California Legal AR15 Put to the Test Yesterday

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Sixtigers

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Ridgecrest, California
I'm a gun guy, have been for a while. Never really been into EBRs, but lately have felt the itch--in no small part because of fears of post-election surprises. So, for the last couple of months, I've been putting together a "California" AR-15 lookalike, comprised of an off-list lower, 10-rnd magazine, tool-required magazine release, etc. Basically, the gun is similar to an AR-15, but is no longer considered an assault rifle because the magazine is not easily removed. Semantics? That could be argued...but I thought I'd go ahead and build one anyway.

I'm a military contractor, and my job requires me to have a security clearance. No clearance, no job...and times are hard. So while I wanted to build the rifle, I did not want to have any issues with BLM or LE when shooting--I am playing the game by the letter of the law, but I really don't have the money to prove that in a court of law.

Other members in my work center saw what I was doing, and many are prior military. Five of us decided to build together. Mike finished his first, and went to go test it on BLM land Saturday. He broke the rifle into two pieces, upper and lower, and walked it out to the trunk of his car this way (he didn't have a case for the rifle).

At the same time, a passing sheriff's deputy saw Mike with the weapon, turned around, and parked his car behind Mike. He was an older man, and Mike's about 26 or so. Mike says the sheriff was actually pretty cool, and asked him to step away from the trunk politely, saying something along the lines of "Sir, no offense--but I don't think that you're allowed to have that rifle in this state."

Mike explained to the officer as the officer looked at the rifle about the magazine no longer being able to eject, which the officer tried. The officer asked him how was the rifle supposed to be loaded, and Mike explained about breaking the weapon in two, and loading rounds into the mag. The deputy asked for and received Mike's ID, and ran the ID and the serial number of the weapon through his car's computer. We bought our stuff legally via a sympathetic (and brave) FFL in town--most of the local FFLs will not touch any AR-15-esque weapons. Everything came back good, and the officer told Mike he had a nice weapon, to be careful with it, let him know that a locking storage case is required by law and to get one soon, then drove away.

For myself, it was a vindication that we were still on the path of law. Maybe another officer would have reacted differently, but it was still good to see that our local LE can still tell the good guys from the bad guys. It was also a good test of that California tool-required magazine release. Our local LE carry A3s in their cars now, and this officer was obviously familiar with the weapon. That magazine was NOT coming out when that button was pushed.

I've stressed to the guys that I work with the game needed to be played, and to never, ever 'change' a magazine when shooting in California, even using the tool-required release, and never, ever use mags that hold more than 10 rnds (we're all prior military, so I assume some of these guys may have some old souvenirs from the sandbox)...and Saturday's incident really brought that home to the guys.

My FFL told me that a couple of customers of his had their off-list lower rifles confiscated by BLM because they were changing magazines. They were using a tool to do so, and it takes much longer, but all the BLM officers see is a shooter with an illegal gun. We've been hoping that if we play the game to the letter of the law--and we realize that it hasn't been put to the test in a court of law yet--that LE would still be OK with us and our EBR variants, and this was a nice confirmation of that. It made my day!
 
So many people in law enforcement do not know the laws they are enforcing. It is good you all met someone who knew and saw that you were complying with the law.

Unfortunately Dianne Feinstein is on the record that people who comply with the laws on "assault weapons" are really evading the law.

(The CA gun statutes are about the same word count as the New Testament--gospels, Acts, letters and Revelations together. TN gun statutes are three, four pages. If you assault someone with a weapon its hard prison time. That's about the only assault weapon law we need.)
 
If you check in on Calguns (www.calguns.net) there is a very active set of folks on this specific issue who may be able to provide you with the necessary legal cites so next time you get pulled over you will be "pre-armed" (forgive the bad pun).

If you continue to be bitten by the EBR bug and want something where the police really do get stymied, look into a California legal Robinson Arms XCR rifle.

Similar ergonomics to an AR, guts of an AK and a FAL not "substantially identical to any of them"......

http://www.robarm.com/XCR_CA.htm
 
WOW, you friend was stopped for no reason other than carrying a rifle to his car.

If you did not have a pistol grip & muzzle break would the ditachable mag be ok?
 
A lockable storage case is not required, it is for registered (in CA) AW's, but you have just another semi-auto rifle.

If the magazine (10rd only, any more and it's an AW according CA Law) is non removable (permananent, pinned, or Bullet Button), you may have all the evil features on your rifle as you like.

Me, I got outta that place last year after 21 years there, best decision I ever made.

Have a great gun carryin' Kenpo day

Clyde
 
KenpoProfessor said:
Me, I got outta that place last year after 21 years there, best decision I ever made.

:D I was quickly skimming through the page, and barely glanced at that and at first thought you just got out of prison after being there 21 years, and I was assuming it was because of the above weapons.

I quickly went back and read everything carefully. :p
 
Why I'll never move to CA.
Any place where a private citizen with a gun, even an inoperable one, is presumed to be a dangerous criminal isn't any place I want to live.
 
Bill2e said:
WOW, you friend was stopped for no reason other than carrying a rifle to his car.
No, technically he was stopped for carrying rifle parts to his car.

Sixtigers said:
He broke the rifle into two pieces, upper and lower, and walked it out to the trunk of his car this way (he didn't have a case for the rifle).
 
You don't need a locking case for a long rifle. The cop was wrong about that.

I too have an AR15 like yours, locked mag release and all. Ridiculous isn't it?
 
