Shooting registered pre-ban in Cali
My dad has had his Colt Sporter for many years now. We used to shoot it a lot when I was a kid but it's been locked up since it was registered. He has all the paper work for the registration but we are uncertain it can actually be taken out and shot for target fun in the desert. I did some research and checked some of the DOJ code and it looks like it can be legally shot here in California. Can anyone help me confirm this? He really does not want to get in trouble or lose the rifle. This is what I found from the DOJ. The last line is what gives me hope. The rifle is also completely stock.
(a) The Legislature hereby finds and declares that the proliferation and use of assault weapons poses a threat to the health, safety, and security of all citizens of this state. The Legislature has restricted the assault weapons specified in Section 12276 based upon finding that each firearm has such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings. It is the intent of the Legislature in enacting this chapter to place restrictions on the use of assault weapons and to establish a registration and permit procedure for their lawful sale and possession. It is not, however, the intent of the Legislature by this chapter to place restrictions on the use of those weapons which are primarily designed and intended for hunting, target practice, or other legitimate sports or recreational activities.
Its legal for him to target shoot with it anyplace target shooting is allowed. However many of the popular desert spots that we all used even 10 years ago have been closed to target shooting.
It's hard to confirm it without being a lawyer, so my advice has that caveat. Sure, you can fire it. Just remember that not all cops know the laws regarding weapons. I believe a former Marine is currently suing the state of CA over their so called "assault rifle" ban because he was arrested on 2 separate occasions with rifles that the cops thought were illegal, but they weren't. I believe the rifles in question were M1A's, which are not banned by name in the state.
Originally Posted By Will816:
It's hard to confirm it without being a lawyer, so my advice has that caveat. Sure, you can fire it. Just remember that not all cops know the laws regarding weapons. I believe a former Marine is currently suing the state of CA over their so called "assault rifle" ban because he was arrested on 2 separate occasions with rifles that the cops thought were illegal, but they weren't. I believe the rifles in question were M1A's, which are not banned by name in the state.
I've read about that case it and its basically the ignorant cops were not able to tell the difference between a muzzle brake and a flash supressor on what was intitially a domestic dispute call.
Its really not at all releveant to shooting a registered assault weapon.
Go to calguns.net, lookup what you can and can't do with a registered assault weapon. I believe, and don't take this a rock solid without looking it up, the law states you can transport the gun to and from your residents and place of business, a gun show, a gunsmith, and a shooting facility. It's very clear where you can and cannot take or transport the weapon to and from. As I recall the BLM is NOT considering open desert shooting as a shooting facility and was confiscation guns There was some chatter on the forum a while back, that the BLM was going to allow each districts manager to set their own policy on this. Best to double check, there's alot of good info there from people with RAWs and who shoot in the desert.
I do take my preban registered weapon to the range, I take a photocopy of the DOJ letter and sometimes they check the serial number against the letter and sometimes they don't. And, check before you go, the range I go to won't allow magazines over 10 rounds even if preban. It's not that they are anti preban mags, but last I heard it was a request from the forestery dept they lease the land from, and were waiting on a ruling from them regarding high cap mags.
Keep in mind this state is very anti gun and legally transporting the gun can become problematic. If you stop at the grocery store on your way back from the range, it can be intreputed that you are transporting the gun from the grocery store to your home and that is illegal. I'd say do some homework, read the entire law, check with California gun owners on that forum. Good luck.
Another option might be to added a bullet button, but I would check that forum for advice.
A range in North San Diego county prohibited their use in their bylaws, rather than deal with what was legal or not. If you choose an organized range, be sure to call first or study their rules.
It sucks that you have to deal with this. I am glad to be out of that place.
Reading this breaks my heart for those left in Kali.
You couldnt pay me enough to move to California!
Go to
Calguns.net
Bweiss mi,ght chime in
Originally Posted By 1IV:
Reading this breaks my heart for those left in Kali.
I've lived in So cal my whole life, and ya the traffic is bad, the taxes are high and the gun laws suck, but it's not as bad as you think once you understand what the law says. There's alittle more paperwork to buy a gun and the infamous 10 day waiting period that other states don't have. Our regulations on AR and AK type weapon is strict, but that's not keeping the gun shops from selling as fast as they can. A lot of the closed desert areas talk about in another post is because there are a lot more people living in the desert, so you need to drive out a little farther.
