California Gun Laws

Greguw · March 30, 2009, 12:57 PM

Hey Guys , whats the deal with California with gun laws with assault wepons .
I had a guy place a bid and won the auction on gun broker for a mac10 in 9mm with a 30round mag .
I posted no shipping to california ... what is assault weapons laws for that state ?

Thanks

Adrian · March 30, 2009, 02:16 PM

He definitely can't receive the magazine. If he already owns a 30-round MAC-10 magazine, you can disassemble the magazine, remove one part (probably the baseplate or the follower), and sell it to him as a "rebuild kit", but some people are (understandably) skittish about that.

The RPB Industries Inc. or SWD Inc. MAC-10s and MAC-11s are explicitly listed as assault weapons (CA Penal Code 12276(a)(10)), and it is very bad juju to ship those into the state, except under some extremely limited circumstances. There is a not-inconsequential amount of paperwork involved in those, and a responsible buyer would probably have let you know about all of that beforehand.

In either case, even if it is not an RPB or SWD gun, if it is a rifle (has a shoulder stock), it may still fall under 12276.1(a)(3), "under 30 inches collapsed and capable of being fired in the shortest configuration". I'm not familiar with the gun in question, so I couldn't say. A fixed stock might not run into that problem.

In short, I am 99 and 44/100% sure that you should refuse to complete the transaction.

I am not a lawyer; this is not legal advice. It is worth exactly what you paid for it. Liability limited to 2¢, $0.02 USD, by mail, or one free sandwich if you should visit the Bay Area.

Greguw · March 30, 2009, 02:29 PM

It's a Ingram non open bolt ... It really was up to my FFL , I listed that on my ad no shipping to NJ , NY or Ca ... I was just on gun broker and the gun has 120 buys to his name and he has bought uzi's and other assault type weapons in the past month .
I did email the the guy and waiting for a reponce to him buying the gun when I clearly stated no shipping to his state .

Thanks

Adrian · March 30, 2009, 02:53 PM

Huh, that's interesting. I think the only Ingram MAC-type gun on the list is the MAC-11 (and then only as a pistol).

You can take a look at some useful documentation from CalGuns or the Attorny General if you'd like.

If everything is on the up-and-up, your buyer might be active-duty military, stationed in California, a prop company, or just one of the very lucky few with a collector's license.

Stay safe!

Greguw · March 30, 2009, 03:12 PM

You are correct ... I am waiting to hear back from him , I did find and few other ingram purchases that he has made ... Might be a loop hole that california missed with the ingram .

Thanks for all the info .

maestro pistolero · March 30, 2009, 03:22 PM

provided, of course, that that magazines are no more than ten rounds and that he uses a local FFL?

Adrian · March 30, 2009, 03:41 PM

maestro pistolero, yes... with caveats.

1 - The specific XD or M&P model must be on this list. There are exceptions for large-ish single-action revolvers, (I believe) single-shots, and C&R guns, but the XD and M&P doesn't fall under any of those.

2 - The sending FFL (I don't believe regular people can do this) must fill out a little paperwork with the California DOJ and get permission to send the gun into California. It's a little bit obnoxious. There are a number of middle-man FFLs who will do the paperwork if the sending one doesn't want to, but that costs another $70+. Freakshow Manufacturing does some, but he's severely backlogged - I have a rifle waiting for six weeks and counting in his shop right now - so... there you go.

maestro pistolero · March 30, 2009, 04:17 PM

Thanks, i saw this on that link:

Quote:

Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement.

This would be a private party transfer. Someone on a gun blog in, say, georgia, has what my friend is interested in purchasing. It has only ten round magazines. It may or may not be on the list, but it definitely is not a assault weapon. Legal?

Yellowfin · March 30, 2009, 04:58 PM

Just needs to not have a threaded barrel and the magazine must be disassembled. For more info on California firearms law visit www.calguns.net.

maestro pistolero · March 30, 2009, 05:20 PM

I feel I may be hi-jacking this thread, I'll start a new one for this question.

SteveRick · March 30, 2009, 06:27 PM

Here is why California is anti-gun and why we need help to oust these sick liberals, damn dangerous people. See Here:

http://www.alphadogweb.com/firearms/Diane_Feinstein.htm

March 30, 2009, 12:57 PM	#1
Greguw Senior Member Join Date: January 12, 2006 Location: Bucks County , Pa Posts: 519	California Gun Laws Hey Guys , whats the deal with California with gun laws with assault wepons . I had a guy place a bid and won the auction on gun broker for a mac10 in 9mm with a 30round mag . I posted no shipping to california ... what is assault weapons laws for that state ? Thanks

