Is a disassembled rifle still an "assault weapon"?

[wpage]

This may be true. Though officers I know that have discussions with. Have there own questions. Most will call in the information when discovered and get a opinion from a department expert in enforcement of the day rules.

[Tere_Hanges]

Whats keeping LEOS from joining the two halves and saying it was like that when they found them? Your word against theirs. I think it would sound like a pretty lame defense trying to prove it in court. Remember you are guilty until proven innocent, not the other way around.

I'd make sure my lower receivers were completely stripped.

[MFortie]

Perhaps a cable style lock through one or both of the takedown pin holes in the lower?

Whats keeping LEOS from joining the two halves and saying it was like that when they found them? Your word against theirs. I think it would sound like a pretty lame defense trying to prove it in court. Remember you are guilty until proven innocent, not the other way around.

I'd make sure my lower receivers were completely stripped.

[Chewy65]

Is there a problem with constructive possession, if you have all the components but they simply are not assembled? I am not so sure that the Rule of Lenity followed in the Federal decision of United States v. Thompson/Center since this ist a CA law and I can also imagine a CA court adopting the arguments of the dissenters in the Federal decision.

This would seem to rule out application of the constructive possession doctrine:

(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.

[OlderThanDirt]

[Glock21sfsd]

I thhought I read in the new law that a seperated lower and upper are not an assoult weapon

[Dvrjon]

The first step in the process is the definition of an assault weapon, specifically the requirement that it be a semi-automatic, centerfire rifle:
The California Code of Regulations promulgated for this law (which, as Librarian indicated, are under litigation) is here:
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.
(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.)

-Note that the separation of a complete upper and a complete lower is limited specifically to only the AR-15 style firearm.

-Note that the stripped AR-15 receiver exception is based solely upon its configuration upon sale at a California store.

[Dvrjon]

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!

No.

[Dvrjon]

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.

Sent from my SM-N950U using Tapatalk

Currently, neither the M1A nor the Ruger mini are included in the definition of an assault weapon.

They would have been included in previous efforts which were vetoed or stalled in the Legislature. How they will be treated under any new legislative attempts and whether those attempts will be successful is completely unknown.

[hillgoat]

(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.

So, if upper and lower are in custody of 2 different persons - it becomes semiautomatic.

*(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.)

[OlderThanDirt]

More proof that goats fail at reading comprehension.

[snowdog650]

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!

It is truly amazing to see what people consider a "win" in this state.

[radicalray]

I thhought I read in the new law that a seperated lower and upper are not an assoult weapon

Correct not AW as others have said. lower still needs to be transported like a regular rifle or pistol which ever applies

[paddyraid]

It is truly amazing to see what people consider a "win" in this state.

was being silly...

[Jimi Jah]

It really depends on what the affirmative action jury says it is.