Joe...
Joe4702 wrote:
...some folks have mentioned taking the barrel off and storing it seperately. In that case, when the threatening letters from the DOJ start arriving, what do you do - tell them you have removed the barrel and invite the to come by and see? I'm serious - how would this solve the problem?
(I'm not a lawyer but have delved into this pretty good...)
As you perhaps know, the P22 w/threaded bbl is a "by feature" AW (via SB23) and not banned by specific make/model (Roberti-Roos law): remove the evil feature(s) and it's no longer an AW.
Some vendor (Fed. Ordnance??) may make replacement P22 barrels without threading. So you might be able to get one of those.
This is actually referred to, albeit slightly indirectly, in Cal DOJ's Assault Weapon FAQ at:
http://ag.ca.gov/firearms/regagunfaqs.htm
This question was posed before the last registration date (12/31/00) passed, but some concepts still relevant. In particular, this page says:
13. If I registered my SB23 assault weapon and now I remove the characteristic(s) that make it an assault weapon, can I cancel the registration?
Yes. If the defining characteristics establishing a firearm as an SB23 assault weapon are removed, it's no longer an assault weapon and the registration may be cancelled. 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.
THIS APPLIES ONLY TO FIREARMS DEFINED AS ASSAULT WEAPONS BY CHARACTERISTICS (Penal Code section 12276.1, "SB 23"). THIS DOES NOT APPLY TO ORIGINAL ROBERTI-ROOS ASSAULT WEAPONS OR AK and AR-15 SERIES WEAPONS IN THAT REMOVAL OF THEIR CHARACTERISTICS DOES NOT NEGATE THE REQUIREMENT TO REGISTER THE ASSAULT WEAPON.
And right now, FAL clone rifles (with mag wells allowing detachable mags) are being sold in CA without pistol grips (an 'evil feature' for a FAL, equivalent to a threaded bbl on a P22). These folks can't put on a pistol grip within CA, and I myself would not travel in CA with the pistol grip locked in the same case as the gripless FAL, but have it locked separately.
Additionally, in reference to disassembly & shipment of assault weapons, I asked Tim Riegert, Asst Dir of Calif. DOJ Firearms Div (during a recent NRA Members' Council meeting in San Jose also hosting DOJ's Randy Rossi) if registered 'by feature' AWs - such as FAL clones - could be shipped in & out of CA dismantled even if reg'd as AWs, without using an intervening CA FFL also holding a CA Assault Weapons dealer permit. His answer was, in essence: when the requisite evil features were gone, it was merely any other ordinary rifle, and could be treated as such: the AW registration just allowed the evil features to be reassembled upon it at a later time.
However, bureaucracies do strange things, and remember that 99+% of prosecutions are with local DAs who may not be as loose as Cal DOJ.
So I'd get a new separate unthreaded, replacement barrel, mount that in your P22, and retain the original, evil unthreaded barrel & wrench for out of state use.
[I would NOT just separate the barrel from the gun and store separately, but would get a new, CA-legal barrel. Otherwise, that's just pushing things a bit too close to line, with already enhanced publicity, etc.]
And I'd send a reply letter to them (certified) before the 'closure date' of the 45 days, just in case:
If you no longer own or possess this handgun please complete the "Notice of No Longer in Possession" form on the reverse of this letter and return to the address indicated on this letter
Dear <xxxx>:
This is in response to your recent letter concerning my Walther P22 pistol. Your letter states, in essence, that I must return my Walther P22 pistol to the Smith & Wesson factory to modify/replace the threaded barrel with one complying with California law, so as not to be considered an 'assault weapon' under CPC 12276.1 - or I must move/transfer it out of state.
Despite the wording of your letter, "IF YOU FAIL TO RETURN YOUR P22 PISTOL AS OUTLINED ABOVE, YOU WILL BE SUBJECT TO CALIFORNIA ENFORCEMENT ACTIONS", I note that California DOJ has no legal mandate to specify which, if any, vendor or service facility modifies my firearm. Nor can it mandate which brand of replacement barrel I choose. DOJ may of course only insist that I replace my P22's original barrel with a legal, PC 12276.1- compliant barrel.
Since receipt of your letter, I have instead replaced my threaded barrel with a new nonthreaded barrel from another vendor, the XYZ Barrel Co. As my P22 is now equipped with this new barrel, it is no longer an assault weapon in California.
I have elected to retain my original threaded P22 barrel and wrench for use outside the state of California or if I decide to sell my P22 outside California (through a licensed dealer, of course). As you know, there is no California law banning separate possession of these parts independent of the firearm: for example, 'FAL clone' semiauto rifles accepting detachable magazines have been routinely sold in CA by Entreprise Arms (Irwindale, CA), thru local dealers, without pistol grips. Owners must of course not mount pistol grip to such a rifle while in California so as to be 12276.1 compliant.
Of course, the original Walther/S&W part(s) I retain will not be assembled back on to my CA-legal P22 while I am within CA state lines, nor will they be transported within CA in the same locked case as the P22.
I trust this has been responsive to your letter. If you have any questions, concerns or further guidance, please contact me at (999) 999-9999, or write to me at the above address.
Sincerely,
Joe B. Legal
I believe that should calm things down a bit providing you can find another barrel vendor.
Bill Wiese
San Jose, CA
