Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > FIREARMS DISCUSSIONS > Centerfire Rifles - Semiautomatic or Gas Operated
Register FAQ Members List Calendar Mark Forums Read

Centerfire Rifles - Semiautomatic or Gas Operated Centerfire rifles, carbines and other gas operated rifles.

Reply
 
Thread Tools Display Modes
  #1  
Old 12-10-2016, 6:32 PM
VBUNM VBUNM is offline
Member
 
Join Date: Jun 2015
Posts: 293
iTrader: 25 / 100%
Default Are our ARs and AKs considered "AWs" starting on 1/1/17?

Hello All,

I've gotten some great feedback and thoughts from the Calguns community on past questions, so here's another legal brain-teaser for those that may know the answer, or care to opine:

- most of us by now know about the AW-related legislation and its implications (registration vs. featureless vs. BB2/MagLock, 1/1/17 vs. 1/1/18, etc.). But, my question is: what will the legal status of our "standard" ARs and AKs (i.e., those in the current configuration) be starting on 1/1/17?

- i.e., it appears to me they will be legally considered "AWs" starting on 1/1/17, unless we convert them to featureless or install the BB2/Maglock. So if that's the case, then not only can we not sell them in that configuration starting 1/1/17, but they become subject to the "AW"-related transportation and storage restrictions, correct?

- in other words, starting 1/1/17, we legally cannot transport our "standard" M&P-15s, WASRs, NPAPs, etc. in our cars anywhere except to & from the range? If we stop at a McDonalds for a Big Mac, we're a felon? If we stop at Wal-Mart to pick up cat litter, we're a felon?
Reply With Quote
  #2  
Old 12-10-2016, 6:56 PM
elSquid's Avatar
elSquid elSquid is offline
I need a LIFE!!
 
Join Date: Aug 2007
Location: Left coast.
Posts: 10,339
iTrader: 6 / 100%
Default

The changes in 30515 come into force on 1/1/2017. If you have a firearm that is considered an AW by the new changes, then yes you will have an AW at that time, with all that entails.

-- Michael
Reply With Quote
  #3  
Old 12-10-2016, 7:02 PM
VBUNM VBUNM is offline
Member
 
Join Date: Jun 2015
Posts: 293
iTrader: 25 / 100%
Default

That's what I thought, but I was curious if I was right or not.

So basically, even though we get a 1-yr "grace period" to register our AWs (or convert them to be non-AWs), meaning we have 12 months within which we can think about what we want to do with them, nevertheless, starting on 1/1/17 they are officially considered AWs, and we have to be very careful what we do with them (transport, storage, usage, etc.) from that date onward?
Reply With Quote
  #4  
Old 12-10-2016, 7:02 PM
Saym14 Saym14 is offline
Calguns Addict
 
Join Date: Jul 2009
Location: So Cal
Posts: 7,989
iTrader: 150 / 100%
Default

Quote:
Originally Posted by elSquid View Post
The changes in 30515 come into force on 1/1/2017. If you have a firearm that is considered an AW by the new changes, then yes you will have an AW at that time, with all that entails.

-- Michael
great so on 1-2-17 I can remove my bullet button and put in a mag release button!?!?!?
__________________
Off roster HK and walther for sale

https://www.calguns.net/calgunforum/....php?t=1550625
Reply With Quote
  #5  
Old 12-10-2016, 7:03 PM
NationsMostWanted NationsMostWanted is offline
Senior Member
 
Join Date: Oct 2010
Posts: 905
iTrader: 4 / 100%
Default

When we register, what actually changes from today other than they know we have it. I'm so confused on it all
Reply With Quote
  #6  
Old 12-10-2016, 7:05 PM
VBUNM VBUNM is offline
Member
 
Join Date: Jun 2015
Posts: 293
iTrader: 25 / 100%
Default

In other words, the 1-yr "grace period" only involves us being given the time to think about what we want to do with our AWs? There is no 1-yr grace period for how our currently-configured rifles are to be considered? As of 1/1/17, they automatically legally become AWs, unless we convert them?
Reply With Quote
  #7  
Old 12-10-2016, 7:12 PM
elSquid's Avatar
elSquid elSquid is offline
I need a LIFE!!
 
Join Date: Aug 2007
Location: Left coast.
Posts: 10,339
iTrader: 6 / 100%
Default

Quote:
Originally Posted by VBUNM View Post
That's what I thought, but I was curious if I was right or not.

