billwiese
Member
Hi, El Rojo...
Yes, I am sure.
An FFL dealer in CA needs to also hold a CA Assault Weapons permit to handle/retain AWs (besides the permit, there's a whole host of storage requirements to boot) whenever the registered AW owner is not present, or to ship/accept them.
A CA FFL gunsmith without AW permit cannot work on your (legal, registered) AW when you are not there. So you need to either have a CA gunsmith w/CA AW permit, or stay in immediate proximity to your rifle while work's done by a regular FFL gunsmith and/or you carry it back & forth every morning/evening while work's done if it takes longer than one day.
Generally speaking (exceptions below) in order to SHIP a CA AW - or accept an AW being shipped back to you - an FFL holding a CA AW permit must be used. (Of course, if the other FFL is inside CA, he must have a CA AW permit as well.) However, you can carry your AW yourself (+ hicap mags) to and from California - I fly to Oregon & Idaho with ARs, FALs and hicaps yearly.
[And if your AW is unreg'd in CA you should blowtorch receiver. Penalties seem to have just increased for multiple unreg'd AW possession...]
Some more info & exceptions about these matters...
Bill Wiese
San Jose
El Rojo said:Are you sure that he can't send the AW out of state to a FFL dealer himself? My understanding is to send the gun out of state, you simply have to send it to a dealer. It is lawful for a Joe Schmoe to send the gun, but an FFL must receive it. I don't see how the State of California can mandate you send it through an AW registered FFL if it is perfectly legal for the receiving FFL to receive it, nor would it make any sense since the AW FFL is just going to log it in the bound book and not file any paperwork on it because they are transfering it to a dealer out of state.
Yes, I am sure.
An FFL dealer in CA needs to also hold a CA Assault Weapons permit to handle/retain AWs (besides the permit, there's a whole host of storage requirements to boot) whenever the registered AW owner is not present, or to ship/accept them.
A CA FFL gunsmith without AW permit cannot work on your (legal, registered) AW when you are not there. So you need to either have a CA gunsmith w/CA AW permit, or stay in immediate proximity to your rifle while work's done by a regular FFL gunsmith and/or you carry it back & forth every morning/evening while work's done if it takes longer than one day.
Generally speaking (exceptions below) in order to SHIP a CA AW - or accept an AW being shipped back to you - an FFL holding a CA AW permit must be used. (Of course, if the other FFL is inside CA, he must have a CA AW permit as well.) However, you can carry your AW yourself (+ hicap mags) to and from California - I fly to Oregon & Idaho with ARs, FALs and hicaps yearly.
[And if your AW is unreg'd in CA you should blowtorch receiver. Penalties seem to have just increased for multiple unreg'd AW possession...]
Some more info & exceptions about these matters...
- For guns like ARs, problems, 'smithing, revisions, etc. are likely in the barreled upper area. The upper is not a gun and any smith can work on it, you can ship it to/from anywhere, etc. (AR lowers are simple to fix and all AR owners should know how to fix/manipulate them anyway!!!)
- For Type III 'by feature' AWs - which are defined by combinations of evil features and are not specifically-named guns on the original Roberti-Roos list of 50+ guns, nor are an AR or AK 'class' gun - enough evil features can be removed so that the gun is no longer an AW.
Even though your Type III AW is legally registered as an AW (!!), removal of the 'evil features' allows it to be treated like a normal rifle w/respect to shipment, transportation, storage, etc. [This is from DOJ website info, and direct questioning of Cal DOJ Director Rossi & Asst Director Riegert at an NRA Members Council dinner a few months ago.] It would be sensible to have the separated evil features locked separately or conveyed separately during transit.
For example, removing the pistol grip from a FAL clone (but not a named true FN FAL!!) renders it into a non-AW form. Separating the FAL clone upper and lower also accomplishes this: you can mail the FAL clone to, and receive it back from, an out-of-state FFL gunsmith separately in two more easily manageable boxes and it's entirely legal. [You should make sure IN WRITING that your outta state gunsmith does not directly send you a fully assembled AW. Make sure he either removes the pistol grip and sends it separately or removes or sends the halves separately.]
Another example: M1A w/flash hider is an AW in CA. Remove the flash hider and any gunsmith can work on it, and you can ship it to/from just about anywhere.
- AR and AK 'class' guns are Type II AWs; along with the 50+ Type I original Roberti-Roos AWs, these guns are considered 'named AWs' and even the receiver alone is considered an assault weapon.
Bill Wiese
San Jose