CA AWB lawsuit?

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gunsmith

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I seem to remember that CRPA has a lawsuit in a Fresno Court to
overturn the CA AWB,does anyone have any idea how that is going?
Also isn't it only a misdeameanor ticket to have a so called assault weapon here in CA,if so I think I might buy a 500$ AK clone anyhow,I'd rather have a 2000$
DSA but wouldn't want it to get confiscated.
 
Hmmm, I don't know if a misdeameanoer ticket would be worth it to me. Plus you might want to check and see if it is a mere "ticket" and if you would have to do jail time and or if it is a wobler that might be able to be ugraded to a felony. Plus you need to consider how much the ticket is. Plus, you better not want to work in a profession that frowns upon willful disregard for the law ever again. All in all, your attitude towards this is concerning, but hey, you are an adult and can chose your own path.

And I am fairly certain that lawsuit lost.
 
No, it's a felony as far as I understand to import or manufacter and AW. The only exception is proof of possession of an uregistered AW before it was classified as an AW. I think it goes for Roberti Roos as well as SB23.
 
I emailed the Fresno County DAs office asking about this. However, there's a different DA in office, so I'm not holding my breath.
 
lets say

some one bought an AK clone by private transaction in 1985 (that was legal at that time) and did not follow all the gazillion new laws that were made since then,how would the State prove he did not posess it before the law changed?

No, it's a felony as far as I understand to import or manufacter and AW. The only exception is proof of possession of an uregistered AW before it was classified as an AW. I think it goes for Roberti Roos as well as SB23.
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FROM THE CRPA WEBSITE
Hunt
v.
Lockyer This case challenges the 1999 amendments to the state's "assault weapon" law that bans firearms based on their cosmetic features. This unprecedented prosecutor vs. prosecutor suit pits Fresno District Attorney Ed Hunt, Mendocino District Attorney Norm Vroman, and the Law Enforcement Alliance of America against Attorney General Bill Lockyer and the California Department of Justice.
 
No, it's a felony as far as I understand to import or manufacter and AW. The only exception is proof of possession of an uregistered AW before it was classified as an AW. I think it goes for Roberti Roos as well as SB23.
Click to expand...

Couldn't you say you failed to register it because of the fifth amendment.
 
some one bought an AK clone by private transaction in 1985 (that was legal at that time) and did not follow all the gazillion new laws that were made since then,how would the State prove he did not posess it before the law changed?
Click to expand...

With an attitude like this, spend the money you'd pay in fines wisely.

Move somewhere else, like Arizona, Texas or Oregon or WA State--those are the places that are close.

Even better--try Nevada.

It seems that Californians will NOT change the way things are. So, if you can't stand it, get out of state.

Don't screw up your life with something that is not even a crime. Just leave.
 
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No, it's a felony as far as I understand to import or manufacter and AW. The only exception is proof of possession of an uregistered AW before it was classified as an AW. I think it goes for Roberti Roos as well as SB23.
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Couldn't you say you failed to register it because of the fifth amendment.
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Nope, the DOJ is pretty clear, if you didn't register it before the ban, then you must get rid of it. From The FAQ:

15. I want to keep my assault weapon defined by characteristics (PC section 12276.1, SB 23). What am I required to do?
If you are still in possession of an unregistered assault weapon, you may not keep it. Your only option is to relinquish it to a law enforcement agency.


16. I do not want to keep my assault weapon. What do I do?
If you have an unregistered assault weapon, you must relinquish it to law enforcement. If you have a registered assault weapon that you no longer want to keep, you have four options:

Sell the weapon to a licensed gun dealer who has an assault weapons permit; or
Make arrangements with your local police or sheriff's office to relinquish your assault weapon. CALL FIRST. DO NOT GO TO THE POLICE OR SHERIFF'S OFFICE WITHOUT FIRST MAKING ARRANGEMENTS; or
Permanently remove the weapon from this state; or
Destroy the weapon.


17. If I did not register my assault weapon by the registration deadline, is there any way I can legally keep it?
No. If you did not register your assault weapon prior to the registration deadline, you must relinquish that assault weapon to a law enforcement agency. Failure to relinquish your unregistered assault weapon could result in arrest and a felony conviction. The only exception applies to persons who have been arrested for possession of an unregistered assault weapon. Such a person may be eligible, through December 31, 2001, to have the charge reduced to an infraction if he or she meets the specific conditions described in Penal Code section 12280(c). One of these conditions requires that the person register the assault weapon with the DOJ. The DOJ is accepting registration forms from these persons if they provide the DOJ with documentation substantiating their arrest. However, this option is only available for assault weapons as defined by characteristics that are not Roberti-Roos assault weapons or AK or AR-15 series weapons.
 
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