So basically, even though we get a 1-yr "grace period" to register our AWs (or convert them to be non-AWs), meaning we have 12 months within which we can think about what we want to do with them, nevertheless, starting on 1/1/17 they are officially considered AWs, and we have to be very careful what we do with them (transport, storage, usage, etc.) from that date onward?
They are AWs as of the first, the grace period in 30680 is technically only for folks registering their guns, and 30680 is a possession-only exemption.

https://leginfo.legislature.ca.gov/f...201520160SB880

The legally conservative approach would be to...

A) ensure that all rifle configuration changes are made before the end of the year.

B) dont take unregistered AWs out of the home next year until they are registered, since 30680 does not give an exemption to transport an unregistered AW.

There are a bunch of rabbit holes here that can be explored, but I'm not going to bother.

YMMV,

-- Michael
Reply With Quote
  #8  
Old 12-10-2016, 7:13 PM
NationsMostWanted NationsMostWanted is offline
Senior Member
 
Join Date: Oct 2010
Posts: 905
iTrader: 4 / 100%
Default

I kinda can live with being featureless if I can have a normal mag release..

Is there a site u guys commonly use to see featureless parts to convert?
Reply With Quote
  #9  
Old 12-10-2016, 7:15 PM
elSquid's Avatar
elSquid elSquid is offline
I need a LIFE!!
 
Join Date: Aug 2007
Location: Left coast.
Posts: 10,339
iTrader: 6 / 100%
Default

Quote:
Originally Posted by VBUNM View Post
In other words, the 1-yr "grace period" only involves us being given the time to think about what we want to do with our AWs? There is no 1-yr grace period for how our currently-configured rifles are to be considered? As of 1/1/17, they automatically legally become AWs, unless we convert them?
They are AWs as of the first, full stop, and the grace period is for registering.

The time for you to figure out what to do is and has been the latter half of 2016.

( shrug )

-- Michael
Reply With Quote
  #10  
Old 12-10-2016, 7:16 PM
myk's Avatar
myk myk is offline
Calguns Addict
 
Join Date: Sep 2012
Location: Sun Diego
Posts: 5,955
iTrader: 1 / 100%
Default

And if the registration program takes 10 months to roll out? Does that mean that our rifles are stuck in the safe until DOJ gets their s**t together? I will not do featureless...
__________________


I don't always save the world, but when I do, it's in 24 hours or less...
Reply With Quote
  #11  
Old 12-10-2016, 7:29 PM
VBUNM VBUNM is offline
Member
 
Join Date: Jun 2015
Posts: 293
iTrader: 25 / 100%
Default

Thanks for the input, Michael (elSquid). Good points!

I definitely agree with you on (A), since I've been featureless-izing my ARs and AKs the past few months, in anticipating of 1/1/17 being the AW-definition date.

But, I'm not sure I agree with you on (B). As I understand it, we ARE allowed to take them out of the house--to the range only, of course--even though we haven't registered them yet, as long as we follow the transportation/storage/usage restrictions associated with AWs?

Isn't that the whole point of the 1-yr grace period? We're given 1 yr to register them as AWs, even though they are legally considered AWs on 1/1/17, correct? So since we are granted a 1-yr grace period within which to register, how can we be accused of transporting an unregistered AW during that 1-yr period?
Reply With Quote
  #12  
Old 12-10-2016, 7:37 PM
REDdawn6 REDdawn6 is offline
Senior Member
 
Join Date: May 2011
Location: Mentone Ca, 92359
Posts: 2,450
iTrader: 28 / 100%
Default

RAW has different transport laws and I don't think anyone can use it either... If I'm wrong, flame in..
__________________
Reply With Quote
  #13  
Old 12-10-2016, 7:39 PM
elSquid's Avatar
elSquid elSquid is offline
I need a LIFE!!
 
Join Date: Aug 2007
Location: Left coast.
Posts: 10,339
iTrader: 6 / 100%
Default

Quote:
Originally Posted by VBUNM View Post
Isn't that the whole point of the 1-yr grace period? We're given 1 yr to register them as AWs, even though they are legally considered AWs on 1/1/17, correct? So since we are granted a 1-yr grace period within which to register, how can we be accused of transporting an unregistered AW during that 1-yr period?
Possession and transport of an AW are two separate crimes ( 30605 and 30600 ) and technically the legislature has only granted an exemption for possession.

