User Panel
Posted: 8/30/2004 5:56:54 PM EDT
The reason I ask is because my brother in law claims to have a SP1 carbine and I don't want to call him on this until I have my facts right. It is my understanding that all detachable mag Ar's were outlawed a few years ago with no grandfather clause for existing weapons.
Any help would be appriciated...............Tom |
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As long as they were registered as "assault rifles" in time, they could be kept.
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Paul,
I envy you!You have all the neat toys! Just a little info for you Cali guys..... Before the BAN,DOJ estimated that there were 1.4 million assault rifles in California and after the BAN the DOJ reported that there were only 15K rifles registered as assault weapons!Hahaha Carry on! |
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i registered also. i think in the comeing years the doj will look through the yellow forms we all filled out to buy our rifles then cross check both lists. i think those people that didn't register will have to prove their a.w. are out of state or have some big problems. i just think we should just follow the law and not be made examples of. when i worked at a gun shop we did not "register" long guns as we do pistols but we did call in the purchasers name, address, caliber, as a long gun. at other shops they also send that info by computer to "somewhere". so i think it is foolish to think that "they" don't know what you have. i feel better knowing that i have no problem if i am ever checked. i can still move them out of state any time i like.
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I too registered mine but then again i can sstill shoot it in the desert here as well as the range.I would be worse off if caught with an unregistered rifle.Plus if things get bad i can always take it out of state.What one decides to do with their so called aw is their own business not mine or anyone elses
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where do you get the numbers of AWs in kali and the numbers registered?
they dont seem correct to me. anyone who registers AINT NO SUCKER. when DVDtracker got his guns stolen he got the AR back, if he didnt register the cops would say ..... "oh we found your gun but its an AW and you didnt register it so you dont get it back" OR imagine you shoot an attacker in your home with your unregisterd AW, now you got problems. confiscation? they havent even made an attempt to confiscate guns from the '89 AW ban, 15 years of enjoyment VS 15 years of hiding it hoping it doesnt get found out, which do we prefer? crazy thing is i still meet people who have an AW and dont even know it, and when i tell them about the registration they never heard of it, and i know theres a ton more people out there like that. |
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I register a couple of them. Sold a lot of them before the ban. Now, I miss them so.
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1. In California, you shoot ANYONE in your home, you've got PROBLEMS, righteous or not. Registered AW or not. Period. Califfornia is a state with NO sense of it's self and remains BARELY a "state" of the union with it's ghost voted gun control legislation. 2. Confiscation of registered AW's is a CERTAINTY in the fullness of time. 3. What's so crazy about people not realizing they have an AW? They DONT... We ALL know what an AW is, and, it's not an AR15, sure, our leglislature has decided to lump the AR15 in the definition pile of AW's, and that doesn't make it so. And, you must understand that there are many who didn't want to register their rifles as so called AW's, and, rightfully so. An elected comittee can stand around all day long, pronouncing that a duck is in fact a chicken, they can comit it to text in a book of laws and nod their heads in affirmation that ducks are really chickens, and those of us that know better will weigh the AW list and the "chicken" list evenly. I'm not going to call anyone a sucker for registering their AR15 as an AW, or for not doing so. I do believe that when we cooperate with the machine of gun control, we become a part of the problem. It's scary what the citizenry of this state have ALLOWED the legislature to accomplish over the last 20 years either through apathy or direct act. Food for thought, no? |
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i sure was not happy to register them. it is an assualt weapon by california's law. we have lost most of our rights in california but if you live here you would be smart to obey those laws. when you get arrested with an illegal assault weapon you can be sure that all of your internet fredom fighter friends will not be there to help with your legal bills. at this time i am willing to comply with the law of the land. it is and always will be every man for himself.
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Garand1911, First off, not likely to happen, since most peoples primary home defense weapon is a pistol, or shotgun. Second, at that point, the only thing you will probably lose is the gun.
