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California law Question.
Childe_Roland
Member Posts: 7 ✭✭
hello, and thank you for reading my post. i currently live in south dakota, and am moving to california soon (lived there priviosly, moving back after 6 months here). Living here these past 6 months, i have delveloped a great liking of firearms. i currently own a S&W 1911 and a Yugo SKS, & shotgun or two. after looking over the DOJ's website, ive come to understand the shotguns wont be much of a problem, and the pistol should be ok if i file it in 60 days. now, about the sks! i know theres an assault weapon type ban, but would it be considered a "hunting" rifle if i have the original non removable(without disasembly) 10 round clip in it? or if i got a removeable 5 round clip? i have the wood stalk on it, no folders or anything. ive been going through the laws for about an hour and a half now, but reading through the lines turns my brain into mush! is there anything i can do? thank you for your time. [:(]
Comments
My local ffl transfer dealer gets paranoid if i even mention doing black powder colt conversions. My local gun shops will not carry FN 5.7 x 28 rounds. YOU figure that one out.
Not only that, but one office might tell you one thing while some officer somewhere else would confiscate it on the spot.
Maybe you should simply email the CA DOJ and ask about it. Send them a picture.
But we have a lot of other problems here that are just as weird. You might reconsider moving here. But you should already know that having lived here before.
The duty to preserve one's self ought never be denied.
The following designated semiautomatic firearms are assault weapons:
(a) All of the following specified rifles:
(1) All AK series including, but not limited to, the models identified as follows:
(A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.
(B) Norinco 56, 56S, 84S, and 86S.
(C) Poly Technologies AKS and AK47.
(D) MAADI AK47 and ARM.
(2) UZI and Galil.
(3) Beretta AR-70.
(4) CETME Sporter.
(5) Colt AR-15 series.
(6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR110 C.
(7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.
(8) MAS 223.
(9) HK-91, HK-93, HK-94, and HK-PSG-1
(10) The following MAC types:
(A) RPB Industries Inc. sM10 and sM11.
(B) SWD Incorporated M11.
(11) SKS with detachable magazine.
(12) SIG AMT, PE-57, SG 550, and SG 551.
(13) Springfield Armory BM59 and SAR-48.
(14) Sterling MK-6.
(15) Steyer AUG.
(16) Valmet M62S, M71S, and M78S.
(17) Armalite AR-180.
(18) Bushmaster Assault Rifle.
(19) Calico M-900.
(20) J&R ENG M-68.
(21) Weaver Arms Nighthawk.
(b) All of the following specified pistols:
(1) UZI.
(2) Encom MP-9 and MP-45.
(3) The following MAC types:
(A) RPB Industries Inc. sM10 and sM11.
(B) SWD Incorporated M-11.
(C) Advance Armament Inc. M-11.
(D) Military Armament Corp. Ingram M-11.
(4) Intratec TEC-9.
(5) Sites Spectre.
(6) Sterling MK-7.
(7) Calico M-950.
(8) Bushmaster Pistol.
(c) All of the following specified shotguns:
(1) Franchi SPAS 12 and LAW 12.
(2) Striker 12.
(3) The Streetsweeper type S/S Inc. SS/12.
AK and AR series listed here:
http://ag.ca.gov/firearms/infobuls/kaslist.pdf
Any weapon with specific generic characteristics as described below:
Senate Bill 23 Assault Weapon Characteristics
Effective January 1, 2000, Senate Bill 23, Statutes of 1999, establishes new criteria for defining assault weapons based on generic characteristics. This bill allows and requires persons who own/possess firearms that fall under the new "assault weapon" definition to register those firearms with the Department of Justice during the one-year period between January 1, 2000 and December 31, 2000. Effective January 1, 2000, this bill adds Penal Code Section 12276.1 to the Penal Code as follows.
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.
(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
(8) Any shotgun with a revolving cylinder.
(b) "Assault weapon" does not include any antique firearm.
(c) 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.
(3) "Antique firearm" means any firearm manufactured prior to January 1, 1899.
(d) This section shall become operative January 1, 2000.