Will there be arrests for transport during the grace period?

Don't know. You'd think that would be a total ***** move, and you'd be right, but there is legal exposure there.

People can make up their minds on how they want to deal with that aspect of it.

-- Michael
Reply With Quote
  #14  
Old 12-10-2016, 7:56 PM
VBUNM VBUNM is offline
Member
 
Join Date: Jun 2015
Posts: 293
iTrader: 25 / 100%
Default

Good points again, Michael. On one hand, I can see that realistically a LEO or DA might not want to split hairs on those issues, but then again, technically the PC for possession is different from the PC for transport, so why not throw the book at the little guy and bump up that conviction rate for when it's time to run for AG or Senator...

Wow! Makes your head spin. We're expected to follow the law that even the lawmakers/enforcers don't fully understand.
Reply With Quote
  #15  
Old 12-10-2016, 8:22 PM
Cynnik Cynnik is offline
Member
 
Join Date: Apr 2013
Location: SoCal
Posts: 187
iTrader: 32 / 100%
Default

All I wanna know is, once I register my bullet-buttoned rifle which will now become a RAW, can I finally remove the bullet button and have an OAL of 26in?
Reply With Quote
  #16  
Old 12-10-2016, 8:33 PM
Rgarbarino Rgarbarino is offline
Senior Member
 
Join Date: Aug 2014
Posts: 940
iTrader: 15 / 100%
Default

Quote:
Originally Posted by myk View Post
And if the registration program takes 10 months to roll out? Does that mean that our rifles are stuck in the safe until DOJ gets their s**t together? I will not do featureless...
Kinda makes you think the 1 year grace period SHOULD start at the same time the registration program opens.

What happens if they don't have it together until say June, in reality that only leaves you a 6 month grace period.
Reply With Quote
  #17  
Old 12-10-2016, 8:34 PM
Oc plumber Oc plumber is offline
Member
 
Join Date: Jun 2016
Location: OC
Posts: 289
iTrader: 1 / 100%
Default

Quote:
Originally Posted by Cynnik View Post
All I wanna know is, once I register my bullet-buttoned rifle which will now become a RAW, can I finally remove the bullet button and have an OAL of 26in?
Bro there are hundreds of these posts use the search , hunker down for hours and read read read , or drive down to your local sheriffs office and ask them
Your not gonna get a %100 factual answer here until the law is placed into effect
Reply With Quote
  #18  
Old 12-10-2016, 8:50 PM
Sigbird Sigbird is offline
Senior Member
 
Join Date: Dec 2013
Location: Orange County
Posts: 1,244
iTrader: 73 / 100%
Default

Quote:
Originally Posted by Cynnik View Post
All I wanna know is, once I register my bullet-buttoned rifle which will now become a RAW, can I finally remove the bullet button and have an OAL of 26in?
I read that you will be able to remove your BB once registered as an AW, but the only info you hear on Cal Guns is the removal of the BB once you go featureless. The BB was the only loophole from it being considered a so called AW, so once you register it, you should be able to have a standard mag release on your registered AW.

Last edited by Sigbird; 12-10-2016 at 8:55 PM..
Reply With Quote
  #19  
Old 12-10-2016, 9:37 PM
TheShagg TheShagg is offline
Member
 
Join Date: Apr 2013
Posts: 353
iTrader: 0 / 0%
Default

There never was a grace period. With what we know now, you don't get to choose to convert your rifle back.

From SB880:

"This bill would require that any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined, and including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, register the firearm with the Department of Justice before January 1, 2018, but not before the effective date of specified regulations. "
Reply With Quote
  #20  
Old 12-10-2016, 9:50 PM
Mayor McRifle's Avatar
Mayor McRifle Mayor McRifle is online now
Calguns Addict
 
Join Date: Dec 2013
Location: Central Valley
Posts: 6,622
iTrader: 14 / 100%
Default

Quote:
Originally Posted by Oc plumber View Post
Bro there are hundreds of these posts use the search , hunker down for hours and read read read , or drive down to your local sheriffs office and ask them
Or just go to the CRPA website and listen to the webinar that discusses all of this.
__________________
Anchors Aweigh

Reply With Quote
  #21  
Old 12-10-2016, 10:12 PM
Mayor McRifle's Avatar
Mayor McRifle Mayor McRifle is online now
Calguns Addict
 
Join Date: Dec 2013
Location: Central Valley
Posts: 6,622
iTrader: 14 / 100%
Default

Quote:
Originally Posted by TheShagg View Post
There never was a grace period. With what we know now, you don't get to choose to convert your rifle back.

