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2/10/2005 9:24:38 AM EDT
I have a Post Ban AR-15 that I registered under the California AW ban in 1999/2000.  Now that the Federal Ban has been lifted, can I add a collapsable stock, flash hider, bayonet lug, forward pistol grip, etc. to my "Post Ban" AR??

Since I have my AR registered in CA, does the CA AW law distinguish between a Pre Ban (1994 Federal law) and a Post Ban AR as long as it is registered?

Any help and/or insight would be appreciated.

Thanks.

Tim
2/10/2005 10:52:13 AM EDT
[#1]
i was at the cali arf.com shoot this weekend and a few of the guys told me that you could add the evil features since the sunset. just a little encouragemnet until you can get a more "official" reply or reference.
2/10/2005 11:52:20 AM EDT
[#2]
Yes. The Kaliban consider one evil feature as an AW (Fed AWB needed two), so Kali already considers your AR as an AW, and you have registered it as such. Now that the Fed AWB has died, there are no further AWB restrictions. Add on all the evil parts you want.

Also, The Kaliban don't consider a bayonet lug, or forward grip, as evil features.
2/10/2005 3:23:28 PM EDT
[#3]
I called the Cal DOJ Firearms section with the following questions.   Here is a representative of the answers I got.   It was hilarious how much they don't know or understand within their own bureau.

Me:
I have a registered AR-15, registered as an "assault weapon", can I now add a collapsible stock, bayo lug, and flashhider.

DOJ Person:
No, that would make it an assault weapon.

Me:
Its already an assault weapon, and registered to boot, so what's the problem.

DOJ Person:
Hold on, iI'm going to let you speak to a supervisor.......

DOJ Supervisor:
Sir, you cannot add those items without violating the law on assault weapons.

Me:
So if I added the bayo lug, flash hider and collapsible stock, it would make it an assault weapon ?

DOJ Supervisor:
Yes.

Me:
(beginning a serious belly laugh by now)  What if it is already registered as an assault weapon, how could it be anymore of an assault weapon?

DOJ Supervisor:
Those are the items that make it an assault weapon.

Me:
So if I don't add those things, my AR-15 is not an assault weapon?

DOJ Supervisor:
Well.........Yes......no............which model do you have ?

Me:
It doesn't matter anymore what the model is, Senate Bill 23 defines any semi-automatic, centerfile rifle etc etc.   So, back to my original question, I can add the "evil" features because it is still an assault weapon, right?

DOJ Supervisor:
let me get your name and number I will have to speak to legal about this.


For the purposes of saving space on this thread, the Attorney General of California said yes, you can add these things to your already registered assault weapon without penalty.      
2/10/2005 4:22:23 PM EDT
[#4]

Quoted:
I have a Post Ban AR-15 that I registered under the California AW ban in 1999/2000.  

Since I have my AR registered in CA,
Tim



I didnt even know you could have a AW in Kali????
2/10/2005 4:40:22 PM EDT
[#5]
You would be surprised how many are in the state, probably more then most.
2/10/2005 5:27:28 PM EDT
[#6]
Don't know Kali law, but my take on it would be this.  If Kali enacted an AWB, even if the fed one expired, Kali can still enforce theirs.  That is what we have to deal with here in Connecticut.  I still can't put a collapsable stock or bayo lug on my AR.
2/10/2005 8:14:29 PM EDT
[#7]
As long as we got  them IBTL, (in before the lock) we are okay.   After that no more AR's AK's etc etc.   As an LEO we can still get them, with department letterhead saying we will use them for enforcement, but that's all.  
2/10/2005 8:20:04 PM EDT
[#8]
We were still allowed to purchase "Post Ban" AR-15's after the 1994 Federal ban.  These could not have the collapsable stock, bayonet lug, flash hider, forward pistol grip, etc.  The last day to buy these "Post Ban" AR-15's in Califonria was December 31, 1999.  You then had to register them as an Assault Weapon by April 2000.  If you did register your AR-15 by this date, you can still have it in CA as of now.  If you did not register your AR by April 2000, and you still have it in your possession, it is a felony.  

When I take my AR's out shooting now, I always bring my registration paperwork just to be safe.  I have had a BLM Ranger stop us and check.

Now that the Federal Ban has lifted, it sounds like California does NOT distinguish between AR's made prior to the September 1994 Ban and after the Ban.  Therefore, I will be buying a collapsable stock, flash hider, etc. for my AR.

Thanks everyone for your help and info!

Tim
2/11/2005 3:00:42 PM EDT
[#9]
How does the FAB-10 lower play into all this? I thought you could still purchase ARs but they had to be the funky lowers.
2/11/2005 3:06:39 PM EDT
[#10]
So if you have one registerd in Kali can you sell or transfer it to another in Kali? How about willing it after you die?
2/11/2005 3:57:25 PM EDT
[#11]
How does the FAB-10 lower play into all this? I thought you could still purchase ARs but they had to be the funky lowers.
_______________________________________________________________________________


The FAB-10 is allowed because it will not accept a detachable magazine and loads via partial disassembly of the upper/lower receiver and a stripper clip.
_______________________________________________________________________________
So if you have one registerd in Kali can you sell or transfer it to another in Kali? How about willing it after you die?
_______________________________________________________________________________


No transfers allowed between civilians, only LEO's or you can donate to a LE agency.  Once you own it/register it prior to year 2000, its yours forever, until you die.      

One other exception, on the regsistration form you can list other people, like say, your 10 year old son.   If you die, it becomes his and is registered to him.

Sucks to be in California.   FWIW
2/11/2005 6:04:30 PM EDT
[#12]
Getting accurate info from Cal DOJ can be difficult.  They came out with a bulletin in late 1999 that clearly stated it was legal to buy and register AWs until a certain date because of a court challenge.  They argued with me like hell, even though I was quoting from their bulletin.  The only reason I was calling them was because FFLs were so confused, they refused to sell the AWs for fear of prosecution.

The folks at DOJ are really good people, just a bit confused at times.
2/12/2005 6:31:30 AM EDT
[#13]
Shumba, you were lucky with your encounter with the BLM Rangers. Before I retired I attended a California POST-DOJ seminar on the AW Laws. The way the law is written you can not fire a AW on any property without written permission of the property owner.  Most BLM, State Park and National Forrest Rangers confiscate the weapons if your found shooting on their land with and AW with misdeamenor charges to follow.


I retired to Arizona.
2/12/2005 8:57:59 AM EDT
[#14]
"Wow" I was born in California, and still have family out there. My deapest feelings go out to all of you poor gun loving souls living in the land of nuts & fruits. I hope some day things will change for more freedom there. Untill then may you find your way out of that crazy foreign place.  
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