M1A legal questions..


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Bullitt196
February 20, 2011, 12:07 AM
All,

Looking for some help here as I just moved back and I'm a little rusty on the laws (note: this is for california). I'm close to getting an M1A from out of state, this is a two part question.

1) The seller has the SEI Socom flash hider and a cali break. Is it legal only with the brake, or could it be legal with the flash hider?


2) If the rifle barrel threaded does that leave me with any issues? Do I have to get it pinned once it gets here, does it need to be pinned before... or can it remain threaded with one of the above?


Thanks in advance!

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NavyLCDR
February 20, 2011, 12:41 AM
What state are you in?

Bullitt196
February 20, 2011, 02:11 AM
Totally forgot to put California sorry about that

Zoogster
February 20, 2011, 02:24 AM
In California flash hiders are a bad feature.
Muzzle breaks are not.


There is people that make the exact same item as one, and others that make the same item as the other.
Under the law which one it is is defined by the manufacturer.

If it is a "flash hider" it is a bad feature, you shouldn't have it on a centerfire firearm with a detachable magazine.
If it was a muzzle break, even if it was the exact same item, it would be legal.

Sometimes they are clearly different items, and sometimes they are not.
In this case it clearly sounds like the item in question was manufactured by the manufacturer as a "flash hider" and therefore should not be attached to the weapon or it is an illegal "assault weapon".

Zoogster
February 20, 2011, 02:45 AM
For example of what I was saying, here is a post I made a couple years ago:

http://www.thehighroad.org/showpost.php?p=5487897&postcount=13

Mini-14 accessory:

Felony:
http://www.johnmasen.com/Merchant2/graphics/00000001/1438nbfull.gif


Non-Felony:

http://www.gunaccessories.com/mini1430/blued.jpg



What is the difference?
No it's not that tiny bit of metal on the bottom of one, it's the name used by the manufacturer.
One manufacturer calls theirs a flash hider, and so under California law it is a flash hider.
The other calls it a muzzle break, so under California law it is a muzzle break.
Since the definition is determined by the manufacturer one is one thing and the other is the other thing, by law.

Since the item you ask about is a "flash hider", then it is a flash hider, creating a felony assault weapon subjecting you to 10 years imprisonment when attached to a semi auto centerfire rifle with a detachable magazine and possessed within the borders of California.

Bullitt196
February 20, 2011, 04:19 AM
Thanks for the info, and from another source it looks like the threaded barrel is perfectly fine (only an issues on pistols here).

Jeff F
February 20, 2011, 11:48 AM
Zoogster I understand the flash hider, muzzle break issues but that bottom picture also has a bayonet lug on it. I was under the impression that was an evil feature in California. Would that put you back into a felony assault weapon category.

Al Thompson
February 20, 2011, 12:19 PM
"Brake" not "break"........ :)

Jeff F
February 20, 2011, 12:41 PM
Sorry Al, my bad.

NavyLCDR
February 20, 2011, 12:48 PM
http://ag.ca.gov/firearms/dwcl/12275.php

12276.1. (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
(1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:

(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.

(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.

(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.

Jeff F
February 20, 2011, 01:06 PM
Thanks LT, I see no mention of bayonet lug in that link. Looks like one of my Mini's would be good to go across the border as long as I don't take any mags over 10 round capacity.

jerkface11
February 20, 2011, 01:19 PM
How do you guys put up with that crap?

ejnogarb
February 20, 2011, 03:24 PM
How do you guys put up with that crap?

There's nothing to do about it, since we're the minority. My work and family is here, so this is where I have to stay. There are lots of interesting ways to get around our poorly written laws, like using bullet buttons, 10/30 magazines, and so forth. Take a look at these California-legal ARs:

http://www.calguns.net/calgunforum/showthread.php?t=26726&highlight=10%2F30

Many of them look like regular ARs, but it took a few more hoop-jumps to get there. :neener:

Al Thompson
February 20, 2011, 09:55 PM
Jeff, no issues. :) I have to correct myself on the "sites v. sights" thing all the time. :D

Zoogster
February 20, 2011, 10:08 PM
He probably did it because I had previously set the bad example and repetitively said break in my post.

It was on accident, sometimes I do that, the longer the day the more often.

Sometimes it is even intentional. I can put there or their instead of they're because going for the apostrophe is annoying and decrease the speed of my train of thought. :neener:

I apologize for being a bad example. You should see what they type in text messages these days though. :neener: If it can even possibly be sounded out it's acceptable.
It is like entire conversations using custom license plates.

Sunray
February 20, 2011, 10:50 PM
I believe SA Inc has models that are CA legal. No bayonet lugs on any of 'em any more. Without looking, I suspect the silly SOCOMs may not be due to the barrel length though. 16.25".

LemmyCaution
February 22, 2011, 06:30 PM
The M1a SOCOM16, SOCOMII and Scout/Squad all have muzzle brakes from the factory, and should be CA legal with 10rd magazines.

None of the three have bayonet lugs, as the BL interferes with the gas plug on short barreled M1a models.

Other M1a models need to have the GI flash hider removed and a CA legal muzzle brake installed. Springfield sells these models to CA with this modification done at the factory.

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