MOΛΩN ΛABE
-Samuel Adams, Patriot/Brewer
quote: (1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine
does that apply? to get it to use a detachable mag, you have to disasemble it somewhat. i also forgot to mention it has a bayonet, any freaky law about that i should know about?
this is exactly what it looks like:
http://www.gunbroker.com/Auction/ViewItem.asp?Item=38530585
p.s. i was only ever in a gun shop once when i lived in CA, can you even buy 7.62x39?
-WW
MOΛΩN ΛABE
-Samuel Adams, Patriot/Brewer
You have a threaded grenade launcher on it. The California version has a peace of pipe called a muzzle break WELDED ON.
Don't take it with you. If you are military and live in base housing...you used to be able to take assault weapons to California and keep them on post/base but they recently RAPED the Soldier's and Sailor's Act and gave the State authority to tax your personal belongings on base. Tax means require a permit, license, registration, actual tax fee on your personal property.
If you are a Cali resident you can apply for the Assault Weapon Permit and the Fee is $20...hardly anyone gets it. When I inquired on it they wanted $73 from Active Duty Military for TWO back ground checks- State/Federal. Whereas a resident only pays for one.
I was raising a stink about it and found a lawyer to take the case pro-bono...next thing I know Boxer and Feinstein ripped our protections from the Soldiers & Sailors Act.
Sell the Yugo and buy a Garand. If your Pistols are not on the California Department of Justice approved pistol list THEY WILL TAKE THEM FROM YOU.
Good luck...your gonna need it.
www.givemeliberty.org
Neturei Karta
If anyone tries to argue this point with you just direct them to this web-site or take a print-out of it and it will shut them up.
http://justice.doj.ca.gov/safeguns/safeguns_new.taf
As for the 10 round limit mags on the FN pistol; GB I saw a few days ago some guy had it, and today I saw that CDNN company of texas has some. You might want to check it out.
On a side note as I'm aware there are six types of ammo for the FN pistol; only two of which are illegal to posses. Those two types are the AP rounds and can not be obtained by civilians anyways. The other four are 100% legal unlike what those BS liberals are telling everyone.
Hope this has been helpful.
" Those who give up a little freedom for temporary security, deserve neither freedom nor security "
- Benjamin Franklin
Your Yugo SKS is NOT California compliant!!!
You have a threaded grenade launcher on it. The California version has a peace of pipe called a muzzle break WELDED ON.
If your Pistols are not on the California Department of Justice approved pistol list THEY WILL TAKE THEM FROM YOU.
Good luck...your gonna need it.
Red223 is correct about the grenade launcher on the Yugo SKS. Grenade launchers are not legal in California.
However, he is incorrect about handguns not on the approved handgun list. It is perfectly legal for you to import them into California. Magazines over 10 round capacity cannot be brought into the state.
What they dont know wont hurt them, and yes the 5.7x28 pistol is 100% legal. The only problem is that CA only allows 10 round max like those BS states on the east coast.
I had mine sent to a tranfer dealer with no probelm. I did that because no one in my area would carry one. I get my ammo off the net, and the only designation that I haven't found is ss190, the armor piercing round. There is more 192 out there than you can shake a stick at. And yes, I only have the ten rounders.
The duty to preserve one's self ought never be denied.
I merely stated his pistolas have to be on the Cali DOJ approved list.
www.givemeliberty.org
Neturei Karta
EOD,
I merely stated his pistolas have to be on the Cali DOJ approved list.
I know that's what you said. My point is that they don't have to be on the list. It is perfectly legal under California law for an individual moving to California to bring non list handguns with them and to register them with the DOJ.
...If you have pistols, don't forget you'll have to take CA's little test.
Stupid answers: point a loaded weapon: "in a safe direction" (COULDN'T BE elevated, or pointed downrange.)
I think another question dealing with home safety has as its answer that EACH pistol has to be in its own approved locked box w/trigger lock.
Other regular crap: gun in car with triggerlock/ammo in trunk.
You know: all those things that guarantee your death in the event of an actual emergency.
The duty to preserve one's self ought never be denied.
Roland,
...If you have pistols, don't forget you'll have to take CA's little test.
Stupid answers: point a loaded weapon: "in a safe direction" (COULDN'T BE elevated, or pointed downrange.)
I think another question dealing with home safety has as its answer that EACH pistol has to be in its own approved locked box w/trigger lock.
Other regular crap: gun in car with triggerlock/ammo in trunk.