Obviously you have not lived here that long. Do you remember the amnesty they offered those who didnt register their SKs's and then went on to confiscate them? Oh yeah, confiscation is not likely to happen, keep on smoking that pipe, and you might keep on beliving the lie. The problem is once you die, your weapons, and hi cap mags can not be passed on to your children in Kali, and have to be turned in to be destroyed. Oh yeah, thats not confiscation. Most of the people I see at the ranges with the dreaded "aw" have not registered them and yet freely take them to the ranges, and I believe they will continue to do so. If they start cracking down on the ranges the ranges will surley go out of business. I do not condone breaking the law, but is firearm ownership a states right issue, or a guaranteed right by our Creator as stated in the Declaration of Independence, and our Constitution? I do agree with you, who from this board will defend those who are breaking the law? None I'm sure, that is why no one has the guts to publicly share their civil disobedience, but do it in the secret by hiding. .
occaar, unless the laws change dramatically, the burden of proof is on the Government to prove that they are out of state. Unless they have video of you, or still shots, using them, and hiding them, consequently they would have them as evidence as well, their hands are tied. They will be in for a battle, if they start knocking on doors demanding to know where you are storing your firearms. Which sounds like hitleresc confiscating tactics. Not a likely scenario. |
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I would be more worried about a civil suit rather than a criminal one. California has a "home is your castle law" which states that you are presumed innocent while defending your home - it is presumed anyone breaking into an occupied home is there to do harm to the persons inside - not to tour your kitchen improvement. Unlike Texas you can't kill your neighbor's 9 year old daughter who is knocking at your door to sell girl scout cookies nor can you kill the local 11 year old boys playing cowboys and indians hiding in the bushes in your backyard after dark. I wouldn't shoot my neighor with Alzhimers nor my brother coming to visit but sure as hell would shoot down a stranger in a heartbeat if he so much as flinched under my .357's laser sight. For civil reasons I wouldn't use an AR to shoot my neighor's kids even in Texas - too politically incorrect to defend in front of a civil jury. I have a nice .357 revolver with gold dots for that purpose and a nice looking Mossberg 500A defender in the common 12 gauage caliber with 00 buck. I'm an expert with either left or right handed and practice shooting under all sorts of conditions with either exteremely effective weapon. If a .357 doesn't do it at point blank range nothing will. |
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You know if you are going to make comments about the laws in this state you really oughta look them up first, it ain't that hard. (and you might not seem quite so foolish to those that are more familiar with them)
Penal Code Sections 197. Homicide is also justifiable when committed by any person in any of the following cases: 1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or, 2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein; or, 3. When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or, 4. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace. 198. A bare fear of the commission of any of the offenses mentioned in subdivisions 2 and 3 of Section 197, to prevent which homicide may be lawfully committed, is not sufficient to justify it. But the circumstances must be sufficient to excite the fears of a reasonable person, and the party killing must have acted under the influence of such fears alone. 198.5. Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred. As used in this section, great bodily injury means a significant or substantial physical injury. 199. The homicide appearing to be justifiable or excusable, the person indicted must, upon his trial, be fully acquitted and discharged. I registered mine but as I had Security clearance for both work and Reserves, gaining a felony arest or conviction, it would be a little tough on the family if I lost the clearance. Plus now I can take it out and shoot it almost everywhere shooting long guns is legal and I don't have to worry about it. You'll find that most of the guys that have been clanged for illegal weapons were as a result of other minor offenses and in the subsequent investigations/searches the weapons turned up. The other major category has been outright criminals using illegally procured weapons in violent activity where an additional elony wasn't a big deal. In other words those that didn't were betting they aren't going to fall afoul of the legal system, via their mouths, an ex-girlfriend, ex-wife, ex-buddy, etc, accident with it in the car, shooting an intruder (hide the AR and use an Mini-14 for defense if you think that the .223 is the round to use, at in house range the difference in accuracy shouldn't matter) |
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I'm not flaming anyone here. You are all brothers at arms. I really appreciate the hometown forum more than the rest of the site. I do not condone the breaking of the California Assault Weapons ban, nor do I support it.
Having said all my disclaimers in front, if any of you really believe that the law is not a confiscation scheme read this taken from their faq page.
What happens if you have a herat attack tomorrow, what happens if you get in a car accident tomorrow? Do your wife and kids really get a chance to own your legally purchased and registerecd firearms. Your Government says they can try to obtain the proper permit from the DOJ. Oh , by the way did you know that they are no longer handing out those permits? I guess your families choice is to relinquish it to a licensed person, Or remove it from the state, within 90 days, or face prosecution. Yeah technically, their not knocking on your door, and confiscating it, there just using different means to seperate you from owning a firearm. This is why it is imperative for all of you to get involved with writing faxing, and calling your reps local, and federal. If you say that this awban in Kali is not cnfiscation, you are just fooling yourselves. If I cannot pass legally registerd weapons down to my children, I call that forced surrender, or"confiscaton" Call it what you want, but I will call it what it is. |
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i agree. it is a form of confiscation, however we were allowed to do a dual registration for our california assault weapons (though this was not well known info before the registration was done). my brother and i share legal possesion of them. after we both die our families will have to move them out of state or sell them as you stated. this is unjust but i believe there is a better chance for world peace than to repeal the california assault weapon ban. this state is only going to become more strict. the anti guners just out number us reasonable people. stock up on those cheap (-$250) sks rifles while you can. if your children can legaly own a gun get a few for them. have everyone you care about buy atleast one. or we could all save ourselves the bull shit and move to free america. though it will take much more for me to move because all of my family is located in the o.c. i was born here and i plan to die here.