From SB880:

"This bill would require that any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined, and including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, register the firearm with the Department of Justice before January 1, 2018, but not before the effective date of specified regulations. "
That just means that if you didn't register an "assault weapon" the last time around, you don't get a second chance to make that same pre-2001 rifle legal this time around.

This exemption to the ban on possessing "assault weapons" only applies to evil featured rifles you legally possessed between 2001 and December 31st of this year. If you want to keep it in the configuration that now makes it an "assault weapon," you are required to register it by the end of 2017. If you had one before 2001 and didn't register it, you didn't possess it legally from 2001 and now, so you're out of luck and you can't register it now along with your bullet buttoned post-2001 rifles.

This legislation requires the registration of "assault weapons." If you remove the evil features that make it an "assault weapon," it's no longer an "assault weapon."
__________________
Anchors Aweigh


Last edited by Mayor McRifle; 12-10-2016 at 10:15 PM..
Reply With Quote
  #22  
Old 12-10-2016, 10:52 PM
phase1's Avatar
phase1 phase1 is offline
Senior Member
 
Join Date: Aug 2013
Location: Inland Empire
Posts: 1,727
iTrader: 8 / 100%
Default

So we can't transport AW to a gunsmith?
__________________
Quote:
Originally Posted by Intimid8tor View Post
I don't need one but I might need one.
Reply With Quote
  #23  
Old 12-10-2016, 11:06 PM
NationsMostWanted NationsMostWanted is offline
Senior Member
 
Join Date: Oct 2010
Posts: 905
iTrader: 4 / 100%
Default

What happens if u register as assault weapon and later decide featureless
Reply With Quote
  #24  
Old 12-10-2016, 11:09 PM
Ishooter's Avatar
Ishooter Ishooter is offline
Senior Member
 
Join Date: Mar 2010
Posts: 588
iTrader: 1 / 100%
Default

Quote:
Originally Posted by Sigbird View Post
I read that you will be able to remove your BB once registered as an AW, but the only info you hear on Cal Guns is the removal of the BB once you go featureless. The BB was the only loophole from it being considered a so called AW, so once you register it, you should be able to have a standard mag release on your registered AW.
Please stop using the word loophole. It's not the loophole that we're bad and we are trying to look right, but it's the bad law that makes us look bad.
Reply With Quote
  #25  
Old 12-10-2016, 11:10 PM
Mayor McRifle's Avatar
Mayor McRifle Mayor McRifle is online now
Calguns Addict
 
Join Date: Dec 2013
Location: Central Valley
Posts: 6,622
iTrader: 14 / 100%
Default

I recommend that everyone go to the CRPA website and listen to the webinar where the legal ramifications of all this legislation were discussed.
__________________
Anchors Aweigh


Last edited by Mayor McRifle; 12-10-2016 at 11:34 PM..
Reply With Quote
  #26  
Old 12-10-2016, 11:17 PM
ifilef ifilef is offline
Banned
 
Join Date: Apr 2008
Location: North County San Diego
Posts: 5,690
iTrader: 49 / 100%
Default

If there's up to a one-year grace period to register as an AW, it is by definition not a RAW until so registered. Once a RAW, the RAW rules apply.

So one might think you can proceed without change as now because not a RAW.

It is only deemed an AW (not a RAW) for purposes of registration under the new statute.

Unless informed to the contrary, I intend to proceed the same as in 2016 with my featured with BB in 2017 until I register it as an AW.

You ask me, a lot of unnecessary FUD here. I see no one getting arrested for possession of featured with BB next year, only in 2018 after the registration window closes. Too much so-called 'thinking' going on here, only fodder for the DOJ.

Last edited by ifilef; 12-10-2016 at 11:46 PM..
Reply With Quote
  #27  
Old 12-10-2016, 11:29 PM
smittty smittty is offline
Calguns Addict
 
Join Date: Feb 2008
Posts: 5,278
iTrader: 14 / 94%
Default

Quote:
Originally Posted by phase1 View Post
So we can't transport AW to a gunsmith?
You would need to find a gunsmith that has AW License. None in my area will have it!
Reply With Quote
  #28  
Old 12-11-2016, 1:03 AM
axhoaxho's Avatar
axhoaxho axhoaxho is offline
Senior Member
 
Join Date: Jun 2009
Posts: 1,517
iTrader: 0 / 0%
Default

My guess is that even the lawmakers themselves don't have the answers.

