Is a disassembled rifle still an "assault weapon"?

[Messerschmitts]

Is a separated upper and lower considered an "assault weapon"? Does it depend if they are in the same container or not? Like it's fine if they are in separate locked containers?

If featureless semiauto ban occurs, would a Ruger mini or M1a (I have both) be "assault weapons" if you took out the trigger mechanism, stock, and bolt? Thanks, I suspect there will be no answer until someone is arrested for a disassembled weapon and there is a test case but maybe there already was and someone on the board knows.

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[paddyraid]

Ive been wondering the exact same thing.

[rivercityshooter]

Ive been wondering the exact same thing.

me to

[Tere_Hanges]

If its registered, the serialized receiver is for sure. The other parts probably arent.

[rivercityshooter]

Really, I was wondering if I dissemble a hand gun and transport the pieces in the car does the same rule of law apply on having to keep it in a locked container?

[Messerschmitts]

If its registered, the serialized receiver is for sure. The other parts probably arent.

What if it's not registered? The point of the question is, if you don't want to register, can you just disassemble the gun and store it until you can leave the state or for SHTF?

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[Messerschmitts]

Really, I was wondering if I dissemble a hand gun and transport the pieces in the car does the same rule of law apply on having to keep it in a locked container?

I've also wondered whether a stripped lower would need to be in a locked container because legally it's considered "a gun"

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[Tere_Hanges]

What if it's not registered? The point of the question is, if you don't want to register, can you just disassemble the gun and store it until you can leave the state or for SHTF?

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I think youre probably ok if the receiver is completely stripped, not one roll pin punched in. I have a stripped AR receiver that was never built, its not a complete gun, just a stripped receiver. It has no features that define it as an AW. I'm just hanging on to it to build out one day when I move out of this godforsaken state.

[Librarian]

Couple different things in here ...

1) a serialized part of a rifle is a 'gun' and must be transported according to the type of gun

2) according to the current, under litigation regulations, separated upper and lower are NOT an assault weapon.

[paddyraid]

What if it's not registered? The point of the question is, if you don't want to register, can you just disassemble the gun and store it until you can leave the state or for SHTF?

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Ive been wondering EXACTLY THIS too.

[StuckInTheP.R.O.Ca]

*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.
*(1) A mechanically whole semiautomatic firearm merely lacking ammunition and a
*proper magazine is a semiautomatic firearm.
(2) A mechanically whole semiautomatic firearm disabled by a gun lock or other
firearm safety device is a semiautomatic firearm. (All necessary parts are present, once
the gun lock or firearm safety device is removed, and weapon can be loaded with a
magazine and proper ammunition.)
(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.
*(4) A stripped AR-15 lower receiver, when sold at a California gun store, is not
*a semiautomatic firearm. (The action type, among other things, is undetermined.)

[Messerschmitts]

Couple different things in here ...

2) according to the current, under litigation regulations, separated upper and lower are NOT an assault weapon.

Fantastic. If a complete but separated upper and lower are not assault weapons, there's no way an M1a with no trigger mechanism, stock, bolt, or operating rod could possibly be a semi-automatic rifle.

But do the upper and lower have to be in separate locked containers or something? You probably don't know but I thought I'd ask.

I'm leaving Cali in June 2019 but want to avoid registration until then, for my current ARs, and for my M1a and Ruger mini if the semiauto ban passes. I just need to keep them barely legal for another 1.5 years.

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[Messerschmitts]

(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. [/B]

Thanks, this backs up what librarian said. Just wondering if I get in trouble if they're separated but in the same locked container in my house.

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[Blade Gunner]

I've also wondered whether a stripped lower would need to be in a locked container because legally it's considered "a gun"

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Yes in accordance with firearm storage regulations, but not under the storage requirements of an AW as it could not be registered as such.

[paddyraid]

hh) “Semiautomatic” means 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.
*(1) A mechanically whole semiautomatic firearm merely lacking ammunition and a
*proper magazine is a semiautomatic firearm.
(2) A mechanically whole semiautomatic firearm disabled by a gun lock or other
firearm safety device is a semiautomatic firearm. (All necessary parts are present, once
the gun lock or firearm safety device is removed, and weapon can be loaded with a
magazine and proper ammunition.)
(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.
*(4) A stripped AR-15 lower receiver, when sold at a California gun store, is not
*a semiautomatic firearm. (The action type, among other things, is undetermined.)

AWESOME!!!!!! I guess this means that IF (and that's a big IF) I had an unregistered pre ban AR15 purchased in 1998 before the 2000 or whatever California AW ban and separated the upper and lower before the ban took effect (and it's been separated ever since) then I am GTG??? Bahahahaha!