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11/24/2017 4:44:23 PM
11/22/2017 10:05:29 PM
Posted: 8/11/2004 2:45:01 PM EST
Is this true that we can convert our REGISTERED "post-ban" AR rifles to "pre-ban" configuration after 9/14/2004???

Opinions???
Link Posted: 8/11/2004 4:56:26 PM EST

Originally Posted By Christian556:
Is this true that we can convert our REGISTERED "post-ban" AR rifles to "pre-ban" configuration after 9/14/2004???

Opinions???



Yes. it's true.
Link Posted: 8/11/2004 5:15:58 PM EST
[Last Edit: 8/11/2004 5:16:20 PM EST by ScrewCAlaws]
If they are registered, I would think it would not be a problem....I think
Link Posted: 8/11/2004 7:58:27 PM EST
Well, the only thing about registered AWs in CA, are that they are registered right? I personally don't have one, but I assume they don't ask what configuration they are in since you can purchase new pre-ban parts for it right?

Do they differentiate between pre-ban and post-ban weapons? I'd assume not since anything registered is a pre-ban in CA. And I know you can buy pre-ban uppers from bushmaster.

so assuming you have a registered AW in CA, the ban doesn't matter. The only way the ban matters is if your rifle was in a post-ban configuration when the ban went into effect (if you bought before the ban, I'd assume they only made "pre-ban" configurations right?)

This might clear parts up, or confuse people. Does it sound like I know what I'm talking about?

Rayn
Link Posted: 8/11/2004 8:25:26 PM EST
If you own a Pre-ban and it does not have a folding or retractable stock you can now put them on.If you own a POST-BAN rifle you can now put them on including all the EVIL features.Basically there will be no such thing as a Preban anymore and thats why people are scurying to sell there high dollar preban's cause the price on them is going to drop to the same as a postban.
Link Posted: 8/11/2004 8:51:12 PM EST

Originally Posted By Raynman83:
Well, the only thing about registered AWs in CA, are that they are registered right? I personally don't have one, but I assume they don't ask what configuration they are in since you can purchase new pre-ban parts for it right?

Do they differentiate between pre-ban and post-ban weapons? I'd assume not since anything registered is a pre-ban in CA. And I know you can buy pre-ban uppers from bushmaster.

so assuming you have a registered AW in CA, the ban doesn't matter. The only way the ban matters is if your rifle was in a post-ban configuration when the ban went into effect (if you bought before the ban, I'd assume they only made "pre-ban" configurations right?)

This might clear parts up, or confuse people. Does it sound like I know what I'm talking about?

Rayn




No it does not sound like you know you are talking about, and dont go handing out advice if you dont what the hell you are talking about, I think you have the Federal Ban and the CA ban confused ......... I can see you are new here. So Just be careful with what you say and dont go around trying to sound like you know what you are talking about.


And yes after the Federal ban sunsets anyone who owns a legally registered asault rifle in CA may configure with all the kick ass evil features
Link Posted: 8/11/2004 9:25:56 PM EST

Originally Posted By GunSlinger75:
This might clear parts up, or confuse people. Does it sound like I know what I'm talking about?

And yes after the Federal ban sunsets anyone who owns a legally registered asault rifle in CA may configure with all the kick ass evil features



That is what I thought, because CA ban says nothing about the evil AWB features, so as long as no federal law says it is okay....there is nothing in CA law to stop you from doing so.

I just spent a bunch of money completing a registered DPMS lower about 4 months ago....now, I think I am going to have to rip off the 24" Bull Barrell and standard stock and replace them out with some of those fun parts!
Link Posted: 8/12/2004 5:17:09 AM EST
[Last Edit: 8/12/2004 5:24:24 AM EST by California_Kid]

Originally Posted By ScrewCAlaws:
...
That is what I thought, because CA ban says nothing about the evil AWB features...



Yes it does; but a registered AW is already an AW so adding more features doesn't A) make it any more of an AW or B) create a new AW therefore it's OK (er, will be OK once the federal ban sunsets).