Sometimes it's a pain in the butt living here, but where else could you surf in the morning and snowboard in the afternoon a hour and a half away. There's the incredible weather, And we do whine about the few days of heavy rain each year. There's an unlimited amout on attractions (theaters, shopping malls, restruants, etc) including concerts, and amusement parks that often give discounts to locals.. There are a number of indoor, outdoor and skeet and trap ranges scattered throughout So Cal. I have 3 indoor ranges, 3 outdoor ranges and 4 skeet and trap ranges within a 1/2 hr drive.
Gun ownership is still alive and well in California
Fuck Commie CA
[sorry you're input is no longer possible here - Paul]
I can't stand seeing some states deny the constitutional rights from it's citizens. Scared to take the gun out b/c he might loose it?! That's just plain fucking rediculous that he even has to worry about that. Fight criminals, not good people. And to think, I almost moved to California........
Oh, ya forgot to mention, there's Bass Pro, 4 Turners Outdoorsman stores, 2 Ammo Bros stores, Rifle Gear retail and mail order warehouse and about 8 or 10 small gunshops within a 45 minute drive, Anything you'd what for an AR is only minutes away 7 days a week.
Originally Posted By johnbush:
Originally Posted By 1IV:
Reading this breaks my heart for those left in Kali.
I've lived in So cal my whole life, and ya the traffic is bad, the taxes are high and the gun laws suck, but it's not as bad as you think once you understand what the law says. There's alittle more paperwork to buy a gun and the infamous 10 day waiting period that other states don't have. Our regulations on AR and AK type weapon is strict, but that's not keeping the gun shops from selling as fast as they can. A lot of the closed desert areas talk about in another post is because there are a lot more people living in the desert, so you need to drive out a little farther.
Sometimes it's a pain in the butt living here, but where else could you surf in the morning and snowboard in the afternoon a hour and a half away. There's the incredible weather, And we do whine about the few days of heavy rain each year. There's an unlimited amout on attractions (theaters, shopping malls, restruants, etc) including concerts, and amusement parks that often give discounts to locals.. There are a number of indoor, outdoor and skeet and trap ranges scattered throughout So Cal. I have 3 indoor ranges, 3 outdoor ranges and 4 skeet and trap ranges within a 1/2 hr drive.
Gun ownership is still alive and well in California
I've never understood how the citizens there let the gun laws there even get so bad? If buying guns is so popular there, then why are there all the lame laws that literally accomplish nothing?
Because the politicians and special interest groups tell the people they are protecting us but enacting laws that keep the guns away from the criminals. And, the people aren't always smart enough to figure out that a gang banger or a bank robber doest not buy their guns at the local gun store.
I heard a few months back in a televised interview with the head of a Mothers against violent crime group, she stated something like " the problem is that we have all these illegal guns coming into the state from Mexico and getting into the hands of the criminals." Guns are illegal and very hard to get in Mexico, that's why the drug cartels buy US guns to take to Mexico. I have never seen a Mexican gun or heard of a Mexican gun being used in a crime here. Yet because she was suppose to be a reliable source and she was on television, I'm sure that there are alot of people who believed her.
And, it's not that you can't own or buy a gun. You buy a gun, fill out a questionaire, pay a $25 fee, and have to wait 10 days. The questionaire; Are you a felon?, a drug addict?, been convicted of domestic violence?, have any restraining orders again you? been deemed mentally unstable? a US citizen? ever denounced the US govt? The 10 days??? I believe it was a cooling off period, so you couldn't get the gun right away and shoot the cheating wife, or it gives her time to get out of town.
Not sure I'd want a neighbor who is a felon, involved in DV, drugs, or is mentally unstable etc owning a gun anyway
Originally Posted By collegeboy:
Originally Posted By johnbush:
Originally Posted By 1IV:
Reading this breaks my heart for those left in Kali.
I've lived in So cal my whole life, and ya the traffic is bad, the taxes are high and the gun laws suck, but it's not as bad as you think once you understand what the law says. There's alittle more paperwork to buy a gun and the infamous 10 day waiting period that other states don't have. Our regulations on AR and AK type weapon is strict, but that's not keeping the gun shops from selling as fast as they can. A lot of the closed desert areas talk about in another post is because there are a lot more people living in the desert, so you need to drive out a little farther.
Sometimes it's a pain in the butt living here, but where else could you surf in the morning and snowboard in the afternoon a hour and a half away. There's the incredible weather, And we do whine about the few days of heavy rain each year. There's an unlimited amout on attractions (theaters, shopping malls, restruants, etc) including concerts, and amusement parks that often give discounts to locals.. There are a number of indoor, outdoor and skeet and trap ranges scattered throughout So Cal. I have 3 indoor ranges, 3 outdoor ranges and 4 skeet and trap ranges within a 1/2 hr drive.