Our 'coummunist' CA politicians created these 'half-baked' gun-laws as they wish, just to carry out the agenda of disarming American citizens.

I really doubt that they thought through the logistics, or care to.

We don't call it Commie-fornia for no reason.
Reply With Quote
  #29  
Old 12-11-2016, 1:07 AM
myk's Avatar
myk myk is offline
Calguns Addict
 
Join Date: Sep 2012
Location: Sun Diego
Posts: 5,955
iTrader: 1 / 100%
Default

Quote:
Originally Posted by ifilef View Post
If there's up to a one-year grace period to register as an AW, it is by definition not a RAW until so registered. Once a RAW, the RAW rules apply.

So one might think you can proceed without change as now because not a RAW.

It is only deemed an AW (not a RAW) for purposes of registration under the new statute.

Unless informed to the contrary, I intend to proceed the same as in 2016 with my featured with BB in 2017 until I register it as an AW.

You ask me, a lot of unnecessary FUD here. I see no one getting arrested for possession of featured with BB next year, only in 2018 after the registration window closes. Too much so-called 'thinking' going on here, only fodder for the DOJ.
I sure hope you're right. Come and visit me in the 'pen if not...
__________________


I don't always save the world, but when I do, it's in 24 hours or less...
Reply With Quote
  #30  
Old 12-11-2016, 1:21 AM
ifilef ifilef is offline
Banned
 
Join Date: Apr 2008
Location: North County San Diego
Posts: 5,690
iTrader: 49 / 100%
Default

I don't see the big deal when weighing the consequences of whether to register or not. I'd rather not face a felony arrest, jail therefor, and a criminal conviction.

I say register so that you can shoot unfettered in 2018 and the way the rifle was designed and constructed.

If featured and has a BB prior to 1/1/2017, and one wants to convert to featureless (why one would want to do so beats me), the prudent way to avoid potential criminal exposure would be to register as an AW, cancel the registration via that DOJ form, and convert to featureless.

But why go featureless now, if at all? I'd rather shoot the rifle the way that it came. Register it in 12/2017, cancel the registration thereafter.

I think that converting to featureless now to avoid the registration law does not excuse the mandate when one reads the express language of 30900(b)(1). Good luck.

Last edited by ifilef; 12-11-2016 at 1:27 AM..
Reply With Quote
  #31  
Old 12-11-2016, 1:33 AM
951temec 951temec is offline
Banned
 
Join Date: Aug 2011
Posts: 449
iTrader: 0 / 0%
Default

Quote:
Originally Posted by VBUNM View Post
Hello All,

I've gotten some great feedback and thoughts from the Calguns community on past questions, so here's another legal brain-teaser for those that may know the answer, or care to opine:

- most of us by now know about the AW-related legislation and its implications (registration vs. featureless vs. BB2/MagLock, 1/1/17 vs. 1/1/18, etc.). But, my question is: what will the legal status of our "standard" ARs and AKs (i.e., those in the current configuration) be starting on 1/1/17?

- i.e., it appears to me they will be legally considered "AWs" starting on 1/1/17, unless we convert them to featureless or install the BB2/Maglock. So if that's the case, then not only can we not sell them in that configuration starting 1/1/17, but they become subject to the "AW"-related transportation and storage restrictions, correct?

- in other words, starting 1/1/17, we legally cannot transport our "standard" M&P-15s, WASRs, NPAPs, etc. in our cars anywhere except to & from the range? If we stop at a McDonalds for a Big Mac, we're a felon? If we stop at Wal-Mart to pick up cat litter, we're a felon?
technically you're breaking the law just by having the weapon on 12:00:01 on 1/1/17....

so yeah you can be arrested for having an unregistered assault weapon

but you likely won't since the registration system isn't up yet.

but as the law is written you absolutely can be arrested for that gun.


Basically the state is so damn stupid that they passed a law that says you have to have X or you can be convicted of a felony.
And came out with a system where X won't be made available until a full year after the law came into effect.

it's the very definition of an unconstitutional law.