March 30, 2009, 02:16 PM	#2
Adrian Senior Member Join Date: November 7, 2007 Location: Free of California! Posts: 274	He definitely can't receive the magazine. If he already owns a 30-round MAC-10 magazine, you can disassemble the magazine, remove one part (probably the baseplate or the follower), and sell it to him as a "rebuild kit", but some people are (understandably) skittish about that. The RPB Industries Inc. or SWD Inc. MAC-10s and MAC-11s are explicitly listed as assault weapons (CA Penal Code 12276(a)(10)), and it is very bad juju to ship those into the state, except under some extremely limited circumstances. There is a not-inconsequential amount of paperwork involved in those, and a responsible buyer would probably have let you know about all of that beforehand. In either case, even if it is not an RPB or SWD gun, if it is a rifle (has a shoulder stock), it may still fall under 12276.1(a)(3), "under 30 inches collapsed and capable of being fired in the shortest configuration". I'm not familiar with the gun in question, so I couldn't say. A fixed stock might not run into that problem. In short, I am 99 and 44/100% sure that you should refuse to complete the transaction. I am not a lawyer; this is not legal advice. It is worth exactly what you paid for it. Liability limited to 2¢, $0.02 USD, by mail, or one free sandwich if you should visit the Bay Area. __________________ NRA Life Member since January 2009 Matt.25:40

March 30, 2009, 02:53 PM	#4
Adrian Senior Member Join Date: November 7, 2007 Location: Free of California! Posts: 274	Huh, that's interesting. I think the only Ingram MAC-type gun on the list is the MAC-11 (and then only as a pistol). You can take a look at some useful documentation from CalGuns or the Attorny General if you'd like. If everything is on the up-and-up, your buyer might be active-duty military, stationed in California, a prop company, or just one of the very lucky few with a collector's license. Stay safe! __________________ NRA Life Member since January 2009 Matt.25:40

March 30, 2009, 03:22 PM	#6
maestro pistolero Senior Member Join Date: August 16, 2007 Posts: 2,153	Can my buddy in CA buy a used XD or M&P online, provided, of course, that that magazines are no more than ten rounds and that he uses a local FFL?

March 30, 2009, 03:41 PM	#7
Adrian Senior Member Join Date: November 7, 2007 Location: Free of California! Posts: 274	maestro pistolero, yes... with caveats. 1 - The specific XD or M&P model must be on this list. There are exceptions for large-ish single-action revolvers, (I believe) single-shots, and C&R guns, but the XD and M&P doesn't fall under any of those. 2 - The sending FFL (I don't believe regular people can do this) must fill out a little paperwork with the California DOJ and get permission to send the gun into California. It's a little bit obnoxious. There are a number of middle-man FFLs who will do the paperwork if the sending one doesn't want to, but that costs another $70+. Freakshow Manufacturing does some, but he's severely backlogged - I have a rifle waiting for six weeks and counting in his shop right now - so... there you go. __________________ NRA Life Member since January 2009 Matt.25:40 Last edited by Adrian; March 30, 2009 at 03:42 PM. Reason: Ninja'd for grammar.

March 30, 2009, 02:29 PM	#3
Greguw Senior Member Join Date: January 12, 2006 Location: Bucks County , Pa Posts: 519	It's a Ingram non open bolt ... It really was up to my FFL , I listed that on my ad no shipping to NJ , NY or Ca ... I was just on gun broker and the gun has 120 buys to his name and he has bought uzi's and other assault type weapons in the past month . I did email the the guy and waiting for a reponce to him buying the gun when I clearly stated no shipping to his state . Thanks

March 30, 2009, 03:12 PM	#5
Greguw Senior Member Join Date: January 12, 2006 Location: Bucks County , Pa Posts: 519	You are correct ... I am waiting to hear back from him , I did find and few other ingram purchases that he has made ... Might be a loop hole that california missed with the ingram . Thanks for all the info .

March 30, 2009, 04:58 PM	#9
Yellowfin Senior Member Join Date: January 7, 2007 Location: Lancaster Co, PA Posts: 2,311	Just needs to not have a threaded barrel and the magazine must be disassembled. For more info on California firearms law visit www.calguns.net. __________________ Students for Concealed Carry on Campus http://www.concealedcampus.org "You can't stop insane people from doing insane things by passing insane laws--that's insane!" - Penn Jillette

March 30, 2009, 05:20 PM	#10
maestro pistolero Senior Member Join Date: August 16, 2007 Posts: 2,153	I feel I may be hi-jacking this thread, I'll start a new one for this question.

March 30, 2009, 06:27 PM	#11
SteveRick Member Join Date: March 23, 2009 Posts: 55	Here is why California is anti-gun and why we need help to oust these sick liberals, damn dangerous people. See Here: http://www.alphadogweb.com/firearms/Diane_Feinstein.htm