FFLs and California law compliance?

[Gryff]

Can a California FFL bring a firearm into compliance with state assault weapon laws after being shipped to them by an out-of-state FFL, or does the gun need to arrive in a legal configuration?

Example: Individual purchases a AR or AK-style pistol that has a 16" barrel. It arrives at the California FFL where they add a fin grip and a fixed stock (converting the gun to a rifle).

Assuming no other evil features so it qualifies as featureless, and the gun meets the OAL rules, is this something that is legal for them to now DROS the gun as a rifle?

[????? ????]

[ronlglock]

So you are saying AW permit and FFL07?

[sfe187]

Isn't that's the whole purpose of a middleman.

[BONECUTTER]

So you are saying AW permit and FFL07?

No, even with a AW and 07FFL we can not make aw ca compliant. They will pull my AW permit.

[EBR Works]

Isn't that's the whole purpose of a middleman.

Exactly.

[Gryff]

Thanks for the info!

[????? ????]

So you are saying AW permit and FFL07?

Under Penal Code section 31005, the California Department of Justice can issue permits for assault weapons. The application is at https://oag.ca.gov/system/files/media/FD030DWapp.pdf

The information about the application, which lists the requirements of California Code of Regulations, Title 11, section 4128, is at https://oag.ca.gov/sites/all/files/a...-bof-0131a.pdf

California Code of Regulations, Title 11, section 4128, subdivision (c) says:

(c) To establish good cause, an applicant must provide the DOJ with clear and convincing evidence that there is a bona fide market or public necessity for the issuance of a dangerous weapons license or permit and that the applicant can satisfy that need without endangering public safety. Except as provided by Penal Code section 33300, good causes recognized by the DOJ to establish a bona fide necessity for the issuance of licenses or permits includes the following:

(1) Sales to and/or manufacture for sales to law enforcement, military and/or dangerous weapon licensees/permittees.
(2) Training, research and development; and/or manufacturing pursuant to government contract.
(3) Use and/or manufacture of dangerous weapons as props in commercial motion picture, television production, or other commercial entertainment events.
(4) Possession for the purpose of maintaining a collection of destructive devices as defined in Penal Code section 16460 but such possession shall not be allowed for short-barreled shotguns, short-barreled rifles, machineguns or assault weapons.
(5) Repair and maintenance of dangerous weapons lawfully possessed by others.
(6) Use of dangerous weapons in activities sanctioned by government military agencies by members of those agencies.
(7) The sale of assault weapons and/or the manufacture of assault weapons for the sale to, purchase by, or possession of assault weapons by: the agencies listed in Penal Code section 30625, and the officers described in Penal Code section 30630; entities and persons who have been issued assault weapon permits; entities outside the state who have, in effect, a federal firearms dealer's license solely for the purpose of distribution to an entity listed herein; federal law enforcement and military agencies; law enforcement and military agencies of other states; and foreign governments and agencies approved by the United States Department of State.
(8) Use of dangerous weapons for the design, manufacture, demonstration, and sales of dangerous weapons accessories to law enforcement and military agencies, qualifying peace officers, and California dangerous weapons licensee/permittees.

The above good cause statements limit what purpose the assault weapons permit will be for. As has already been mentioned, California Department of Justice will not look favorably upon FFL01s or FFL07s with assault weapons permits receiving assault weapons to convert them, as that definitely is not one of the good cause reasons listed above.

[Quiet]

Under Penal Code section 31005, the California Department of Justice can issue permits for assault weapons. The application is at https://oag.ca.gov/system/files/media/FD030DWapp.pdf

The information about the application, which lists the requirements of California Code of Regulations, Title 11, section 4128, is at https://oag.ca.gov/sites/all/files/a...-bof-0131a.pdf

California Code of Regulations, Title 11, section 4128, subdivision (c) says:

(c) To establish good cause, an applicant must provide the DOJ with clear and convincing evidence that there is a bona fide market or public necessity for the issuance of a dangerous weapons license or permit and that the applicant can satisfy that need without endangering public safety. Except as provided by Penal Code section 33300, good causes recognized by the DOJ to establish a bona fide necessity for the issuance of licenses or permits includes the following:

(1) Sales to and/or manufacture for sales to law enforcement, military and/or dangerous weapon licensees/permittees.
(2) Training, research and development; and/or manufacturing pursuant to government contract.
(3) Use and/or manufacture of dangerous weapons as props in commercial motion picture, television production, or other commercial entertainment events.
(4) Possession for the purpose of maintaining a collection of destructive devices as defined in Penal Code section 16460 but such possession shall not be allowed for short-barreled shotguns, short-barreled rifles, machineguns or assault weapons.
(5) Repair and maintenance of dangerous weapons lawfully possessed by others.
(6) Use of dangerous weapons in activities sanctioned by government military agencies by members of those agencies.
(7) The sale of assault weapons and/or the manufacture of assault weapons for the sale to, purchase by, or possession of assault weapons by: the agencies listed in Penal Code section 30625, and the officers described in Penal Code section 30630; entities and persons who have been issued assault weapon permits; entities outside the state who have, in effect, a federal firearms dealer's license solely for the purpose of distribution to an entity listed herein; federal law enforcement and military agencies; law enforcement and military agencies of other states; and foreign governments and agencies approved by the United States Department of State.
(8) Use of dangerous weapons for the design, manufacture, demonstration, and sales of dangerous weapons accessories to law enforcement and military agencies, qualifying peace officers, and California dangerous weapons licensee/permittees.

The above good cause statements limit what purpose the assault weapons permit will be for. As has already been mentioned, California Department of Justice will not look favorably upon FFL01s or FFL07s with assault weapons permits receiving assault weapons to convert them, as that definitely is not one of the good cause reasons listed above.

In addition...

Utilizing the dangerous weapons in a manner that is beyond the good cause for issuance of the Dangerous Weapons Permit (DWP) is grounds for permit revocation and confiscation of the permit holder's entire inventory. [PC 31005(b), 32665, and 11 CCR 4152(a)(2),(3)]


The good cause for a DWP for AW is limited to the making, importing, and transferring to a Gov/Mil/LE agency, eligible Gov/Mil/LE officers, and other DWP holders. [11 CCR 4128(c)(7)]
Therefore, importing assault weapons and modifying them to be CA legal for sale/transfer to the general public is activity that is beyond the good cause for issuance of a DWP for AW and will cause the DWP to be revoked and the DWP holder's inventory to be confiscated by CA DOJ.



Penal Code 31005
(b) Application for the permits, the keeping and inspection thereof, and the revocation of permits shall be undertaken in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6.

Penal Code 32665
A permit issued in accordance with this chapter may be revoked by the issuing authority at any time, when it appears that the need for the firearms has ceased or that the holder of the permit has used the firearms for purposes other than those allowed by the permit or that the holder of the permit has not exercised great care in retaining custody of any weapons possessed under the permit.

California Code of Regulations Title 11 Division 5 Chapter 7 Article 10 Section 4152
Revocation and/or Denial of Renewal of License/Permit, Reasons.
(a) A license/permit may be revoked anytime during the license/permit year when it is determined the licensee/permittee is no longer eligible, a legitimate need no longer exists, or the license/permit has been misused. Reasons for revocation of license/permit include, but are not limited to:
(1) The licensee/permittee is arrested for an offense which prohibits possession of the license/permit weapon(s).
(2) The licensee/permittee uses the weapon(s) for purposes other than licensed/permitted.
(3) The licensee/permittee fails to engage in business or violates conditions stipulated in the license/permit.
(4) The licensee/permittee fails to keep or provide records of sales and/or demonstrations, if applicable.
(5) The licensee/permittee fails to provide required security.
(6) The licensee/permittee fails to notify the DOJ of any changes in information as required in section 4149 of these regulations.
(7) The licensee/permittee violates any law punishable as a felony, or is convicted of a substantially related misdemeanor crime.
(8) Any reason which would be grounds for denial of an application pursuant to section 4150 of these regulations.

[EBR Works]

We're a CalGuns vendor since 2011 and do middleman service as our primary business. We have helped countless CalGuns members with this service, so we know what we're doing and offer quick processing of your order along with prompt communications. See this thread:

https://www.calguns.net/calgunforum/showthread.php?t=1116303

Please email us with any questions:

info@ebrworks.com