Gun ownership is still alive and well in California
I've never understood how the citizens there let the gun laws there even get so bad? If buying guns is so popular there, then why are there all the lame laws that literally accomplish nothing?
politicians coming from liberal safe havens where they are relatively safe from voter retribution. Once the politician gets in office he writes whatever he thinks will keep the drooling masses happy and has a complete field day with issues such as firearms knowing that he/she is safe. You think the populace really cares about even 1/2 the gun laws being reported as necessary? The average voter from these districts can hardly form a coherent thought.
If one is concerned about shooting the RAW, then be easy about it; get some 10 round mags and leave the hi-caps at home. Problem solved. Don't sweat the bullet button, as it is registered. Most firing ranges don't act out as snooty gestapos, they are usually there watching for safety concerns. No one is going to give you a hard time. As for desert shooting, find areas where there is some visible shooting sign, and use that area. Police it well, and P/U trash left by others, especially lame targets like TV's, cans, old targets, etc. and police the brass. You are not going to have issues.
As I recall the BLM is NOT considering open desert shooting as a shooting facility and was confiscation guns There was some chatter on the forum a while back, that the BLM was going to allow each districts manager to set their own policy on this. Best to double check, there's alot of good info there from people with RAWs and who shoot in the desert.
This was true 6-7 years ago but not now. The restriction was lifted state wide.
Sure sounds like FUD about individual federal districts imposing state restrictions ... the stuff FUD is made of.
To the OP: please ignore that prefatory text you quoted as it really doesn't have any legal significance (except at
appeals level for background. Legislative preambles can say "We do this because the moon is made of green
cheese...." and the law will still stand.
1. If you have a reg'd AW, you need to possess it in/shoot it at a place with specific express permisision for AW usage.
Most ranges allow "any legal" guns - some quirky FUD place may not. Check.
2. In summer of 2003, the Director of Region 5 of the US Dept of Interior (who controls BLM) stated that registered CA AWs
are allowed to be used on CA BLM land (of course, whereever shooting is permitted at all there). Now, some BLM land
borders are fuzzy and can dance with borders of forests and CA land and you could get in trouble not knowing where you are.
3. Registered AWs must be transported locked & unloaded, and between 'specific authorized destinations'. Remember
that out of state and 'back hom' are lawful destinations as well. As for me, I have changes of clothes and hotel cards
and have been known to randomly decide to go to Reno. Stopping for gas or food (but not shopping) is likely regardable
as necessary. Gun lawyer Don Kilmer told me he's never known someone clean, and with a reg'd AW, to have ever
been popped for a transport violation, but you need to be on your toes. If queried by a cop, you should not really lie
but a prepared truthful answer should be readily available in your mind per guidance above and be consistent with
where your car and nose are pointing and what road you're on.
4. Remember that many car trunks on modern cars might not meed full 'locked container' status as many rear seats
easily fold down from inside and grant access to trunk, and many cars have a dash button that pops the trunk.
In such instances it's best to have the Reg'd AW lockedi in a case in a trunk - a Galati 'range bag' with lock thru
zippers will work.
5. Carry a copy of the AW reg papers with you even though in theory this isn't required. You could be up in the sticks
where the MDT doesn't work , etc.
Bill Wiese
San Jose CA
Bill is right.
Generally, you can shoot it at any range that allows them. Out in the sticks, you may shoot on private land with permission. You may shoot on state owned land that is not otherwise restricted. BLM land is generally GTG, but you must also follow local and county regs.
What city are you near, or where do you have in mind?
ETA: I shoot RAWs often, and never get any real grief. Sometimes a rangemaster says I need a maglock, but then I explain and show the paperwork and all is good and now he knows.
Thanks for all the responses. Bwiese thanks for getting the post back on topic. While everyone's input is valid, I didn't want this to turn into a why we hate california law topic. Sounds like the best thing to do is call the rangers office or basically whomever is going to nail me for discharging the weapon.
More about myself, I tend to head up to Calico for my shooting because I've gone there since I was a little kid, know it well and feel very safe knowing I have clear vision or surrounding areas while shooting into my natural backdrop. I used to live a bit closer to there but now find myself in north county SD. I'm actually looking for closer places to shoot in other topics posted. Maybe I'll add another on this California category forum.
