nitereaper said:
The OLL is a Stag Arms Stag-15. There are 2 parts to the California AW ban from what I understand. The first is a list of AW banned in this state based on make and model. Yes the colt is listed there along with a couple others but this year there are a bunch of new makes and models now being legally sold here. I have purchases a couple of them. The second part to the ban is a description of characteristics that make up a AW. Basically known as the 3 evils: pistol grip, flash hider, and detachable mag. I have heard that a colapsable stock is also considered illegal when combined with the other features.
I have read the law and was confused by it. I have been on a couple other sites to get a basic explanation of the law. The best understanding that was brought to me is I can either have the evil features of pistol grip, flash hider and colapsable stock as long as I have a non removable 10 round mag. Or I can have a removable mag but no other evil features.
We have been hearing stories of a couple people being served warrents at home by ATF and local LEO. They have been taking the firearms and arresting people. Now some of them did actually have some illegal configurations in their homes.
Now based on the legal description of the AW. If I have it stored in my home with the upper seperated from the lower. Is that still considered an AW and still needs to be legally configured?
Another question. What if I am in my house cleaning my weapon with the upper and lower seperated and no 10 round mag secured in the mag wel. The ATF show up with a warrent and catch me in the process of cleaning my weapon. It is currently not within legal specs. Will I get my weapon taken away or will they over look it based on the fact that I am cleaning the weapon?
If you truly have an off-list lower, then you have a "class 3" or "series 3" assault weapon (I can't remember the exact terminology, but "series 1" weapons are on the original Roberti-Rossi (spelling) ban of 1988 or thereabouts, "series 2" are covered in the re-release of the RR ban in 1999, "series 3" are all others), and you are allowed a detachable magazine, and one of the following: pistol grip, flash hider (or threaded muzzle end), collapsible stock, and one other thing (bayonet lugs are OK nowadays in California). So, you could technically have an off-list lower and be okay, so long as you did not attach the upper with the flash suppressor. But as Carl alluded to, if both parts are sitting there waiting to be assembled, then that might be a problem.
BTW: The 10-round mag has to be non-detachable to get around the rules, a 10-round detachable magazine is still a "detachable" magazine for the purpose of these zany rules.
I don't know where you are getting this information about seizures of weapons -- from my understanding and reading, most of the time these assault weapons laws are used as enhancements for other crimes, and are rarely enforced on their own. In other words, if you use an assault weapon in a robbery, the fact that the weapon is on the banned list is an enhancement to your sentence. However, it appears that there is little enforcement beyond using this as an enhancement. It's a risk, no doubt, but if you want, read up here for more information:
http://www.calgunlaws.com/
EDIT: One other thing, remember there are two lists when it comes to AK and AR series "assulat weapons." The 1988/1989 list, and the 1999 list. You need to be off of BOTH lists to be a real "off list" and therefore "legal" AR lower.
These laws are confusing because they are all "feel good" laws written without any rhyme nor reason to their coverage. An AR-15 is illegal in California, but a Mini-14, which uses the same bullets, is the same size, and even accepts the same magazines, is legal. Makes you wonder.
