RV'er Visiting CA with AR

[Hayduke]

Hi,

Would I be ok to bring an AR to CA if I remove BCG and separate upper and lower? It's a Daniel Defense M4.

Full time RV'er so no "leave at home" option. If I can determine I'll enter and exit via same route I may try to find a gun shop in AZ to store, but haven't finalized plans yet.

I assume my 30rnd mags are verboten and no easy way to make legal?

Thanks!

[Quiet]

RV'er Visiting CA with AR

Would I be ok to bring an AR to CA if I remove BCG and separate upper and lower? It's a Daniel Defense M4.

Full time RV'er so no "leave at home" option. If I can determine I'll enter and exit via same route I may try to find a gun shop in AZ to store, but haven't finalized plans yet.

I assume my 30rnd mags are verboten and no easy way to make legal?

Disassemble the AR style rifle and store the two halves in separate containers.
^This is to avoid possessing a "broken assault weapon" in CA, which has happen in the past when the parts are stored together.
~To avoid Federal GFSZ issues, lock the container that contains the AR lower receiver.

It's illegal to bring large capacity magazines and large capacity magazine parts kits to CA.

It's legal to bring permanently altered 10 round magazines to CA.
^Example... install magblock to limit capacity to 10 rounds, then epoxy/rivet the magazine floor plate closed.

Also, keep in mind...

If the RV is parked and hooked up, in a designated RV area, then it's considered a residence.
^CA legal firearms can loaded and do not have to be locked up.

If the RV is parked in a non-designated RV area (on or along a road/highway, in a commerical or public parking lot, etc), then it's considered a vehicle.
^Handguns need to be unloaded and in a locked container, that is hidden from plain view.
~Long guns need to be unloaded.

[M1NM]

https://www.calguns.net/caawid/flowchart.pdf

It's not on the banned by name list. You'll be ok just separating the upper and lower. No way to "legally" bring the 30 round mags in.

[Hayduke]

Thanks!

Does marijuana complicate matters?

I occasionally smoke CBD flower which looks for all the world like real pot but no THC. It's hard to find and I generally have ~1/2 oz on hand.

A typical LEO would assume real. I know marijuana is legal in CA but wonder about the firearm/pot laws.

Also curious as ALL marijuana is still illegal in feds eyes but AR they have no opinion on. I mean they can't have it both ways logically. AR legal by feds but illegal CA, marijuana legal by CA, illegal feds....As IF feds play by logic!

[Quiet]

Does marijuana complicate matters?

I occasionally smoke CBD flower which looks for all the world like real pot but no THC. It's hard to find and I generally have ~1/2 oz on hand.

A typical LEO would assume real. I know marijuana is legal in CA but wonder about the firearm/pot laws.

Also curious as ALL marijuana is still illegal in feds eyes but AR they have no opinion on. I mean they can't have it both ways logically. AR legal by feds but illegal CA, marijuana legal by CA, illegal feds....As IF feds play by logic!

Yes, it complicates matters.

Under Federal laws, a user of marijuana is a prohibited person that cannot legally own or possess any firearms or ammunition. [18 USC 922(g)(3)]

Federal Courts have upheld that a person that uses, grows/makes, or possesses marijuana makes that person a prohibited person that can not legally own or possess any firearms or ammunitions.
^As of 04-2023, 11 of 12 Federal Circuit Courts of Appeals have upheld this.
~In 04-2023, the 5th Circuit Court of Appeals (LA, MS, TX) split from the other Circuit Courts of Appeals to rule that use of intoxicants (drugs/alcohol) does not make the user a prohibited person that can no longer legally own/possess firearms/ammunition.

This restriction even applies to a person that has never used marijuana but has a medical marijuana card, so they can obtain and transport medical marijuana for bedridden cancer patients.
^This came about due to a criminal case in NV. The NV Courts, lower Federal Court of NV, and Ninth Circuit Court of Appeals upheld this person's conviction of being a prohibited person in possession of a firearm.
~Under NV laws, recreational use and possession under 1oz of marijuana, in non-prohibited areas of NV, is legal. But, use of marijuana makes that person a prohibited person that cannot legally own or possess any firearms or ammunition.

Even though recreational use and possession under 1oz of marijuana has been de-criminalized in CA, CA LE agencies will collect user's info and pass it on to Federal LE agencies (DEA, BATFE) for enforcement of the Federal prohibition on being a user and possessing/owning firearms/ammunition.

[Hayduke]

Yes, it complicates matters.

Under Federal laws, a user of marijuana is a prohibited person that cannot legally own or possess any firearms or ammunition. [18 USC 922(g)(3)]

Federal Courts have upheld that a person that uses, grows/makes, or possesses marijuana makes that person a prohibited person that can not legally own or possess any firearms or ammunitions.
^As of 04-2023, 11 of 12 Federal Circuit Courts of Appeals have upheld this.
~In 04-2023, the 5th Circuit Court of Appeals (LA, MS, TX) split from the other Circuit Courts of Appeals to rule that use of intoxicants (drugs/alcohol) does not make the user a prohibited person that can no longer legally own/possess firearms/ammunition.

This restriction even applies to a person that has never used marijuana but has a medical marijuana card, so they can obtain and transport medical marijuana for bedridden cancer patients.
^This came about due to a criminal case in NV. The NV Courts, lower Federal Court of NV, and Ninth Circuit Court of Appeals upheld this person's conviction of being a prohibited person in possession of a firearm.
~Under NV laws, recreational use and possession under 1oz of marijuana, in non-prohibited areas of NV, is legal. But, use of marijuana makes that person a prohibited person that cannot legally own or possess any firearms or ammunition.

