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11/22/2017 10:05:29 PM
Posted: 9/15/2004 11:04:52 AM EST
The Federal AWB had definitons of Post-Ban and Pre-Ban and those have now expired. My question is this if you live in CA and own a Post-Ban weapon couldn't you now convert that weapon into a Pre-Ban? I thought that the CA ban lumped both Pre-Ban and Post-Ban into the same catergory. So if you already have a Post-Ban weapon that is registered in CA under the "assault weapons" legislation than why could you not convert it into a Pre-Ban or did the CA legislation define Post and Pre-Ban?

Thanks in advance.
Link Posted: 9/15/2004 11:22:01 AM EST
I don't live in Kalifornia but I think you can only own Preban and you can't convert any post bans.

I think you have a state that supersedes the 1994 ban.
Link Posted: 9/15/2004 12:58:45 PM EST
Yes I know that CA supersedes the 1994 ban. But I thought that the Fed ban was the only one that used Post and Pre-ban terminology. I own a Post-Ban (registered as an assault weapon with the state of CA) and wanted to know if I could, lets say add a flash hider to it (Pre-Ban configuration). Both Pre-ban and Post-ban registeries used the same form in CA to register their weapons as assault weapons.
Link Posted: 9/15/2004 1:39:23 PM EST
[Last Edit: 9/15/2004 1:40:30 PM EST by guncollector]
I spoke yesterday with a California DoJ in-house SB23 analyst regarding the effects of the Fed AW Ban sunset's effect on SAW's in Calfornia.

She confirmed the following:

1) The California bans are still in effect after the Fed AW Ban sunset (as suspected). All firearms banned by Roberti-Roos, Lockyer v. Kasler, and SB23 remain banned--no newly manufactured or imported AW's (by the aforementioned legislation's definition or listing) are permitted after Jan. 1, 2001 to enter the State.

(Note: there exists an SB23 exemption written in for military personnel being transferred to California--requiring an application, fee, and background check to register personally owned AW's.)

also

2) The California DoJ does not recognize the now-dead Federal AW Ban's concepts of "Pre-" and "Post-" ban. Under California law (Roberti-Roos, Kasler, SB23) either a firearm is or is not an AW, regardless of the number of banned features.

That's the straight info dump from the DoJ.

So, "yes", in California you can reconfigure our SB23-registered rifle into "No-Ban" configuration--because, as mentioned above, the California bans don't limit the number of banned features. (Note: all Federal NFA and 922-R rules still apply!)
Link Posted: 9/15/2004 2:06:30 PM EST
[Last Edit: 9/15/2004 2:50:57 PM EST by hammerpair]
Thanks,
guncollector

I thought this to be the case, and that is why I wanted additional input. The question can be confusing to some.
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