Originally Posted By Jeepwidow:
Thanks for all the responses. Bwiese thanks for getting the post back on topic. While everyone's input is valid, I didn't want this to turn into a why we hate california law topic. Sounds like the best thing to do is call the rangers office or basically whomever is going to nail me for discharging the weapon.
A ranger may or may not know the laws and/or express the wishes of the relevant landowner (agency). There is real risk he may in fact
give incorrect permission; the ranger is not the 'head office' executive in charge, and is not authorized to 'give permission'. It's akin to
asking the phone operator at the IRS to approve a deduction....
Ask here in the California hometown forum where people legally shoot their AWs in SoCal area.
Bill Wiese
San Jose CA
Is the AW document issued by the DOJ only in your fathers name? If he did not co-register you along with himself for for this weapon and you are not named on the AW documents, I don't believe you can legally "possess" this weapon without your Dad along when you shoot it. Unfortunately, the State laws are very specific about where you are transporting and shooting the properly registered AW. I don't recall if "loaning " an AW is legal or not. Gotta look at the PC again.
Originally Posted By wildearp:
A range in North San Diego county prohibited their use in their bylaws, rather than deal with what was legal or not. If you choose an organized range, be sure to call first or study their rules.
It sucks that you have to deal with this. I am glad to be out of that place.
Care to clarify to us San Diegans which range this might be?
The only two I know of in North County are Pala and Rainbow.
Originally Posted By Russ4777:
Is the AW document issued by the DOJ only in your fathers name? If he did not co-register you along with himself for for this weapon and you are not named on the AW documents, I don't believe you can legally "possess" this weapon without your Dad along when you shoot it. Unfortunately, the State laws are very specific about where you are transporting and shooting the properly registered AW. I don't recall if "loaning " an AW is legal or not. Gotta look at the PC again.
This is true, though I believe the OP was inquiring for his father only and not for any prospective use/transport by the son.
Due to wording in 12280PC [which has now been renumbered to something else] legal 'lending' a reg'd AW means "he can
use it while in your presence." This is unlike ordinary long guns and handguns, which can be lent for use with the original owner/lender
*not* present.
Originally Posted By bwiese:
Originally Posted By Russ4777:
Is the AW document issued by the DOJ only in your fathers name? If he did not co-register you along with himself for for this weapon and you are not named on the AW documents, I don't believe you can legally "possess" this weapon without your Dad along when you shoot it. Unfortunately, the State laws are very specific about where you are transporting and shooting the properly registered AW. I don't recall if "loaning " an AW is legal or not. Gotta look at the PC again.
This is true, though I believe the OP was inquiring for his father only and not for any prospective use/transport by the son.
Due to wording in 12280PC [which has now been renumbered to something else] legal 'lending' a reg'd AW means "he can
use it while in your presence." This is unlike ordinary long guns and handguns, which can be lent for use with the original owner/lender
*not* present.
Agree.
Originally Posted By ppknut:
Originally Posted By wildearp:
A range in North San Diego county prohibited their use in their bylaws, rather than deal with what was legal or not. If you choose an organized range, be sure to call first or study their rules.
It sucks that you have to deal with this. I am glad to be out of that place.
Care to clarify to us San Diegans which range this might be?
The only two I know of in North County are Pala and Rainbow.
When I was a member at Duncan's range in Rainbow, I recall that the written rules specifically prohibited firearms listed on the ban list, registered or not. This may have changed, but that is how it was when I was a member.
There is also the range at Escondido Fish and Game Assn. I used to shoot my Armalite there before CA re-banned it. I don't recall how their rules were written.
Originally Posted By wildearp:
Originally Posted By ppknut:
Originally Posted By wildearp:
A range in North San Diego county prohibited their use in their bylaws, rather than deal with what was legal or not. If you choose an organized range, be sure to call first or study their rules.
It sucks that you have to deal with this. I am glad to be out of that place.
Care to clarify to us San Diegans which range this might be?
The only two I know of in North County are Pala and Rainbow.
When I was a member at Duncan's range in Rainbow, I recall that the written rules specifically prohibited firearms listed on the ban list, registered or not. This may have changed, but that is how it was when I was a member.
There is also the range at Escondido Fish and Game Assn. I used to shoot my Armalite there before CA re-banned it. I don't recall how their rules were written.
Forgot about Lake Wohlford.....
I haven't shot at Rainbow, because I wasn't interested in membership. So I don't know about their prohibitions.
Thanks for the reply.