LEO RAW Question.

[tomsocal]

I have a friend who is a 29 year LEO and will be retiring 5 months. He has a RAW (patrol rifle) he purchased in 2009 with a letter from his agency. He has been trying to sell to other officers without luck. I was wondering if I could buy the upper and all other parts except for the lower receiver and if he could surrender the lower to his agency per CA DOJ requirements based upon the letter from past AG J. Brown?

[Borrego4746]

Im 99 percent sure ur idea is correct, as the lower is considered the actuall firearm and it is prob stamped law enforcement only.

He should send his concern up the chain of command...

[P5Ret]

Has he inquired as to the department's policy? The letter from moonbeam was an opinion only, and not very binding as there is no requirement in law to surrender as far as I know. If the department is requiring that he give up his personally owned property, are they going to compensate him for the loss? At fair market value also.

[Falconis]

I would tell him to keep it until he has a court order telling him otherwise.

[Ron-Solo]

He should keep it. The AG Opinion is not law.

It is his property and it is lawfully registered to him.

[TRICKSTER]

Has he inquired as to the department's policy? The letter from moonbeam was an opinion only, and not very binding as there is no requirement in law to surrender as far as I know. If the department is requiring that he give up his personally owned property, are they going to compensate him for the loss? At fair market value also.

^This. Has he been told by his department that he is required to surrender it or does he just assume, based on Brown's AG letter, that he is required to do so? So far there is no law requiring him to surrender the RAW upon retirement.

[tomsocal]

Ok he says his current dept policy (based on ag opinion and aw ban) is that the RAW must be transferred to a qualified buyer or out of state (using a qualified ffl), turned in for destruction, or rendered inoperable. He doesn't want to keep it in violation of dept policy fearing it might prevent him from receiving his ccw from his dept or end up in a visit by the DOJ gun grabbers. Basically he wants to know if DOJ will hassle him if he turns in a striped lower receiver or if the entire gun would have to be turned in? Someone wondered if the lower was stamped, "Law Enforcement Only." I asked him if this was the case and he said it was a Bushmaster lower with no LEO only markings.

[CaptMike]

The receiver is the firearmN so that is what doj wants. I have co worker that had a grandfather pass 5 years ago. DOJ knocked on the grandmothers door 1 month ago and informed her they were their for the registered assault weapon that belolnged to grandpa. They told her she could turn over the colt ar now or they coluld come back the next day for the receiver. That night they stripped the rifle and the next day doj came to pick up the receiver

[tomsocal]

Thanks for the replys folks.

[urbancommando]

Take it all apart even the LPK and sell it all on gun broker. Simple.

[TRICKSTER]

He can always try this........
From the CA DOJ FAQ Assault Weapon Registration page.

http://oag.ca.gov/firearms/regagunfaqs#13

If I registered my SB 23 assault weapon and now I remove the characteristic(s) that make it an assault weapon, can I cancel the registration?

Yes. If the defining characteristics establishing a firearm as an SB 23 assault weapon are removed, it is no longer an assault weapon and the registration may be canceled. However, once the registration is canceled, you can never replace the characteristic(s) that make it an assault weapon, or you will be in possession of an illegal weapon.

THIS APPLIES ONLY TO FIREARMS DEFINED AS ASSAULT WEAPONS BY CHARACTERISTICS (Penal Code section 12276.1, SB 23). THIS DOES NOT APPLY TO ORIGINAL ROBERTI-ROOS ASSAULT WEAPONS OR AK and AR-15 SERIES WEAPONS IN THAT REMOVAL OF THEIR CHARACTERISTICS DOES NOT NEGATE THE REQUIREMENT TO REGISTER THE ASSAULT WEAPON.

[tomsocal]

Thanks.

[coverme2]

The receiver is the firearmN so that is what doj wants. I have co worker that had a grandfather pass 5 years ago. DOJ knocked on the grandmothers door 1 month ago and informed her they were their for the registered assault weapon that belolnged to grandpa. They told her she could turn over the colt ar now or they coluld come back the next day for the receiver. That night they stripped the rifle and the next day doj came to pick up the receiver

Wow So DOJ actually went to the house in person to physically collect the registered firearm??? Granted it was 5 years and a month after grandfather passed, but to know that DOJ will eventually and actually go to someone's house where the person lived or where the AW was registered...is...something to think about.

[urbancommando]

Coverme- DOJ has a task force specifically to take away guns from people who no longer have them felons people from 5150 holds etc. CA is the only state that has it

[Ron-Solo]

Wow So DOJ actually went to the house in person to physically collect the registered firearm??? Granted it was 5 years and a month after grandfather passed, but to know that DOJ will eventually and actually go to someone's house where the person lived or where the AW was registered...is...something to think about.

I'd politely say, "Come back with a warrant" and gently close the door. A registration is not sufficient cause to issue a warrant. Who is to say that the rifle wasn't sold out of state by Grandpa before he passed away.

DOJ is using bully tactics and can not legally force their way in to accomplish these seizures. They are pushing the envelope under our anti gun AG.