Last edited by 951temec; 12-11-2016 at 1:37 AM..
Reply With Quote
  #32  
Old 12-11-2016, 1:45 AM
951temec 951temec is offline
Banned
 
Join Date: Aug 2011
Posts: 449
iTrader: 0 / 0%
Default

Quote:
Originally Posted by VBUNM View Post
In other words, the 1-yr "grace period" only involves us being given the time to think about what we want to do with our AWs? There is no 1-yr grace period for how our currently-configured rifles are to be considered? As of 1/1/17, they automatically legally become AWs, unless we convert them?
no where in the bill states the words "grace period"

you own an assault weapon as of 1/1/17 as defined by the revised definition of an assault weapon taking effect on 1/1/17.


Current laws do not allow people to own assualt weapons that are not registered.


your only recourse is to argue that you cannot register it with california as the website to do so has yet to be created (and likely won't be)

that's it...no grace period, no leeway i don't know who made that up but it isn't in that law
Reply With Quote
  #33  
Old 12-11-2016, 1:53 AM
elSquid's Avatar
elSquid elSquid is offline
I need a LIFE!!
 
Join Date: Aug 2007
Location: Left coast.
Posts: 10,339
iTrader: 6 / 100%
Default

Quote:
Originally Posted by 951temec View Post
technically you're breaking the law just by having the weapon on 12:00:01 on 1/1/17....

so yeah you can be arrested for having an unregistered assault weapon
No. The bill explicitly gives a possession exemption in 30680.

https://leginfo.legislature.ca.gov/f...201520160SB880

Folks should at least read the bill before commenting on it.

-- Michael
Reply With Quote
  #34  
Old 12-11-2016, 3:04 AM
951temec 951temec is offline
Banned
 
Join Date: Aug 2011
Posts: 449
iTrader: 0 / 0%
Default

Quote:
Originally Posted by elSquid View Post
No. The bill explicitly gives a possession exemption in 30680.

https://leginfo.legislature.ca.gov/f...201520160SB880

Folks should at least read the bill before commenting on it.

-- Michael
"Section 30605 does not apply to the possession of an assault weapon by a person who has possessed the assault weapon prior to January 1, 2017, if all of the following are applicable:"

last 2 are only possible in 2018

(c) The person registers the assault weapon by January 1, 2018, in accordance with subdivision (b) of Section 30900.

and

(b) (1) Any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined in Section 30515, including those weapons with an ammunition feeding device that can be readily removed from the firearm with the use of a tool, shall register the firearm before January 1, 2018, but not before the effective date of the regulations adopted pursuant to paragraph (5), with the department pursuant to those procedures that the department may establish by regulation pursuant to paragraph (5).
(2) Registrations shall be submitted electronically via the Internet utilizing a public-facing application made available by the department.
(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date the firearm was acquired, the name and address of the individual from whom, or business from which, the firearm was acquired, as well as the registrant’s full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver’s license number or California identification card number.
(4) The department may charge a fee in an amount of up to fifteen dollars ($15) per person but not to exceed the reasonable processing costs of the department. The fee shall be paid by debit or credit card at the time that the electronic registration is submitted to the department. The fee shall be deposited in the Dealers’ Record of Sale Special Account to be used for purposes of this section.
(5) The department shall adopt regulations for the purpose of implementing this subdivision. These regulations are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.


cannot be done yet.

but you're already violated whats there previously
so you're still open to being detained for section 30605 in 2017 since 2017 =/=2018

because ALL of the following aren't true in 2017, since section C and section B of 30900 cannot be completed


-----------

so we can gather that 30605 applies to you unless you live in the future,

California Penal Code Section 30605

(a) Any person who, within this state, possesses any assault weapon, except as provided in this chapter, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. - See more at: http://codes.findlaw.com/ca/penal-co....5bzwYvjH.dpuf

Last edited by 951temec; 12-11-2016 at 3:15 AM..
Reply With Quote
  #35  
Old 12-11-2016, 3:27 AM
951temec 951temec is offline
Banned
 
Join Date: Aug 2011
Posts: 449
iTrader: 0 / 0%
Default

basically it's a yes or no question.

Fact: You have a red Ferrari

Question: Are all of the following true?

1: The car is a Ferrari

2: You own it

3: The car is Black

-------

what you're saying is the answer to that question is yes because 2/3 is "good enough" because you can eventually paint the car black. You can intend to paint the car black all you want...but you cannot answer yes to that question while the car is red.

