2016 assault weapon laws

[Mack661]

Reading the law (SB 880), which is confusing, it appears that assault weapons purchased after 2001 using department letterhead would have to be registered again to satisfy the new laws. anybody have the answer?

[TJW]

I don't see anything about re-registering. Looks to me like there making sure bullet button type AR's that were lawfully possessed prior to January 1 2017, get registered for the first time before January 1 2018. If your's is already registered, looks like your okay per section (c).

30680. Section 30605 does not apply to the possession of an assault weapon by a person who has possessed the assault weapon prior to January 1, 2017, if all of the following are applicable:

(a) Prior to January 1, 2017, the person was eligible to register that assault weapon pursuant to subdivision (b) of Section 30900.

(b) The person lawfully possessed that assault weapon prior to January 1, 2017.

(c) The person registers the assault weapon by January 1, 2018, in accordance with subdivision (b) of Section 30900.

[TJW]

If yours is already registered, you have already me the requirements of (a) (b) and (c)

30680. Section 30605 does not apply to the possession of an assault weapon by a person who has possessed the assault weapon prior to January 1, 2017, if all of the following are applicable:

(a) Prior to January 1, 2017, the person was eligible to register that assault weapon pursuant to subdivision (b) of Section 30900.

(b) The person lawfully possessed that assault weapon prior to January 1, 2017.

(c) The person registers the assault weapon by January 1, 2018, in accordance with subdivision (b) of Section 30900.

[trendar5]

Does anybody know if the BB's can be removed and replaced with regular mag release once the rifle is registered? Or does this new law create a new category of "bullet button AW's" that must remain in that configuration?

[Librarian]

Does anybody know if the BB's can be removed and replaced with regular mag release once the rifle is registered? Or does this new law create a new category of "bullet button AW's" that must remain in that configuration?

No, nobody knows for certain, except perhaps the folks writing the regs at DOJ, and they're not talking.

[Bart1015]

I am assuming (I know we never should), that it is the same as the 2000 ban (SB23).

If a gun is classed and registered as an AW, then it is an AW. Does not matter what made it into that class. That is how we/LE interpreted it when SB23 came down.

For instance, prior to SB23, a lot of ARs had no flash hiders, bayo mounts and had standard A1/A2 stocks. They ended up in the SB23 because of the removable mag and pistol grip. Once registered, Those same AW would be fine with flash hiders, bayo mounts or folding/collapsible stocks added.

There is no Penal Code violation for making a legally registered AW into a "more or worse" AW based on features.

In fact, when guns were registered in accordance to SB23 the return paperwork to the gun owner did not specify why the registered firearm was classed AW. LE did not and still does not have access to the specific features which made the specific SB23 registered weapon into an AW.

As far as I have read, the new laws do not address removing the BB or other devices at with regards to legally registered AWs. It appears to me, they specifically prohibited the possession of the standard capacity mags to ensure the registered AWs with removed BB would only be used with 10rd mags.

Lame, but it is life in G.Ns. wonderful world.

In order to ban the BB removal, a section in the new law or a separate Penal Code would have to been created specifically prohibiting the removal of a BB equipped AW rifle/pistol.

I understand DOJ will want the feature which made the gun in question into an AW at the time of registration. They may want the information, but I do not see any penalty or PC violation in regards to removing the BB.

It also may be a hook to see if anyone will try to register a gun that would have been prohibited prior to 2017 and after 2000 or even the R&R AW 1989. It could also be for AW stats.

This is/was "Just my two cents", please research on your own via the Penal Code, DOJ published info and an attorney. No one here can defend you in court. Ultimately you just need to make sure what you want to do is legal.