I guess if that makes you happy then congrats.

Still sounds pretty sickening to me.

responses become very low road.

The responses are aimed at the powers in California that keep their citizens constrained with silly crap like this. What exactly would you like us to do? Throw a parade? It's a severe restriction of rights. You don't really want to be congratulated do you?

One minute I read complaints that NRA and other groups don't spend any time in California, next minute someone is mad if their state is talked about as being restrictive or a "problem state" from a 2A standpoint.
 
The whole OLL AR situation is a short-term fix. I was one of the original 4 that got it off the ground.

It got us working guns/receivers that they originally thought were 100% banned. It got our DOJ Firearms Division (now demoted to a Bureau) issuing all sorts of weird statements that have already had interesting results in courts.

Now that we have Heller, we just need to get 'incorporation' of RKBA into the state. We have a very very good chance, very soon with the next stage of the Nordyke case.

Once we have RKBA incorporated, the dominoes begin falling.

I expect to see regular semiauto rifles in CA with pistol grips, without special maglocks or special grips, in under a year. I expect the handgun "Roster" will go down in roughly that time frame as well.


The responses are aimed at the powers in California that keep their citizens constrained with silly crap like this. What exactly would you like us to do? Throw a parade? It's a severe restriction of rights. You don't really want to be congratulated do you?

To get this far in 2 years is pretty good. Various folks were threatened with felony charges, some folks phones were probably tapped, CA gun websites under surveillance, etc.

One minute I read complaints that NRA and other groups don't spend any time in California, next
minute someone is mad if their state is talked about as being restrictive or a "problem state" from a 2A standpoint.

The problem in CA is demographics - urban vs outer suburban/rural skew. Many other states will experience these shifts too, so don't get feeling secure (until some of the below happens...)

And because a certain element in CA Republican circles ("religioous right") has rendered CA Republicans unelectable to other than 'safe seats' in legislature and caused many educated suburban homeowners (the base Ronald Reagan owned 2 decades ago) to be so horrified they shift to Dems, the urban Democrats have moved further left (and existing Repubs have assumed they've earned enough 'pro-gun' stance by voting against bad gun bills instead of driving new pro-gun bills). However, some Dems here are more pro-gun than many Rs and if we can get one or two of 'em on Senate or Asssembly public safety committee seats, we can fare well.

We also have been screwed by lack of unity triggered by stupid or insincere lobbyists for other CA gun groups, the GOC (whose idiot leader Sam Paredes created the environement for last year's microstamping & lead ammo bans to pass) and the CRPA - whose Kathy Lynch & boyfriend Gerry Upholt would play all sortsa trading games leading to bad legislation (and the visible split from NRA CA leadership stances caused fencesitter legislators to think certain votes weren't really anti-gun).

But CA gov't is kinda broke right now - which means any new laws have to have budget analysis. With Heller and upcoming incorporation, any new gun law is gonna have to include "... unknown and possibly large legal costs" to deal with inevitable challenges from gunnies.

CA gun law fixes are gonna have to come thru the courts, but given the above paragraph once that happens they'll stay locked in.

The NRA is spending a bunch of money in CA because that's where the battle is now. Previously if we would win something, legislation would just come in again to 'fix' something. That won't happen now. The battles will move from gun/ammo issues to enviro fights for gun ranges and hunting restrictions and zoning attacks on gun biz.

However, what most folks poking sticks at us Californians don't realize is that they don't yet have a Federal RKBA/2nd in their own states - and that incorporation is needed to protect them too - and that that incorporation of the 2nd will come from California, since we're on the front lines.




Bill Wiese
San Jose CA
 
Once we have RKBA incorporated, the dominoes begin falling.

I expect to see regular semiauto rifles in CA with pistol grips, without special maglocks or special grips, in under a year. I expect the handgun "Roster" will go down in roughly that time frame as well.



Not likely in the current environment.

We also have been screwed by lack of unity triggered by stupid or insincere lobbyists for other CA gun groups, the GOC (whose idiot leader Sam Paredes created the environement for last year's microstamping & lead ammo bans to pass) and the CRPA - whose Kathy Lynch & boyfriend Gerry Upholt would play all sortsa trading games leading to bad legislation (and the visible split from NRA CA leadership stances caused fencesitter legislators to think certain votes weren't really anti-gun).

As I've said before, you can blame your RINO gov. Ahhhhhnnnuuuld for all of this cuz the bottom line is, HE SIGNED THE BILLS.

Have a great gun carryin' Kenpo day

Clyde
 
Once we have RKBA incorporated, the dominoes begin falling.

Bill Wiese wrote:
I expect to see regular semiauto rifles in CA with pistol grips, without special maglocks or special grips, in under a year. I expect the handgun "Roster" will go down in roughly that time frame as well.


KenpoProfessor wrote
Not likely in the current environment.


And you have what contacts in the gunrights community, and know of which case details? Or are you just flapping your facial meat again?

I believe I can speak to these case details far better than you can.


As I've said before, you can blame your RINO gov. Ahhhhhnnnuuuld for all of this cuz the bottom line is, HE SIGNED THE BILLS.

Yup, because he didn't give a crap. Politics is about playing with what you have and getting to a better state. Since GOC triggered this drama unwisely, they were the instigator - it wouldn't have happened without them.





Bill Wiese
San Jose CA
 
Bweise, you are like a human can of FUD killer. Thanks for fighting the good fight, and keeping us CA guys informed at the same time.
 
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