Please familiarize yourself with the California Penal Code.
Link Posted: 8/12/2004 8:05:02 AM EST
And if it's not registered, then it's a moot point, since you're still breaking the law in Kali, regardless of what you do (or don't do) to that rifle. The only small concession is you can now put on all those "evil" features without fear of the feds coming in and prosecuting you.
Link Posted: 8/12/2004 8:25:26 AM EST

Originally Posted By California_Kid:

Originally Posted By ScrewCAlaws:
...
That is what I thought, because CA ban says nothing about the evil AWB features...



Yes it does; but a registered AW is already an AW so adding more features doesn't A) make it any more of an AW or B) create a new AW therefore it's OK (er, will be OK once the federal ban sunsets).

Please familiarize yourself with the California Penal Code.



I understand, but I was not ver clear in my post....
Link Posted: 8/12/2004 9:15:03 AM EST
I guess I wasn't clear in my post either and I don't think i fully understood....

CA AW ban: If you have a registered AW in CA, changing the configuration doesn't change how much of an AW it is. So it's not a problem here.

However,

Fed AW ban: This ban says that if it was in a "post-ban" config before the 1994 ban, it needs to stay that way until the ban sunsets. If it's "pre-ban" then there's nothing to worry about.


Does that sound right? I'm sorry for chiming in when I didn't really know anything. Thanks for correcting me. And yes I am new here.

Rayn
Link Posted: 8/13/2004 5:35:09 AM EST
I actually ran this by California DOJ a few years back and almost got myself into trouble. I called DOJ in Sacramento and asked that since CA law does not differenciate between preban or postban, only legally registered or illegally possessed unregistered, could I add evil features to my legally registered Bushmasters. The answer I was given was, "Yes." I could add any features that I wanted. I contacted an authorized assault weapons dealer in Orange County to thread my postban barrel and add a flash hider and they said that the person at DOJ was incorrect because I would still be violating Federal law by adding the features. I called DOJ back to confirm and this time she told me that the info given to me by the dealer may be correct and that CA did not care if I added features but that I may in fact be violating Federal law. I told her that either way I'm not interested in setting myself up to have my door kicked in. I wrote BATF a letter to get clarification and they confirmed that I could not modify my rifle despite CA law allowing me to. At least not until after Sunset. So bottom line, after Sunset you can add features to your already registered and legally possessed "Assault Weapon" under CA law and it will not be recognized as an assault weapon Federally, only in CA. Remember that you still CANNOT!! use a configuration of a barrel length of less that 16 inches, have full automatic or burst features, or any other configuration that violates other, seperate CA or Federal laws.
Link Posted: 8/13/2004 8:03:01 AM EST
So is that all that will be legal? modifications for registered AW?

i still can't buy hi-caps,
I still can't buy an AR

unless I'm a drug dealer... of course.
Link Posted: 8/15/2004 5:05:55 PM EST

Originally Posted By slo5oh:
So is that all that will be legal? modifications for registered AW?

i still can't buy hi-caps,
I still can't buy an AR

unless I'm a drug dealer... of course.



Dude! Don't speak about drugs dealers in such a negative way! They are products of their environment and cannot be held responsible for their actions as they do not know any better. Didn't you learn anything in school? You really should have paid better attention!
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</sarcasm>
Link Posted: 8/17/2004 1:38:05 PM EST
Hi Guys, I have asked CA DOJ Firearms Division this same question and they have yet to give me a solid answer on this. They even referred me to the Sacramento ATF office in which I spoke to an inspector. According to the ATF inspector she stated to me the CA law remains in effect and that you cannot install a collapsible stock on a "assault rifle" that is registered in CA as a post-ban rifle. I'm still waiting for DOJ to get back to me on a definitive answer regarding this issue.
Link Posted: 8/17/2004 1:53:52 PM EST
Here's my 2 cents worth as an ex-CA refugee. CA passed two bans:

1) The original Roberti-Roos ban (1989 ?), which was almost identical to the current Federal AWB (i.e. no more than 1 evil feature allowed).
2) The later "loophole free" ban (2000 ?) which makes all evil features illegal on new weapons, and provides for registration of Grandfathered weapons.

