LiveLife
Member
With new California laws going into effect starting 1/1/17, there seems to be some confusion as to how to best comply with them and I thought this consolidation thread would help California THR members stay on the right side of the laws.
Large Capacity Magazine - Senate Bill 1446 goes into effect on 7/1/17 which bans "large-capacity" magazines that can hold more than 10 rounds and owners can:
- Remove the large-capacity magazine from the state
- Sell the large-capacity magazine to a licensed firearms dealer
- Destroy the large-capacity magazine
- Surrender the large-capacity magazine to a law enforcement agency for destruction
Owners can also sell or give large capacity magazine to current/honorably retired sworn peace officers, law enforcement agencies, gunsmiths, historical society/museums, armored vehicle companies - https://www.thehighroad.org/index.p...ith-new-california-laws.815370/#post-10443221
On 12/16/16, California DOJ proposed "Emergency" regulations to provide one more option - https://www.nraila.org/articles/201...e-than-10-rounds-but-none-for-assault-weapons
According to the proposal, owners could permanently modify magazines to hold 10 rounds or less - http://www.guns.com/2016/12/19/california-doj-proposes-emergency-regs-on-magazines/
The manufacturing, importation into the state, offering for sale, keeping for sale, exposing for sale, giving, and lending of a large capacity magazine is controlled. No person may participate in these activities without a permit issued by the Department of Justice. For exceptions, see Penal Code §§12020(b)(19)-(32).
Featureless firearm - Making a firearm "featureless" means to not have the "features" that make a firearm "assault weapon" under California law. If the magazine fed firearm does not have qualifying "features" listed under 12276.1 (a), it is not an assault weapon but a California legal firearm.
Currently, use of "bullet button" makes firearms with qualifying features as firearms with fixed magazine but starting 1/1/2017, they will become assault weapons and owners have until 12/31/2017 to make firearms featureless or register them as assault weapons.
For ARs, removing pistol grip/flash suppressor and keeping the length longer than 30 inches will make the firearm "featureless" and there are stocks on the market that do not meet the definition of "pistol grip".
Here are CA DOJ definitions:
Flash suppressor - Any device designed, intended, or that functions to perceptibly reduce or redirect muzzle flash from the shooter’s field of vision.
Pistol Grip, conspicuously protruding - A grip that allows for a pistol style grasp in which the web of the trigger hand (between the thumb and index finger) can be placed below the top of the exposed portion of the trigger while firing.
Category 1-3 assault weapon definitions and listing - https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/awguide.pdf?
From FAQ page - https://oag.ca.gov/firearms/regagunfaqs#14
"14. If the characteristics that make my firearm a category 3 assault weapon are removed, can I cancel the registration? Can I sell it as regular (non-assault weapon) firearm?
Yes. If the defining characteristics establishing a firearm as a category 3 assault weapon are removed, it is no longer an assault weapon and the registration may be canceled. However, once the registration is canceled, you can never replace the characteristic(s) that make it an assault weapon, or you will be in possession of an illegal weapon. To cancel an assault weapon registration, contact DOJ at (916) 227-2153. Once the registration has been canceled, the firearm can be sold or transferred like any other firearm (non-assault weapon)."
Category 3 assault weapon definition - https://oag.ca.gov/firearms/regs/genchar2
12276.1 (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
Large Capacity Magazine - Senate Bill 1446 goes into effect on 7/1/17 which bans "large-capacity" magazines that can hold more than 10 rounds and owners can:
- Remove the large-capacity magazine from the state
- Sell the large-capacity magazine to a licensed firearms dealer
- Destroy the large-capacity magazine
- Surrender the large-capacity magazine to a law enforcement agency for destruction
Owners can also sell or give large capacity magazine to current/honorably retired sworn peace officers, law enforcement agencies, gunsmiths, historical society/museums, armored vehicle companies - https://www.thehighroad.org/index.p...ith-new-california-laws.815370/#post-10443221
On 12/16/16, California DOJ proposed "Emergency" regulations to provide one more option - https://www.nraila.org/articles/201...e-than-10-rounds-but-none-for-assault-weapons
According to the proposal, owners could permanently modify magazines to hold 10 rounds or less - http://www.guns.com/2016/12/19/california-doj-proposes-emergency-regs-on-magazines/
- For box magazines, use of block and rivet/epoxy/weld and make floor plate non-removable
- Drum magazines would be loaded with epoxied dummy rounds and sealed permanently
- Tubular magazines (excluding lever action/.22 caliber) be plugged with dummy rounds riveted in place
- Shotguns to base capacity on 2.75" shells but Kel Tec KSG and SRM Arms Model 1216 are exempted
The manufacturing, importation into the state, offering for sale, keeping for sale, exposing for sale, giving, and lending of a large capacity magazine is controlled. No person may participate in these activities without a permit issued by the Department of Justice. For exceptions, see Penal Code §§12020(b)(19)-(32).
Featureless firearm - Making a firearm "featureless" means to not have the "features" that make a firearm "assault weapon" under California law. If the magazine fed firearm does not have qualifying "features" listed under 12276.1 (a), it is not an assault weapon but a California legal firearm.
Currently, use of "bullet button" makes firearms with qualifying features as firearms with fixed magazine but starting 1/1/2017, they will become assault weapons and owners have until 12/31/2017 to make firearms featureless or register them as assault weapons.
For ARs, removing pistol grip/flash suppressor and keeping the length longer than 30 inches will make the firearm "featureless" and there are stocks on the market that do not meet the definition of "pistol grip".
Here are CA DOJ definitions:
Flash suppressor - Any device designed, intended, or that functions to perceptibly reduce or redirect muzzle flash from the shooter’s field of vision.
Pistol Grip, conspicuously protruding - A grip that allows for a pistol style grasp in which the web of the trigger hand (between the thumb and index finger) can be placed below the top of the exposed portion of the trigger while firing.
Category 1-3 assault weapon definitions and listing - https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/awguide.pdf?
From FAQ page - https://oag.ca.gov/firearms/regagunfaqs#14
"14. If the characteristics that make my firearm a category 3 assault weapon are removed, can I cancel the registration? Can I sell it as regular (non-assault weapon) firearm?
Yes. If the defining characteristics establishing a firearm as a category 3 assault weapon are removed, it is no longer an assault weapon and the registration may be canceled. However, once the registration is canceled, you can never replace the characteristic(s) that make it an assault weapon, or you will be in possession of an illegal weapon. To cancel an assault weapon registration, contact DOJ at (916) 227-2153. Once the registration has been canceled, the firearm can be sold or transferred like any other firearm (non-assault weapon)."
Category 3 assault weapon definition - https://oag.ca.gov/firearms/regs/genchar2
12276.1 (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
- A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
- A pistol grip that protrudes conspicuously beneath the action of the weapon.
- A thumbhole stock.
- A folding or telescoping stock.
- A grenade launcher or flare launcher.
- A flash suppressor.
- A forward pistol grip.
- A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
- A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
- A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
- A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
- A second handgrip.
- A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
- The capacity to accept a detachable magazine at some location outside of the pistol grip.
- A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
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