Last edited by 951temec; 12-11-2016 at 3:29 AM..
Reply With Quote
  #36  
Old 12-11-2016, 3:59 AM
elSquid's Avatar
elSquid elSquid is offline
I need a LIFE!!
 
Join Date: Aug 2007
Location: Left coast.
Posts: 10,339
iTrader: 6 / 100%
Default

Quote:
Originally Posted by 951temec View Post
basically it's a yes or no question.

Fact: You have a red Ferrari

Question: Are all of the following true?

1: The car is a Ferrari

2: You own it

3: The car is Black.
So you didn't actually read the law before you posted, you can't own up to it and admit that you were wrong, so you'll toss up a bunch of stuff to attempt to hide that fact?

Legitimate differences in interpretation are one thing, this is something else entirely.

-- Michael
Reply With Quote
  #37  
Old 12-11-2016, 5:36 AM
Mayor McRifle's Avatar
Mayor McRifle Mayor McRifle is online now
Calguns Addict
 
Join Date: Dec 2013
Location: Central Valley
Posts: 6,622
iTrader: 14 / 100%
Default

Quote:
Originally Posted by ifilef View Post
I think that converting to featureless now to avoid the registration law does not excuse the mandate when one reads the express language of 30900(b)(1). Good luck.
Quote:
Originally Posted by 951temec View Post
technically you're breaking the law just by having the weapon on 12:00:01 on 1/1/17....

so yeah you can be arrested for having an unregistered assault weapon

but you likely won't since the registration system isn't up yet.

but as the law is written you absolutely can be arrested for that gun.
I strongly urge anyone reading ^all this FUD^ to go to the CRPA website and listen to the webinar on all of this. Find out what this legislation does and does not require and/or prohibit, and what options you have, from people whose business it is to know.

http://crpa.org/webinars/

Start with "AB 1135 & SB 880: Assault Weapons and AB 857: Ghost Guns." I trust that you'll find it more enlightening and convincing than what all these FUD Merchants are peddling here.
__________________
Anchors Aweigh

Reply With Quote
  #38  
Old 12-11-2016, 6:02 AM
phase1's Avatar
phase1 phase1 is offline
Senior Member
 
Join Date: Aug 2013
Location: Inland Empire
Posts: 1,727
iTrader: 8 / 100%
Default

Simple question, Would it be illegal to take my bb'd Ar15 to the range next year? Or do I have to wait until the registration site is up and running and the firearm is fully a RAW?
__________________
Quote:
Originally Posted by Intimid8tor View Post
I don't need one but I might need one.
Reply With Quote
  #39  
Old 12-11-2016, 6:27 AM
Sigbird Sigbird is offline
Senior Member
 
Join Date: Dec 2013
Location: Orange County
Posts: 1,244
iTrader: 73 / 100%
Default

Quote:
Originally Posted by phase1 View Post
Simple question, Would it be illegal to take my bb'd Ar15 to the range next year? Or do I have to wait until the registration site is up and running and the firearm is fully a RAW?
Your simple question that has been asked 50 times will continue to get 3 different answers. I plan on going to the range until I decide what to do. I will just try and not break as many laws as I normally break while driving to the range. Most logical answer is be careful and do at your own risk.
Reply With Quote
  #40  
Old 12-11-2016, 6:46 AM
Mayor McRifle's Avatar
Mayor McRifle Mayor McRifle is online now
Calguns Addict
 
Join Date: Dec 2013
Location: Central Valley
Posts: 6,622
iTrader: 14 / 100%
Default

The law allows you until December 31, 2017 to register your featured rifle as an "assault weapon." Because the law grants you all of 2017 to register and remain legal, to prevent the legal use of your rifle prior to that time would be an unlawful "taking." But assault weapon transport laws will apply, because in 2017 your bullet buttoned, featured rifle will statutorily become an assault weapon whether registered or not. The transfer and importation ban will be enforced on 1/1/17. The possession ban of a nonregistered featured rifle legally possessed prior to 1/1/17 will be enforced on 1/1/18.
__________________
Anchors Aweigh


Last edited by Mayor McRifle; 12-11-2016 at 6:56 AM..
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 6:13 AM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2018, Calguns.net an Incorporated Company All Rights Reserved.
Calguns.net and The Calguns Foundation have no affiliation and are in no way related to each other.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.