Now, to my way of thinking, both bans are still in place, right ? If this is so, then wouldn't the first ban (Roberti-Roos) still prohibit having more than one evil feature on post-89 weapons ? For your sake, I hope this is incorrect, but I'd hate to see anyone here do time because of bad advice on this board.
Link Posted: 8/18/2004 2:29:47 AM EST
[Last Edit: 8/18/2004 2:37:19 AM EST by gs430]
I think too many people get FEDERAL and STATE laws confused...the simple answer is YES, when Sept 13th (NOT 14th!) rolls around, you can add all the pre-FEDERAL-ban features to your "assault weapon" because the FEDERAL BAN is going away.

The 2000 CA ban was the "feature" ban (the 1989 CA Roberti-Roos ban was a "name" ban)

Just to refresh anyone's memory...in CA, an "assault weapon" is ANY semi-auto centerfire rifle that *can accept a detachable magazine* with at least ONE of the following features:

(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.

So for anyone who did not buy one before 2000, you're fucked (but you can buy a FAB-10...eh, you're FUCKED!) For anyone who did not register their "assault weapon" in CA, you will be fucked hard IF YOU ARE CAUGHT with it.

REGISTERED vs. UN-REGISTERED - Regardless of your "assault weapons" registeration status, you will be able to legally (BY FEDERAL LAWS) convert it to pre-FEDERAL-ban. Of course, an UN-REGISTERED "assault weapon" in ANY configuration (pre-/post-FEDERAL-ban) is illegal in CA.

Did I mention I FUCKING HATE THE POLITICS OF THIS STATE? Thank God I'm moving the fuck out of here...I just hope the new state I'm moving to isn't going to turn into a wussy ass liberal state like CA....
Link Posted: 8/19/2004 8:33:52 PM EST
Gentleman, I received another reply from CA DOJ Firearms Division. According to them the Federal Assault Weapons ban which will be expriring in September will pose some questions that even they are not sure how it will effect CA residents. It is currently under review by CA DOJ staff. According to CA DOJ they will post updates on their website regarding this issue.
Link Posted: 8/20/2004 12:13:08 AM EST
This will be interesting to see what the CA DOJ has to say. I've run this buy a few of my lawyer friends (one who is a criminal lawyer) and they all said that it's OK to convert your post-bans to pre-bans....I've also called the DOJ a few times (from payphones ) and every single time they said it was OK...but who knows...they're probably fine some bullshit reason...
Link Posted: 8/24/2004 9:44:07 PM EST
I'm also interested to see what DOJ has to say or "Make up" about this. As previously stated, registered "Assault Weapons" are already "Assault Weapons." In my case, my Bushmasters have the evil pistol grip. The law in Kalifornia states that the weapon is an Assault Weapon if it has one OR MORE of the prohibited features. Since my rifle is already an Assault Weapon in Kalifornia with it's one feature, MORE should not affect it. On the other hand this would not be the first time that DOJ has interpreted or "Revised" law outside the meaning of the original act. I recently read a post on another website where someone purchased an FN FAL without the pistol grip, much as the Robinson's are being sold at the gunshows only to have DOJ come to his house and take his rifle and threaten him with prosecution. Not sure on the specifics but DOJ said that the FN was not legal even without the evil pistol grip. I was thinking that maybe it was because the FN was on the original Kalifornia Assault Weapons ban but I did own a post ban FN LAR and purchased here at a gunshow. I later sold it through an FFL because I didn't like the thumbhole stock and the Federal ban would not let me change it. Now with the Sunset coming up, I regret selling it. In fact I wind up regreting it everytime I sell a firearm. From now on, I'm only buying, not selling. I'll just regret it later.
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