Even though recreational use and possession under 1oz of marijuana has been de-criminalized in CA, CA LE agencies will collect user's info and pass it on to Federal LE agencies (DEA, BATFE) for enforcement of the Federal prohibition on being a user and possessing/owning firearms/ammunition.

I thought I may have read this.

Pretty funny actually. Alcohol is involved in ~75% of gun crimes and I bet pot in 0%

So I guess I'm already a criminal....

Thanks for posting that up for me!

BUT does this apply to a disassembled or incomplete firearm?

[Quiet]

BUT does this apply to a disassembled or incomplete firearm?

Still applies to firearms that are made inoperable.

A few years back, there was a case in AZ that resulted in a Federal conviction for a prohibited person in possession of a firearm for possessing stripped firearm receivers.


It does not apply to firearms that are demilled/destroyed per BATFE specifications.

[Hayduke]

Still applies to firearms that are made inoperable.

A few years back, there was a case in AZ that resulted in a Federal conviction for a prohibited person in possession of a firearm for possessing stripped firearm receivers.


It does not apply to firearms that are demilled/destroyed per BATFE specifications.

Thanks again!

I assume CBD is not an issue though since federally legal. I can dump the flower and use labeled tinctures when need be.

I wonder how much the prosecutions are more about "getting the bad guy" as opposed to harassing citizens posing no threat. What other charges and circumstances were involved? You know often only easy charges are pressed to make sure the perp is nailed one way or another.

It's patently absurd you can combine two separately legal items into felony charge. Sure you can combine legal compounds into a bomb but they change physical form into an illegal or threatening substance. AMAZING a first year lawyer hasn't been able to argue the insanity of such a law!

4473 changed the wording since I last made a firearm purchase and it now addresses marijuana specifically. BUT it clearly refers to purchases.

I'll have to see if there is a marijuana discussion thread!

Thank you again for taking the time to address my concerns!

[P5Ret]

I thought I may have read this.

Pretty funny actually. Alcohol is involved in ~75% of gun crimes and I bet pot in 0%

So I guess I'm already a criminal....

Thanks for posting that up for me!

BUT does this apply to a disassembled or incomplete firearm?

I'd really like to see your source material for this statistic.

In light of the fact that we already know that the vast majority of so called "gun violence" happens in the inner city amongst younger black males. The same exact group who are most often arrested for marijuana possession, in states where it is still illegal.

[Hayduke]

I'd really like to see your source material for this statistic.

In light of the fact that we already know that the vast majority of so called "gun violence" happens in the inner city amongst younger black males. The same exact group who are most often arrested for marijuana possession, in states where it is still illegal.

I'm sorry I misspoke; stats I read (I'll look for source) referred to violent crime and injuries so include suicides and drunk driving, simple assaults, domestic violence etc. I think it's easy to find studies that claim ~30% of gun crimes involved alcohol. I bet the reality is higher

There's starting to be a rise in marijuana and crimes BUT not that being stoned fueled violence. No where near the problem alcohol!

I've been around LOTS of compromised people and ask a LEO how drunks behave as opposed to stoners. I'm sure most would rather get the call for stoned teens in the park than drunks at the bar!

Ban alcohol, and despite the threat of Al Capone, life with be better for us all! That's why I laugh at anti-2A as they have no interest in public safety as alcohol is the fuel for the bulk of violent crimes and injuries.

[BAJ475]

...

Ban alcohol, and despite the threat of Al Capone, life with be better for us all! ....

I say BS. Tell me how my life would be better and how would the lives of those in my local homebrew club be better or the owner of the local homebrew supply store where we purchase ingredients and equipment?

[hermosabeach]

I'll say a local PD arrested a man for a separated AR.

He thought he has a legit AW bust.

You can beat the rap, but not the ride.....

[Hayduke]

I say BS. Tell me how my life would be better and how would the lives of those in my local homebrew club be better or the owner of the local homebrew supply store where we purchase ingredients and equipment?

First of all I am not calling for a ban of alcohol just that if you are of the bleeding heart type and want to make public safety a priority you start with alcohol WAY before firearms.


Stats are WAY easy to find if you have been lucky enough to live a life unscathed by or not observed ill effects of alcohol.

Alcohol DIRECTLY caused ~140,000 deaths per year.

~13,000 drunk driving deaths. 100's of 1000's injured.

Our insurance rates are directly affected by alcohol abuse.

I have DOZENS of first hand experiences with ruined lived from alcohol! Marijuana too BUT those are because it destroyed initiative except for certain activities such as working 9-5 40 weeks . Some thrive it though! I spent time with old friends and we'd meet at breakfast table and I'd have my coffee and they'd smoke a bowl and go to work. I'd have been on the couch for the rest of the day!

Marijuana issues are a bit cloudy as we're just starting to see widespread usage of high potency cannabis that may change but the idea pot is a schedule 1 drug and you can buy alcohol EVERYWHERE is ridiculous! Local store has ammo and hard liquor side by side on shelf behind counter. That makes me cringe! Just optics but consider how stupid the average American is and realize half are dumber than that! (G. Carlin)

[Tere_Hanges]

I'll say a local PD arrested a man for a separated AR.

He thought he has a legit AW bust.

You can beat the rap, but not the ride.....

This. Cops arent lawyers. They screw up all the time. And they arent going to believe you if they think/feel you are up to no good. I reckon most of them will go out of their way to phuq you royally if you start lecturing them about gun laws/rights. Could be a situation where you are guilty until proven innocent. It could very well be an expensive and time consuming proposition to clear your name through the criminal "justice" system.

Wouldnt it be legal to convert the DD to featureless and take the pistol grip with you? Or is holding on to the pistol grip constructive possession?

[Jimi Jah]

Any illegal drug makes a gun owner a felon, unless your last name is Biden.