Deregistering a Bullet Button Registered Assault Weapon

[SandHill]

I have Saiga 5.45 conversion which has a bullet button and which I timely registered as a "Bullet Button Registered Assault Weapon." I would like to sell it, but can't sell it in California in this configuarion. I am considering converting it to featureless so I can deregister it and sell it in California. It has fixed stock already and a standard AK74 muzzle break, so I THINK all I need to do is put on a grip fin and I can deregister it, take off the bullet button. and sell it. Given the hostile legal environment, I want to be sure I do this right.

California Code of Regulations, title 11, division 5, chapter 39, article 2, section 5478 provides a process for this: https://casetext.com/regulation/cali...%20Longer%20in

Apparently I need to file a Form BOF 4546, "Notice of No Longer in Possession," even though I will still be in possesion, it just won't be a RAW anymore. Has anyone done this? Any tips? How long does the process take?

[MountainLion]

No, you can not file a 4546. That's because the 4546 is for specific scenarios, such as the firearm was confiscated by LE, or you sold it out of state. Since none of those specific scenarios applies, you will end up filing an incomplete form, which the DoJ will correctly refuse to process as it is incomplete. You might even commit perjury, when you sign under oath that you are no longer in possession, while in reality you are.

The question of how to deregister has been discussed at length, both here and in other places. Look for a post by the all-knowing Bill Wiese. As far as I remember, while it should legally be possible to de-register a RAW, there is no process in place for it, and I've never heard of anyone succeeding in it.

[Jimi Jah]

Might be easier to strip it down and replace and register a new lower.

[SandHill]

Might be easier to strip it down and replace and register a new lower.

LOL. There ain’t nothing easy about “switching a lower” on the AK platform! Plus it would destroy most of the value, since my rifle was built at the Izhmash factory in Russia.

[Gun Kraft]

No, you can not file a 4546. That's because the 4546 is for specific scenarios, such as the firearm was confiscated by LE, or you sold it out of state. Since none of those specific scenarios applies, you will end up filing an incomplete form, which the DoJ will correctly refuse to process

You sure about that?

https://casetext.com/regulation/california-code-of-regulations/title-11-law/division-5-firearms-regulations/chapter-39-assault-weapons-and-large-capacity-magazines/article-3-assault-weapon-registration/section-5478-registration-of-assault-weapons-pursuant-to-penal-code-section-30900b1-voluntary-deregistration

"Deregistration requests will also be accepted for assault weapons, as defined in Penal Code section 30515, that have been modified or reconfigured to no longer meet that definition."

[MountainLion]

Yes, the law and the registration say that AW deregistration for a weapon that has been modified should be possible. But the currently existing form 4546 does not allow that. Look at the form sometime: It has a list of check boxes, for situations like destroyed, confiscated, sold out of state, and so on. On the back of the form are instructions for when these checkboxes apply. To deregister an AW, one would have to file an incomplete form 4546. The regulation you point to also makes it clear that the form 4546 is to be used if the registrant is no longer in possession of the AW.

For deregistering due to modification, it seems that a letter (not a form) with all the required information should work, as the regulation says.

[SpecOpsMV]

This is what I was told to do recently after a phone call to DOJ ... or after I finally got through to them! Apparently, there is no specific deregistration form so it must be done through a letter to them.

DOJ / BOF - AWR (Deregistration)
P.O. Box 160367
Sacramento, CA 95816


Re: Assault Weapon Deregistration Request


Pursuant to Section 5478, and with receipt of this letter, please begin the Deregistration process for the following previously Registered Assault Weapon:

Registrant Information: (name)
Registrant Address:
Registrant Phone Number:

Assault Weapon Make:
Assault Weapon Model:
Assault Weapon Serial Number:

Registration Number: (very important)

Attached are two photographs confirming the remaining lower portion of the firearm has been reconfigured (via removal of the pistol grip and telescoping stock) to no longer meet the definition of an assault weapon.

Unfortunately I never followed through so I have no idea how long this takes, but was told they would send out a letter confirming the status of the now deregistered weapon for your records.

As always, your results may vary ... hope his helps.

Dale

[SandHill]

^^^ Very helpful, thanks Dale!

It would be great to hear from anyone out there who has actually done this. I expect it could take a loooong time

[MAX123]

For your information, I actually went through the process, and it took 2 years from submitting the paperwork to getting an approval letter. It sucks!

[SandHill]

For your information, I actually went through the process, and it took 2 years from submitting the paperwork to getting an approval letter. It sucks!

Thanks, Max. Not what I wanted to hear, but what I needed to hear.

[brianm767]

Good information, I have a Daewoo DR200 and a SA SAR 8 I'd like to deregister.