You know: all those things that guarantee your death in the event of an actual emergency.
The duty to preserve one's self ought never be denied.
He won't need to take any test unless he wants to purchase a handgun in California. The Handgun Safety Certificate is not required for someone just moving into the state.
quote:Originally posted by amsptcds
Roland,
...If you have pistols, don't forget you'll have to take CA's little test.
Stupid answers: point a loaded weapon: "in a safe direction" (COULDN'T BE elevated, or pointed downrange.)
I think another question dealing with home safety has as its answer that EACH pistol has to be in its own approved locked box w/trigger lock.
Other regular crap: gun in car with triggerlock/ammo in trunk.
You know: all those things that guarantee your death in the event of an actual emergency.
The duty to preserve one's self ought never be denied.
He won't need to take any test unless he wants to purchase a handgun in California. The Handgun Safety Certificate is not required for someone just moving into the state.
That's good news. It is not a hard test, just a minor failure rate (1 - 2%) seems to be written into it.
The duty to preserve one's self ought never be denied.
Yes, you can bring a non-DOJ certified handgun into California as a private individual, as long as you conform to these requirements:
quote:Effective January 1, 2001, no handgun may be manufactured within California, imported into California for sale, lent, given, kept for sale, or offered/exposed for sale unless that handgun model has passed firing, safety, and drop tests and is certified for sale in California by the Department of Justice. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement.
So basically you can never sell, give, or lend the non-DOJ certified handgun while you are in California. Here are the CA DOJ instructions for new residents importing handguns:
quote:Any person who moves into California and who brings any pistol, revolver, or other firearm capable of being concealed upon the person is considered to be a "Personal Handgun Importer" and is required to do one of the following within 60 days:
Complete and submit a NEW RESIDENT HANDGUN OWNERSHIP REPORT form along with $19.00 to the Department of Justice. A separate report form and $19.00 fee is required for each handgun reported. NEW RESIDENT HANDGUN OWNERSHIP REPORT forms can be obtained from California Department of Motor Vehicles' offices, licensed firearms dealers, local police and sheriff's departments, the California Department of Justice Firearms Division at (916) 263-4887, and from the Online Forms Page at this site.
Sell or transfer the handgun(s) to a California licensed firearms dealer or to another individual using a California licensed firearms dealer to conduct the transaction.
or
Sell or transfer the handgun(s) to a California police or sheriff's department. Persons choosing this option should contact the law enforcement agency for instructions prior to transporting the handgun(s) to the agency.
Any person transporting handguns in California is required under California law to transport those handguns unloaded and in a locked container other than the glove compartment or utility compartment of a vehicle.
Please be aware that failure to comply with these mandated handgun requirements could result in criminal prosecution (Penal Code Section 12072(g)).
From Red223:
quote:Your Yugo SKS is NOT California compliant!!!
Red, despite the grenade launcher mount, I think if he has the fixed 10-round receiver installed then he will be okay. From what I read, the grenade laucher restriction only applies for detachable magazine firarms. However, check with CA DOJ Firearms Division to be sure.
-WW
MOΛΩN ΛABE
-Samuel Adams, Patriot/Brewer
Also, if a person moves into California with non list firearms, they are not prohibited from selling them at some future date. The penal code prohibits importation for sale. It doesn't mean they can never be sold. Your reference even says they can sell the handgun to a California resident in lieu of registering it.
quote:12301. (a) The term "destructive device," as used in this chapter,
shall include any of the following weapons:
(2) Any bomb, grenade, explosive missile, or similar device or any
launching device therefor.
Those sneaky b@st@rds.
quote:The penal code prohibits importation for sale. It doesn't mean they can never be sold. Your reference even says they can sell the handgun to a California resident in lieu of registering it.
I would be careful with that one, EOD. The upper quote, from the gun certification section, explicitly says, "no handgun may be... imported into California for sale, lent, given, kept for sale, or offered/exposed for sale unless that handgun model has passed firing, safety, and drop tests and is certified for sale in California by the Department of Justice."
That sounds to me like no chance of selling a non-listed gun at all. But that's just my read.
