Assault weapon transport into California?
gbran
February 24, 2006, 09:35 PM
My dad has what I suspect meets the Kali definition of an assault weapon. It's a new Kel-Tec PLR16 pistol that has the generic attributes from the DOJ definitions. I suspect he can properly sto it in a locked box and transport it thru Kali. What I want to know is whether or not he can bring it to my place on his next trip so I can fondle it, maybe even shoot it. The CA DOJ firearms page does not address this specifically.
Anybody know the answer to this?
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gbran
February 24, 2006, 09:36 PM
http://www.kel-tec.com/images/plr_forend_sling_scope_wt.jpg
Car Knocker
February 24, 2006, 10:47 PM
That looks like it would rate the death penalty in CA.
Sir Aardvark
February 24, 2006, 10:53 PM
Good luck!
The Powers-That-Be would confiscate that as "Contraband" and you'd never see it again.
Worst case scenario would be that they would do the above AND throw your butt in jail.
PinnedAndRecessed
February 24, 2006, 11:14 PM
From here:
http://ag.ca.gov/firearms/travel.htm
California Penal Code section 12285(c)(7) requires that registered assault weapons may be transported only between specified locations and must be unloaded and in a locked container when transported.
Note the word "registered." The only "assault" rifles allowed in Kalifornia are the ones that were properly registered when the ban went into effect. No more can be brought in. If you or yours get caught, it's a serious offense.
There might be exceptions for the military. I don't remember. I haven't lived there for about four months now.
Also, from here:
http://ag.ca.gov/firearms/regs/sb23indx.htm
Effective January 1, 2000, SB 23 generally prohibits, the manufacture, import, sale, giving or lending of large capacity magazines (defined as any ammunition feeding device with the capacity to accept more than 10 rounds, but does not include .22 caliber tube ammunition feeding devices).
Enforcement relative to the illegal possession of SB 23 assault weapons went into effect January 1, 2001, following the one-year registration period.
Persons who lawfully possessed assault weapons as defined by SB 23 prior to January 1, 2000 were required to either 1) register them with the Department of Justice between January 1, 2000 and December 31, 2000, 2) render them permanently inoperable, 3) remove them from California, 4) relinquish them to a police or sheriff's department, or 5) prior to December 31, 2000, sell them to a California licensed firearms dealer who possesses a valid assault weapon dealer permit. The Firearms Division has made available a list of the SB 23 characteristics that define assault weapons. You may also visit the California Legislature web site at www.leginfo.ca.gov/bilinfo.html for a full text version of SB 23, or telephone the Legislative Bill Room at (916) 445-2323 to request a copy of the bill. After reviewing the law, if you are still uncertain as to whether your firearm is an assault weapon under Penal Code section 12276.1 (SB 23), you should seek advice from either a firearms expert or an attorney.
Soybomb
February 24, 2006, 11:24 PM
Well he has federal protection to drive it through california at least.
http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000926---A000-.html
As far as I know thats an assault weapon in CA because the mag is outside the handle.
gbran
February 24, 2006, 11:25 PM
Is a visit considered an import? Transporting thru is not. Also, if my dad moved here, he could not bring it with him. But, this is a visit, not an import.
MNgoldenbear
February 24, 2006, 11:39 PM
Is a visit considered an import? Transporting thru is not. Also, if my dad moved here, he could not bring it with him. But, this is a visit, not an import.
Think you still have a problem there. The prohibition in the earlier post noted "possession", not ownership or resident status. Sorry. I miss CA, but not that part of it. :(
roscoe
February 25, 2006, 12:55 AM
Don't do it!
EOD Guy
February 25, 2006, 09:42 AM
The only way an "assault weapon" can be temporarily brought into California for use, without an assault weapons permit, is for participation in a sanctioned marksmanship competition. I believe that you must possess proof of participation or entry into the match and the sanctioning body must be a recognized marksmanship organization such as the NRA, CMP, or CRPA. Magazines over 10 rounds capacity cannot be imported, even for the match.
FOPA would cover travel through California as long as the firearm was kept in a locked case. I don't believe that FOPA covers magazines, so anything over 10 rounds cannot be legally transported through the state.
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