Multiburst Triggers in AOWs???

[franklinarmory]

Several months ago, we looked at Multi-Burst Trigger Activators and realized that they are contained under the old 12020 chapter of the Penal Code. This means that AOWs and C&R SBRs are arguably exempt from the MBTA regulations. However, when we looked around for a quality MBTA, we couldn't find one. Consequently, we went about developing a new trigger of our own. (...which I do not believe is an MTBA.)

The first video in the series is right here:

https://www.youtube.com/watch?v=XBhX0M5kHnE&feature=youtu.be

[Quiet]

current applicable Penal Codes...

Penal Code 17710
(a) The provisions listed in Section 16590 do not apply to "any other weapon" as defined in subsection (e) of Section 5845 of Title 26 of the United States Code, which is in the possession of a person permitted to possess the weapons under the federal Gun Control Act of 1968 (Public Law 90-618), as amended, and the regulations issued pursuant thereto.
(b) Any person prohibited by Chapter 1 (commencing with Section 29610), Chapter 2 (commencing with Section 29800), or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of this part, or Section 8100 or 8103 of the Welfare and Institutions Code, from possessing these weapons who obtains title to these weapons by bequest or intestate succession may retain title for not more than one year, but actual possession of these weapons at any time is punishable under Chapter 1 (commencing with Section 29610), Chapter 2 (commencing with Section 29800), or Chapter 3 (commencing with
Section 29900) of Division 9 of Title 4 of this part, or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year, the person shall transfer title to the weapons by sale, gift, or other disposition. Any person who violates this section is in violation of the applicable provision listed in Section 16590.
(c) The exemption provided by this section does not apply to a pen gun.

Penal Code 16590
As used in this part, "generally prohibited weapon" means any of the following:
(a) An air gauge knife, as prohibited by Section 20310.
(b) Ammunition that contains or consists of a flechette dart, as prohibited by Section 30210.
(c) A ballistic knife, as prohibited by Section 21110.
(d) A belt buckle knife, as prohibited by Section 20410.
(e) A bullet containing or carrying an explosive agent, as prohibited by Section 30210.
(f) A camouflaging firearm container, as prohibited by Section 24310.
(g) A cane gun, as prohibited by Section 24410.
(h) A cane sword, as prohibited by Section 20510.
(i) A concealed dirk or dagger, as prohibited by Section 21310.
(j) A concealed explosive substance, other than fixed ammunition, as prohibited by Section 19100.
(k) A firearm that is not immediately recognizable as a firearm, as prohibited by Section 24510.
(l) A large-capacity magazine, as prohibited by Section 32310.
(m) A leaded cane or an instrument or weapon of the kind commonly known as a billy, blackjack, sandbag, sandclub, sap, or slungshot, as prohibited by Section 22210.
(n) A lipstick case knife, as prohibited by Section 20610.
(o) Metal knuckles, as prohibited by Section 21810.
(p) A metal military practice handgrenade or a metal replica handgrenade, as prohibited by Section 19200.
(q) A multiburst trigger activator, as prohibited by Section 32900.
(r) A nunchaku, as prohibited by Section 22010.
(s) A shobi-zue, as prohibited by Section 20710.
(t) A short-barreled rifle or short-barreled shotgun, as prohibited by Section 33215.
(u) A shuriken, as prohibited by Section 22410.
(v) An unconventional pistol, as prohibited by Section 31500.
(w) An undetectable firearm, as prohibited by Section 24610.
(x) A wallet gun, as prohibited by Section 24710.
(y) A writing pen knife, as prohibited by Section 20910.
(z) A zip gun, as prohibited by Section 33600.

[ke6guj]

interesting idea. not sure if the AOW status of the firearm would extend to the MBTA contained within it and be included in the exemption that AOWs enjoy.

[franklinarmory]

interesting idea. not sure if the AOW status of the firearm would extend to the MBTA contained within it and be included in the exemption that AOWs enjoy.

If it was an integral part of the function of the AOW, I would believe that it would be. ...However, I don't believe that this new trigger is an MBTA.

I should also point out that LE officers are exempt from the prohibition of MBTAs.

[Quiet]

I should also point out that LE officers are exempt from the prohibition of MBTAs.

LE exemption only applies for official use. [PC 17730(a)&(b)]






Penal Code 16590
As used in this part, "generally prohibited weapon" means any of the following:
(q) A multiburst trigger activator, as prohibited by Section 32900.

Penal Code 16930
As used in this part, a "multiburst trigger activator" means either of the following:
(a) A device designed or redesigned to be attached to a semiautomatic firearm, which allows the firearm to discharge two or more shots in a burst by activating the device.
(b) A manual or power-driven trigger activating device constructed and designed so that when attached to a semiautomatic firearm it increases the rate of fire of that firearm.

Penal Code 17730
The provisions listed in Section 16590 do not apply to any of the following:
(a) The sale to, possession of, or purchase of any weapon, device, or ammunition, other than a short-barreled rifle or a short-barreled shotgun, by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law for use in the discharge of its official duties.
(b) The possession of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by any peace officer of any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, when the officer is on duty and the use is authorized by the agency and is within the course and scope of the officer's duties.
(c) Any weapon, device, or ammunition, other than a short-barreled rifle or a short-barreled shotgun, that is sold by, manufactured by, exposed or kept for sale by, possessed by, imported by, or lent by, any person who is in the business of selling weapons, devices, and ammunition listed in Section 16590 solely to the entities referred to in subdivision (a) when engaging in transactions with those entities.

Penal Code 32900
Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any multiburst trigger activator is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

Penal Code 32990
Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any multiburst trigger activator is a nuisance and is subject to Section 18010.

Penal Code 18010
(a) The Attorney General, district attorney, or city attorney may bring an action to enjoin the manufacture of, importation of, keeping for sale of, offering or exposing for sale, giving, lending, or possession of, any item that constitutes a nuisance under any of the following provisions:
(21) Section 32990, relating to a multiburst trigger activator.
(b) These weapons shall be subject to confiscation and summary destruction whenever found within the state.
(c) These weapons shall be destroyed in the same manner described in Section 18005, except that upon the certification of a judge or of the district attorney that the ends of justice will be served thereby, the weapon shall be preserved until the necessity for its use ceases.

[franklinarmory]

I hear ya Quiet. There is a legitimate LE use of this design that will be explained in the future. At that point, it may not be a stretch for those officers to have this trigger in their rifle. Of course, we are not saying that this is an MBTA.

[Quiet]

I hear ya Quiet. There is a legitimate LE use of this design that will be explained in the future. At that point, it may not be a stretch for those officers to have this trigger in their rifle. Of course, we are not saying that this is an MBTA.

Keep up the good work and staying on the cutting edge.

[Ubermcoupe]

Looking forward to more details on/after SHOT.

[Jimi Jah]

Try and get some govment officials or even ATF guys at Shot to look it over and comment on it.

[franklinarmory]

http://youtu.be/AtuZfONeqbM

Video #2