-WW
MOΛΩN ΛABE
-Samuel Adams, Patriot/Brewer
the more i read about the law in california, the more it sickens me. i read how you have to provide a valid reason to have a CCW. what the hell? they should have to provide a valid reason for me Not to have one.
anyway, thanks for all your help guys!
i actually downloaded the pratice test just incase they hassled me. rather than risk getting in trouble or having it confiscated, i just sold my sks [:(] .
the more i read about the law in california, the more it sickens me. i read how you have to provide a valid reason to have a CCW. what the hell? they should have to provide a valid reason for me Not to have one.
anyway, thanks for all your help guys!
You can't even be sure that they fit the definition of "law" any closer than by analogy. They are fears and sentiments placed in the regulatory system. I didn't see any cowardice written into the constitution.
The duty to preserve one's self ought never be denied.
Even with a valid reason it is essentially impossible to get a CCW in California, except for a few of the very rural counties. Even places like Fresno, generally a Conservative part of the state, will not issue CCW permits unless you know somebody that can grease the wheels. In LA and the Bay Area only the politically connected have any chance of getting a CCW.
Some counties and cities play little games to wear out CCW applicants without outright rejecting their application. I used to live in a Bay Area county, the various city police chiefs used to pass the CCW applicants off to the Sheriff's Department, then the Sheriff's people would tell the applicants that it was not their jurisdiction and send them back to the city police. The few people I knew that tried to get CCWs played this game for months until they finally just gave up.
I once inquired with a Sheriff's Dept. front desk clerk about applying for a CCW and she told me point blank that they did not issue CCW permits. I had done a little research and knew that they legally had to allow me to apply regardless. When I mentioned this she asked me to wait while she called a deputy (obviously an intimidation manuever). The deputy came out and told me that I could apply if I wanted but they hadn't approved a CCW request in years (this was a lie because I knew of a couple of well-off politically connected locals that had gotten CCWs). But as I was a county employee at the time, I did not push the issue and chose not to apply.
-WW
MOΛΩN ΛABE
-Samuel Adams, Patriot/Brewer
I was resident in Kalifornia for some time I left last month for Nevada, during my time there I worked art time for an FFL and I am familar with the state laws. However I am not a lawyer and you should confirm with the CA DOJhowever when you do get the name of the person you speak to as advice from them notoriously changes from person to person.
In the case of the SKS you will find several version of this weapon still for sale in the state, nearly all have the fold out bayonet CA law states "Bayonet Lug" as a componet of an Assult Weapon.
If you have the grenade launcher it is a no no for import into CA
All SKS in CA other than registered Assult Weapons have the 10 round standard magaine that you load via stripper clips, as you will know this is still removable without tools so if you add other features of the assult weapon you have a big no no thus refer ack to the grenade launcher. In short if you are at all unsure dont take it into CA buy one there they go for around $150 to $250.
Magazines it is illegal for any private person to import or pocess any magazine of more than 10 rounds into the state, you can have them if you had them in the state before the ban came into force (12/2000) I think but check it.
As for your pistol you can take it into the state and must infor the CA DOJ that you have it, you can sell it at a later date to either an FFL or by private party transfer even if not CA approved, the FFL cannot resell the pistol in the state unless its on the DOJ list this does not effect private person to person. You must however do any transfer via an FFL. Do not send the pistol to a CA FFL to transfer it to you when you get there, he cannot do this as it is not on the list just take it with you and download the form from the DOJ. Again no magazine larger than 10 rounds.
You do not need to do the Handgun Saftey Cert unless you buy or have a Handgun transfered to you.
If you ever sell the handgun other than in CA in which case you must do it via an FFL so out of state and you still live in CA make sure you inform the DOJ with the correct form from the website.
Hope this helps sorry to ramble on
Hi All first post so here goes.
I was resident in Kalifornia for some time I left last month for Nevada, during my time there I worked art time for an FFL and I am familar with the state laws. However I am not a lawyer and you should confirm with the CA DOJhowever when you do get the name of the person you speak to as advice from them notoriously changes from person to person.
In the case of the SKS you will find several version of this weapon still for sale in the state, nearly all have the fold out bayonet CA law states "Bayonet Lug" as a componet of an Assult Weapon.
Hope this helps sorry to ramble on
Bayonets or bayonet lugs are not mentioned in the California "assault weapons" laws. They are not an "evil feature" in California.
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