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9/23/2020 3:47:02 PM
Posted: 4/18/2006 12:08:28 PM EDT
Hi Neighbors

I have a question having originally started out in California and had to deal with the whole AR AK ban etc.

I was reading on CalGuns that you can now have ARs so long as they are not specifically listed by Make/Model and have a fixed 10 round mag.

Now thats great nes for all but I see they intend to update the list periodically and then make you register, still not the end of the world cos you have your gun.

My question is after they make you register your weapon does it then remove the 10 round magazine rule as you have a registered assault weapon? I am sure they have tought of this and will maybe put a date on it as in fix and removable but if they dont you guys will be praying for registration.

Just a thought
Link Posted: 4/18/2006 12:41:01 PM EDT
[Last Edit: 4/18/2006 12:41:54 PM EDT by bwiese]

The DOJ issued a panicky memo on Feb 1 saying they would list the off-list lowers but that - in short - you couldn't drop the fixed mag.

It was actually a poorly-written memo that had some technical flaws aside from flawed legal reasoning. DOJ may have issued this memo to try to dry up interest in off-list lowers.   I've spoken to some gun attorneys on this and they agree with me.

The funny part of the memo is that they avoided discussion of manufacturing an assault weapon - because that boundary was crossed by whenever the DOJ opens the reg period and registers your new 'off-listers'.  Instead they say they will "enforce this thru the registration process" and your reg will be , apparently, voided if a LEO inquiry on your reg'd off-list gun has various features combos.   The problem with this is that the LEO inquiry would come BEFORE the reg violation is triggered - kinda like an arrest for burglary charge causing the house to be burgled.  It's just wacky.  In essensce they (illegally) propose creating a "Category 4" assault weapon, not realizing that terms Category 1,2,3 just reflect when something became an AW, and not any special attributes post-registration, nor any special registration.   Registration just means they have a list of owners of certain types of guns, with mandated statutory restrictions on use/transport/transfer.  Any other restriction requires new LAW, not new DOJ regulation.

There is NO Penal Code violation for adding, changing or deleting various features on an already- registered, legally-owned assault weapon.  There are no shades, tiers or levels of assault weapon status - if there were, there would have to be separately-codified statutes in PC 12280(a) and (b) that would differentiate what kind of AWs could and could not have various features combos.   The only pertinent illegal AW charges possible right now are:
- PC 12280(a) - which is illegal mfgr, transport, transfer, importation, etc.
 and is a felony.   (PC 12280(a) can apply even to registered legal AWs if
 they are misused due to transportation  issues, etc.)  

- PC 12280(b) simply says you can't have an unregistered AW.  

- PC 12280(g) says   you've got safety against unreg'd AW charges (PC 12280(b))
 during the 90 day registration window for that particular weapon.  (Note that
 12280(g) does not protect against 12280(a) charges so be careful in transporting
 any newly-declared AW during the reg period, across state lines, etc.)

Nevertheless it behooves you to not drop the mag until you hear from folks who are keeping up on this.  If they try "conditional registration" BS, we will seek injunctive relief in a court to stop this nonsense of tiered registrations, tiered guns.

Bill Wiese
San Jose

Link Posted: 4/18/2006 12:52:33 PM EDT
Thanks for the info, I will follow with interest
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