California assault weapon ban questions

[mrpcar]

What is the name of your state? California

CALIFORNIA PENAL CODE:
CHAPTER 2.3. ROBERTI-ROOS ASSAULT WEAPONS CONTROL ACT OF 1989:
12276. As used in this chapter, "assault weapon" shall mean the following designated semiautomatic firearms:
(a)...(5) Colt AR-15 series.....
(e) The term "series" includes all other models that are only variations, with minor differences, of those models listed in subdivision (a), regardless of the manufacturer.

The California State Supreme Court ruled on June 28, 2001 (Harrott vs
Kings County) that, basically, in order for a firearm to be considered a "series" AR-15, the Attorney General must specifically list it by make and model.....

12276.1. (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
(1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
(d) The following definitions shall apply under this section:
(1) "Magazine" shall mean any ammunition feeding device.
(2) "Capacity to accept more than 10 rounds" shall mean capable of accommodating more than 10 rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.

Based on the law above here are my question:

If the bolt carrier of the above named weapon is removed hence the gun is no longer a weapon, would it still be considered illegal to own one?

 

[EvilWizard]

I would ask that question in http://ar15.com/forums/

or to

Department of Justice
Firearms Division
PO Box 820200
Sacramento, CA 94203-0200

 

[divgradcurl]

If the bolt carrier of the above named weapon is removed hence the gun is no longer a weapon, would it still be considered illegal to own one?

Yes. The only way to legally own such a weapon is to either a) have owned it since before the ban went into effect, and registered it when you were supposed to have, or b) modify the weapon so that it is incapable of being made to fire -- usually this involves some sort of destructive modification to the chamber and receiver. Simply removing the bolt carrier group would be insufficient.

BTW, a "firearm" is actually the receiver that contains the serial number -- the rest of the weapon is simply parts. So an AR-15 lower with a collapsible stock alone is an illegal "assault weapon" under the absurd California laws.

I do have a "legal" pre-ban CAR-15 (with all of the naughty bits, bayonet lug, collapsible stock, flash suppressor, etc.) purchased in 1986, registered as per state rules -- but I still don't take it out to the range to shoot, because you never know what someone might say, and it's not legally replaceable in CA, so why take the chance. I only shoot it when I head on out to the desert in Nevada to go shooting, and I bought a legal "post-ban" AR-15 to take to the local rifle range.