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My wife takes her 1.5 million dollars, sells the house for $325,000 and takes her 1.825 million dollars minus taxes and moves. My job and high pay are what ties me here. She has no interest in the AR's. I never feel under armed with a M1A but do a bit with the M1 Garand as I'm not really high speed/low drag on those damn clips (yes they are in fact clips in the M1 Garand!). I'm fine where I'm at and will give California some time, say five years to either finish the swing to the left and go completely socialist or rebound and start swinging to the right. When I leave as a 50 something year old man I will retire knowing that I fought the good fight, not ran away from the sound of the guns like so many girly men (using Arnold's growing popular phrase). I'm willing to bet that we've seen the worst pass and that things are getting better. The federal election cycle and what happens to the border after the next terrorist attack is traced to people coming in from Mexico will spell disaster for the liberals here. I am serious, where would this country be if Patrick Henry, John Adams, Thomas Jefferson, and Thomas Paine has said, to hell with English rule lets move to Canada! Guys like Ben Franklin and Elbridge Gerry just weren't smart guys, they were brave enough head toward the sound of the guns. Imagine if all the guys bad mouthing California as a lost liberal cause would move here rather than to fling monkey shit at us. The state is way liberal - 56 to 44% last figures I remember ... 4.5% swing would make the difference. Of course California is a huge state and we more people voting for the mayors of some of our cities then other states have voting for President so 4.5% is a big number of people but it's not impossible. In 28 days and a wake up I end my military service to this nation so many of the laws that have limited or prohibited my political involvement are lifted. I will continue to volunteer and serve but it will be for my local pro-choice (the choice to own firearms ) candidates. I will make my best effort at keeping my representives as pro-gun as they are now. March to the sound of the guns damn it and don't shoot until you see the whites of their eyes (metaphorically speaking of course). Take time to convince your mothers and fathers, sisters and brothers, fellow union members, friends, church aquaintances that the pro-gun canidate is who they need to vote for. I turned serveral democrats around - they are union members and good Catholics ... I simply got them to vote their religion rather than their who their union informed them to vote for. My mom and dad sat out elections after '72 and Richard Nixon - I got them involved asking them to vote (R) for me. I've talked with my bother who is just this side of clueless and gave him the facts that he needs to vote and to vote (R) for his children's furture (they home school). If we can do this faster than the D's can bring illegals in by the bus load we actually have a chance to turn this state around. I would much perfer to be buried with a bullet in my chest than one in my back ... march to the sounds of the guns! |
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Thanks I had read that long long time ago and lost the Penal Code section. Thanks. My home is my castle! Excellent review here in Abobe Acrob format worth reading if you understand some of the minimum legal terms: llr.lls.edu/volumes/v36-issue4/documents/9selfdefense.pdf Nice having Loyola Law Review's opinions on the reading. I've read advice like this in the book "In the Gravest Extreme" and here's a schollarly review of the law that backs that up. Excellent. |
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Used to be called the Richardson Law after H. L. Richardson, a Rep Rep from Arcadia who so pissed off the liberals that for many years his support or authorship of a bill was it's death warant. This may have been the only law he ever got through.
If I recall correctly it was the atempted prosecution of a homeowner who killed some bg's in his house by a DA claiming that the necessary fear wasn't present . May have been shortly after the Manson or Zodiac killings, in any case there was enough uproar over the prosecution that he got the prima facie presumption specifically included in the Penal Code. |
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Dont feel bad about registering your guns. They funny thing about history is that it's predictable as it repeats itself. The Jews sent to the camps in Germany (and Poland and etc) registered their guns too. That was the first step of genocide.
Patty |
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amen to what paul says. im getting sick of everyone(even my close gun-owning friends) saying they want to move.
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Mine are all registered under both mine and my wifes name. If I die she can use them or send them out of state to either save for my kids or to sell. |
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Sure Patty, great grasp of history you have there. |
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