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Posted: 1/29/2006 11:16:48 AM EDT
Can I legally import or posess a USGI flash supressor for an M1A as long as it is not affixed to the rifle?
Link Posted: 1/29/2006 1:42:26 PM EDT

Originally Posted By madjack956:
Can I legally import or posess a USGI flash supressor for an M1A as long as it is not affixed to the rifle?



sure its just a piece of metal w/o the weapon.
Link Posted: 1/29/2006 2:10:06 PM EDT
thanks, I really appreciate the info...
Link Posted: 1/30/2006 2:03:22 PM EDT

Originally Posted By 1911greg:

Originally Posted By madjack956:
Can I legally import or posess a USGI flash supressor for an M1A as long as it is not affixed to the rifle?



sure its just a piece of metal w/o the weapon.



Holy shit. This is completely, totally wrong and irresponsible. A flash hider by itself is just a "piece of metal" but possessing it AND a weapon on which it will fit is clear-cut, textbook "constructive possession" of an unregistered Assault Weapon. There is also the charge of "Intent" to create an assault weapon should the DA want to hit you with that instead. Take your pick. According to the law, if you have the disassembled parts to create an AW, you have an AW. This applies to almost everything. A 20" AR-15 with another 11" barrel nearby is construction possession of an unregistered SBR. A semi-auto AR and set of M-16 parts in a drawer in the garage is constructive possession of an unregistered MG. They do not need to be installed or even in the same room, they just need to be in your control.
Link Posted: 1/30/2006 2:26:37 PM EDT



Hey wait, he might actually be right....paging bweise.......
Link Posted: 1/30/2006 3:58:05 PM EDT
Answering the orig poster's question: sure you can have an M1A flash hider and an M1A.
Just don't install it otherwise you've made an assault weapon.

'Constructive possession' for SB23 AW features does not apply in CA - at least DOJ says it doesn't (letter to lawyer Chuck Michel from DOJ Asst Dir Tim Rieger, an attorney - regarding gripless Robinson Arms M96).

It's a different gig on a Federal basis for NFA stuff (i.e., M16 parts set plus AR15 still = M16).

Whether a local DA does could be a different matter but it would be a really egregious situation triggering this: driving around with, say, a gripless Imbel FAL clone and a pistol grip ready to be mounted, etc. If I had such a gripless gun and separate grip I would not possess them near each other unless locked separately from each other (while travelling to an out-of-state location, for example).

Bill Wiese
San Jose CA

Link Posted: 1/30/2006 6:33:50 PM EDT
And if you own a hacksaw, that shows intent to create a short-barreled rifle too, huh?
Link Posted: 1/31/2006 7:07:19 PM EDT
It's legal to have both.....unless you can quote me the law that says otherwise.

By your reasoning....if I own a pre-ban registered M1A AW and a spare flash suppressor for it (because I put a Smith Enterprises vortech on it) and 2 post ban CA-legal M1A's, then I have "constructive possession" of 2 AW's?

Not being a smart ass here...just debating the question.
Link Posted: 2/1/2006 10:37:18 AM EDT

Originally Posted By Whitesmoke:
It's legal to have both.....unless you can quote me the law that says otherwise.

By your reasoning.... if I own a pre-ban registered M1A AW and a spare flash suppressor for it (because I put a Smith Enterprises vortech on it) and 2 post ban CA-legal M1A's, then I have "constructive possession" of 2 AW's?



Yes, for now, this is true in CA for California-only matters.

A very bright gun attorney I spoke with a few weeks ago expects 'constructive possession' issues to get worse in the years coming and to become similar to the Federal concepts that already apply to NFA items.

This is not black-letter law, this is law that comes out (or could come out) of court decisions and judges and he thinks things may trend this way.

And while the CA DOJ has written that 'constructive possession' issues don't apply to SB23 features, one of the 58 DAs might differ in his opinion - esp in an egregious, flagrant case like driving around with a FAL clone on the car seat and a separate pistol grip nearby.

(On a Fed basis: if you have an AR and a separate 10" upper with no pistol lower available, you could be regarded as illegally possessing an SBR. Or, own an AR15 and own separate M16 fire-control parts - even if they're not in the same building, even if not assembled in the gun - you could be regarded as owning an illegal machine gun. These are both examples of 'constructive possession' where separate legal items under your control can be regarded to be a complete, yet illegal, entity.)



Bill Wiese
San Jose CA
Link Posted: 2/6/2006 2:05:30 PM EDT
[Last Edit: 2/6/2006 2:10:03 PM EDT by Homeinvader]
A letter from a Deputy DA at the state level is about the worst sort of "protection" imaginable. His opinion, that's all. When he leaves office for private practice, that'll change. And there are far more DAs at the local, county and municipal levels that would disagree and charge you anyway.

I think this is VERY dangerous to be flippantly telling someone they can have a flash hider AND an M1A at the same time. Letter of the law, maybe, but we have now seen how California DOJ operates contrary to the letter of the law. Constructive Possession maybe not specifically legislated or regulated at the state level for firearms, but there are accompanying violations like Conspiracy or Attempt that can easily be charged by even innocently having the two parts together in the wrong place in the wrong company. A DA need only believe he can prove it. Allowing someone to believe they can have both a flash hider AND a non-AW M1A like there was nothing to it is a bit irresponsible, IMHO.

City of Los Angeles, by the way, DOES have a Constructive Possession law for AWs, so be forwarned if you live here OR are passing through with your M1A and detached flash hider. LA Municipal Code 55-05 (1) 4: Any part or combination of parts designed or intended to convert a weapon into an Assault Weapon (IS an Assault Weapon). In LA city, this situation is illegal. State firearms pre-emption or not, LA will hammer you.
Link Posted: 2/6/2006 5:35:47 PM EDT

Originally Posted By DnPRK:
And if you own a hacksaw, that shows intent to create a short-barreled rifle too, huh?



Use the pipe cutters...you get a cleaner and straighter cut!
;)
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