiter]

This is because only in California do we have to worry about the most ridiculous scenarios a human mind can imagine, then apply that to our insane laws. Do not blame the members of CG for worrying over the Web of traps our esteemed legislators have laid for us.

EXACTLY - thank you for being the only person who isnt an idiot

[sreiter]

BTW - FOR ALL THE SMART ASSES - Go listen to last Michel / CRPA webinar they gave where they specifically talk about this. "once you seperate, its no longer a AW..blah blah blah