PPT of a registered AW at FFL

[gewgaw]

I have a question that I cannot find the answer to in search, so I thought I would pose this problem to our resident CalGuns FFLs...

Say that someone had a legally registered AW that they registered with the DOJ per SB23 rules. The firearm is considered an AW because of its features, specifically, a detachable magazine (it's not a named AW).

Now this person wishes to sell it to another person in CA. He adds a bullet button to the firearm, rendering it no longer an AW by feature. He fills out the form "Notice of No Longer in Possession" that says he is relinquishing possession of his registered AW, and brings it on the day the PPT is taking place.

Would this cause any problems for you as an FFL?

[CSACANNONEER]

The ability to accept a detachable magazine, in and of itself, does not make it an AW unless, you are refering to a handgun with a detachable magazine located outside of the pistol grip.

[GM4spd]

I thought registered AWs can't be transferred within CA to individuals. Pete

[shotcaller6]

PPT / AW

I think that's a no go, The upper can be transfered but the lower receiver can't, unless to LEO. However I may have it wrong.

[CSACANNONEER]

I thought registered AWs can't be transferred within CA to individuals. Pete

If it is not a listed receiver, it can be made into a firearm that no longer qualifies as an AW and then sold.

I think that's a no go, The upper can be transfered but the lower receiver can't, unless to LEO. However I may have it wrong.

Upper? Lower? I never saw any indication that it was a type of firearm that had an upper or lower. Besides, the fact that the OP stated that it was not listed by make and model pretty much says that the firearm in question can be transfered to a non-LEO if it is configured in such a way that it no longer qualifies as an AW and, it has been "un-registered" by DOJ. This is pretty simple to do.

[GM4spd]

I have a question that I cannot find the answer to in search, so I thought I would pose this problem to our resident CalGuns FFLs...

Say that someone had a legally registered AW that they registered with the DOJ per SB23 rules. The firearm is considered an AW because of its features, specifically, a detachable magazine (it's not a named AW).

If it is NOT a NAMED AW,why was it registered in the first place?
The OP also said it was LEGALLY registered as per SB23 which would indicate
it was IN FACT a NAMED weapon per that bill---so what gives???

Pete

[CSACANNONEER]

If it is NOT a NAMED AW,why was it registered in the first place?
The OP also said it was LEGALLY registered as per SB23 which would indicate
it was IN FACT a NAMED weapon per that bill---so what gives???

Pete

Isn't it obvious that it is an AW by FEATURES! Think M1A with a flash surpressor, mini 14 with a folding stock, M1 Carbine with a paratrooper stock, etc.

[gewgaw]

Isn't it obvious that it is an AW by FEATURES! Think M1A with a flash surpressor, mini 14 with a folding stock, M1 Carbine with a paratrooper stock, etc.

Correct, it is an AW by feature, not by name. Thanks for the good info, CSA.

[TRICKSTER]

Isn't it obvious that it is an AW by FEATURES! Think M1A with a flash surpressor, mini 14 with a folding stock, M1 Carbine with a paratrooper stock, etc.

Exactly, I have a M1 Carbine with a paratrooper stock that I registered as an AW. If I want to sell it in CA, I would have to put it into a normal stock and advise DOJ that it is no longer configured as an AW. Then it would be good to go and cash and carry C&R. Not all AW are AW by name.

[kemasa]

I think that the real question is whether you can unregister it as an a-salt weapon or not. From what I have heard, this is difficult to do, if not impossible. It is not just a matter of claiming that you are no longer is possession of it.

You would need to contact the CA DOJ to determine how to do this.

http://ag.ca.gov/firearms/regagunfaqs.php#8

8. I am a firearms dealer. If I remove the characteristic(s) that make a firearm an assault weapon, can I sell it?

Yes, but only if the firearm is an assault weapon that is defined as such only by its characteristics, and only if you have registered it as an assault weapon with the DOJ. (Penal Code section 12276.1, SB 23 - This section of law may be accessed on the DOJ Bureau of Firearms Website's Online Dangerous Weapons Control Laws). THIS DOES NOT APPLY TO ORIGINAL ROBERTI-ROOS ASSAULT WEAPONS OR AK and AR-15 SERIES WEAPONS.

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.

[mariodesmo]

I think you may want to start with the attached form, DOJ 4546, Notice of No Longer In Possession. Select the appropriate option.

[kemasa]

The no longer in possession does not have an option for changing the status. An a-salt weapon can only be sold to an a-salt weapon dealer. It can only be shipped by an a-salt weapon dealer. Even if you remove the characteristics, it is still a registered a-salt weapon until you manage to unregister it and there does not seem to be a form online to do that.

[Quiet]

In order to de-register a registered assault weapon, you need to contact the CA DOJ BOF Assault Weapon Registration & Special Weapon Permits detail [Phone: (916) 263-8100 Fax: (916) 263-0790].
They will instructor you on what you need to do and will send you the appropriate paperwork.

Sending in a Notice of No Longer in Possession form is not a legal way to unregister a registered assault weapon.