Possible CA Benefit to Sunset of Federal AW Ban

[DougB]

If the federal assault weapon ban sunsets, will Californians who own legally registered (per CA law) "assault weapons" be able to add pre-ban (per federal law) features to their rifles? In other words, if the federal law goes away, is there anything in CA law that prohibits putting a collapsable stock or flash suppressor on a legally registered rifle? I don't recall CA law making any distinction between pre and post-ban rifles. I'm just trying to find some benefit to us Californians if the federal law sunsets.

Doug

 

[Glockster35]

I don't believe California residents will see any real changes to the laws in place currently, if the AWB fails.

I'm not a lawyer, and don't know all the laws...but my understanding is that most of the laws that are binding you guys, are state laws.

 

[Mark Tyson]

No, unfortunately. It's a whole different set of laws. You will still be forbidden from owning any of the Five Deadly Features of Assault Weapons. You will have to either move or engage in a little civil disobedience.

 

[DougB]

I understand that "assault weapons" will still be banned under CA law. I'm talking about those of us who registered them under CA law prior to 1/1/2000. We can still legally possess them (though we can't sell or give them away except out-of-state). What I'm wondering is if I'll be able to add a collapsing stock and "pre-ban" upper to my AR if the federal law sunsets. It is already registered in CA as an AW. If the federal law sunsets so that there's no longer a federal pre/post ban distinction, I don't think there's anything in that CA law that that says my registered AW can't have pre-ban features. But I haven't reasearched this - I'm hoping someone has and can clarify this.

Doug

 

[BerettaNut92]

AFAIK, if you already have a post ban AR15 or whatever registered in CA, you can probably put more evil features on it after the ban sunsets.

Other than that, it won't affect preban guns or mags as most you can't get anymore.

As usual, CYBYWY.

 

[Hkmp5sd]

I'm not a lawyer and have no desire to be....

If I understand the question correctly, you have a post-1994 (federal) assault weapon ban AR-15 that was registered in CA as an (California) assault weapon. Due to the 1994 federal ban, you cannot have any of the pre-ban features added to your rifle.

The question is, how does the federal ban's demise effect the evil features on your CA banned AR.

The federal ban defines an AW as one with a detachable magazine and any 2 or more of the added evil features. There is no maximum limit on how many features a preban can possess.

The California variation of this ban defines an AW as one with a detachable magazine and any 1 or more of the added evil features. Again, there is no maximum limit on how many features a pre-(CA)ban can possess.

As such, the only thing preventing you from adding a threaded barrel, flash suppressor and bayonet lugged upper to your AR is the federal ban. When the federal ban goes away next year, in my uneducated legal opinion, you should be able to add the upper to your AR legally under CA law.

 

[Sachse]

you will be able to put a folding stock on your 10/22. 22lr is exempt from the cali ban.

 

[gun-fucious]

In place State Laws trump federal sunsets

which is why the Brady-ites are mooing for more state assault weapon laws

 

[DougB]

So, as I suspected, even us Califiornians (at least those who currently own registered AWs) will realize a significant benefit if the federal ban sunsets. I will probably hold off on buying another upper for my AR in hopes of being able to get a pre-ban. And I'll certainly get some sort of collapsing stock if I can. Of course, that's no consolation to those who didn't buy and register before the CA ban. Its already very frustrating to see what's available in other states, for very reasonable prices, and realize we can't buy them. That'll only be worse if the federal ban sunsets. But I can at least look forward to my registered AR suddenly becoming a "pre-ban."

Doug

 

[XxAR10xX]

Doug, I have asked this same question several times on a couple boards, and I think people get confused on the status of the AR rifle. I think you are in the same boat as me - where I have an AR that has been registered as an assault rifle per SB23. Hkmp5 made several good points, and though I have never gotten a straight answer on this issue, the more I think about it, the more I think the answer to your question is YES. The SB23 ban only affected rifles purchased model year 2000+. The only thing that was stopping rifles purchased 1994-1999, in CA, from having pre-ban features was the 1994 AW ban. So IMO once that ban goes away there is nothing stopping Model year 1994-1999 rifles in CA from having preban features. You cannot apply a law that went into effect in 2000 on rifles purchased in previous years. Otherwise that would mean that true "preban" ARs that exist in CA would have to change configuration too, and I don't see that happening.

So if the AWBAN dies (which is really hope happens!) the only other federal ban will be the import ban.

 

[scottsw1]

Guys,
Why don't you just call the Division Of Justice and see if they have an answer. I have called them a couple of times and always have had an answer when I got off the phone with them. Good Luck.

 

[DougB]

I have also received good information from the CA DOJ, but at this point this is a purely theoretical question - I doubt anyone at the DOJ has made a determiniation about how the possible sunset of the federal ban next year will impact owners of AWs registered under CA law. And, while I've found the DOJ people I've spoken with to be helpful and friendly, I don't want to be the one to get someone there thinking about this issue (which, if enough lawyers and polititions get involved, might result in this "loophole" in the CA law being closed before the federal ban sunsets).

At this point, I'm satisfied that there is a good chance that AWs registered under SB23 will be able to incorporate pre-ban features if the federal law sunsets.

Doug

 

[Mannlicher]

Doug, disabuse yourself of any thought that the ban will sunset.

 

[FNFiveSeven]

Doug,

Your hopes about the benefits for us californians if the federal AW ban sunsets are correct. When the fed law goes, we can convert our california AW into what would today be considered a "preban" configuration. I'm already putting together an assault weapon construction party, which will take place at 1AM on the 14th of September, 2004. I've already got my preban upper (legally attached on a FAB-10, for now) waiting for the time to arrive.

 

[Shalako]

What about Roberti-Roos? That State law has been in effect since 1989 I believe. It's not going away with the AW ban.

 

[4v50 Gary]

Yep. Our Roberti-Roos ban still applies even though the rest of y'all get guns with evil features. Lucky you guys, unlucky (but in a blissninny state of mind safe) us.

What is here can remain here until the registered owner passes away, then it's out of the state with it. Eventually, there'll be no more of these guns in Calif. Sure.

 

[uglygun]

I really hope the AW ban sunsets.

Should be okay to turn post94 AR15s and similar Ca. registered firearms over to a pre94 configuration provided that the AW ban sunsets.


I've got 2 post94 Bushmasters and an AR10 A4 that both are patiently waiting for flash suppressors and collapsable stocks, an AR10 with a vortex type flash suppressor and a Magpull collapsing stock has a certain appeal to it.....


Under the Ca. regs, a pre94 and post94 configured rifle get registered and treated the same. No special registrations for certain additional features, the Ca. ban sees both the pre94 and post94 configurations in the same light since they were looking for 1 evil feature as opposed to 2 evil features beyond the High Cap detachable mag.

We should be in the clear if the AW ban sunsets if we want to remove our muzzle brakes and swap them out for flash suppressors.

SO LONG as persons are careful not to turn unregistered Ca. compliant rifles into AW configurations, such as thinking they can put a flash suppressor onto an M1A with a Ca. legal muzzle brake.