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Posted: 9/8/2001 11:31:07 AM EDT
I have two problems. #1.I am currently in the Military. I have been a resident on NC for three years. I have purchased 2 ar-15s and 2 shotguns all of which are illegal in CA. #2. I just found out about the new registration policy in CA so I have 2 ar-15s in CA that are now illegal. What I want to know is can drive my weapons through CA, pick up my other 2 rifles and take them all up to Oregon for storage? Is there any legal way to take my unregistered weapons out of CA? Or am I just totally screwed?
Link Posted: 9/8/2001 11:36:33 AM EDT
As long as no one catches you, you probably could.
Link Posted: 9/8/2001 1:09:42 PM EDT
By the letter of the law, no. Your only legal option is to surrender them to the authorities. However, if you were to just go and do it and be quiet about it, the guns would be legal to keep stored in Oregon.
Link Posted: 9/8/2001 4:07:24 PM EDT
If you are driving straight through, except for rest stops and overnight sleeping, and not making any side trips - yes you can. Federal law protects you so long as your firearms are legal where you are coming from and where you are going to. Mind you in CA all firearms must be transported unloaded ( AR's and hand guns in locked cases ) and the ammo kept seperate. Also in CA a loaded mag is considered a loaded firearm (figure that out!). If you doubt me cehck it out here at the DOJ firearm web page: [url]http://caag.state.ca.us/firearms/travel.htm[/url]
Link Posted: 9/8/2001 4:42:43 PM EDT
[Last Edit: 9/8/2001 4:44:24 PM EDT by Bat21]
Try this out. I always carried some of my pistols on board an airplane when being transferred. My orders to a new duty station had the information of what I was carrying on typed on the orders. Maybe they don't do this anymore. But possibly, your guns can be listed on your transfer orders, and then if stopped, you can show the orders. You are after all "Property of the U. S. Government". Usually nothing was said, except for one time, the Pilot came back with a copy of my orders, and asked, if I had the pistols mentioned on my orders with me. I just said yes and pointed to storage above me, that was all there was to it. This was in the 1970's before Kalifornia accepted Communism as their true form of government. Orders would list all information, including S/N, etc.
Link Posted: 9/8/2001 7:41:36 PM EDT
Pthfndr, Even though a lot of people have the misconception, there is absolutely nothing in California law that says a loaded magazine is considered a firearm. They are perfectly legal to transport as long as they are not attached to the firearm. The only exception is if you are engaged in criminal street gang activity.
Link Posted: 9/9/2001 2:24:44 AM EDT
Link Posted: 9/9/2001 11:56:11 AM EDT
Paw, there appears to be a way to register your AW's. The PRK 2001 Dangerous Weapons Control Law states this under Section 12285(b)(2)(A)&(B): _____________________________________ (2) A person moving into this state, otherwise in lawful possession of an assault weapon, shall do one of the following: (A) Prior to bringing the assault weapon into this state, that person shall first obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 12230) of Chapter 2. (B) The person shall cause the assault weapon to be delivered to a licensed gun dealer, as defined in subdivision (c) of Section 12290, in this state in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. If the person obtains a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 12230) of Chapter 2, the dealer shall redeliver that assault weapon to the person. If the licensed gun dealer, as defined in subdivision (c) of Section 12290, is prohibited from delivering the assault weapon to a person pursuant to this paragraph, the dealer shall possess or dispose of the assault weapon as allowed by this chapter. ________________________________ I would email DOJ and ask for permission to register them as (A) allows while still in NC. If you move to PRK first then you will be taking a chance on them saying no, and your guns will be stuck with the FFL. You can read the above section, and all the other bad news at the PRK DOJ web site: [url]http://caag.state.ca.us/firearms/dwcl/dwc.htm[/url]
Link Posted: 9/9/2001 10:00:28 PM EDT
dont bother trying to register the guns, they wont let you. take the guns put them in a LOCKED CASE (required by law) put them in your locked TRUNK (as per law) and drive nice and safe around the speed limit. if pulled over dont act like a F**King jackass. the officer can NOT search the trunk without placing you under arrest and must have cause to look for evidence in the trunk. (in other words it wont happen) how many gangbangers carry guns every day and do NOT get caught? how many private citizens do the same and dont get caught? chances are the cops dont even know the AW law, if you get stopped sign the ticket and do NOT mention having guns.
Link Posted: 9/10/2001 12:18:43 AM EDT
Friend of mine called a week ago. Seems a co-worker decided to do "the right thing" and register 2 new in the box pre ban COLT AR15s because of the new law in 2000 banning them by features. These were named the Roberti- Roos law and were not allowed to be registered under the 2000 law.He got trapped. They desperately needed help because he just got a letter from DOJ requesting that he turn in the assault weapons that he tried to register immediately. I am trying to get that letter so I can post it. But the guy has it hard enough already. Options discussed. 1. Get them out of California. Then respond with a letter stating that to DOJ that they were never in the state.(problem here is; can they still come after you and make you prove that they were not in the state since 1989? I think its our word against theirs but I don't want the guys house burned down in a raid due to bad advice.) 2. Strip them down and turn in the receiver? (What good is that) 3. Strip them down and put the receivers in a safe deposit box in Nevada or Oregon. (still have the same problem as item 1) I have a strong feeling this guy is going to turn them in soon. His job would be on the line if he got convicted of anything.
Link Posted: 9/10/2001 12:53:16 AM EDT
[Last Edit: 9/10/2001 1:04:25 AM EDT by Big_Bear]
Link Posted: 9/10/2001 3:47:29 AM EDT
My vote is for Burned's #3. Do it tomorrow before you host a BBQ for the Kali DOJ and ATF. Kharn
Link Posted: 9/10/2001 2:15:24 PM EDT
Actually, didn't the Courts overturn The California Law banning AWs by series (i.e. AR, AK, etc.) If so, then remove the Pistol Grip and Take it to Oregon. If you do, throw away the Grip since you could be nailed for intent to construct. If you lock them in a box, unloaded in your trunk as per Federal law then you can swing by on "a trip through California" From Nevada/Arizona To Oregon. Since they are legal in North Carolina and Oregon, you should be fine. If you are in the Military, then you might (not sure if possible) pick them up and take a Space-Available Travel to Oregon or some other state where AWs are legal. You shouldn't be questioned at least by police for having ARs while traveling in Military Transport.
Link Posted: 9/10/2001 7:30:59 PM EDT
Yep they guy was a dumb@$$ But there is hope.. He has since shipped them out of state to a relative and advised DOJ (they were never in the state)and they sent him a form to fill out declaring he no longer possessed them. He filled it out and sent it back since I last talked to them. According to someone on the phone at DOJ that is all that is needed. Personally I was pushing#1 but I didn't think the guy had the guts to do it. He won't part with the paperwork requesting him to turn them in, so I won't be able to post it. I guess he doesn't want anymore trouble. Well at least some good news came out of this whole mess and 2 good preban AR15 are not going to be scrapped. Now if we can only get a favorable ruling on Emerson !!!!!
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