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Old January 27, 2013, 09:51 PM   #1
Dr Big Bird PhD
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New Bullet Button Law in California, Advice

I went to my LGS to get some railguards for my AR yesterday and the sales person asked me if I had my firearm registered with the NFA. I obviously said
"no". I use a bullet button and use 10 round magazines, just like Big Brother told me to. He then pulled out a print out of the new legislation that will most likely pass the state congress.

To make a long story short Cali is going amend their AWB law to include fixed magazines. The SKS and AR/AK clones with bullet buttons will become illegal. However people such as myself would get a grace period to register my firearm as an NFA weapon. However He told me that I will no longer have to have a bullet button can use legally obtained Hi-Cap mags once its registered.

Since I'm gonna have to fill out all that paper work anyway, I figured I would do some research to see what exactly I CAN and CANNOT do before and after its registered.

-If registered as an NFA firearm, can I legally own another upper receiver in 6.8 or 300 BO? Or is the caliber and upper registered as well and I am limited?
-Once the law is passed and I am allowed the grace period, could I SBR or suppress the weapon since I'm going to pay the tax stamp anyway?
-If I wanted to change my stock or flash hider in the future, would the NFA registration conflict with my ability to alter the cosmetics or attachments?
-Since I will be able to use hi-cap mags, is there any legal way for me to obtain them or are they registered as well?
-Is there any other general advice or knowledge I should be aware of with NFA weapons?
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Last edited by Tom Servo; January 28, 2013 at 12:39 AM. Reason: Excised profanity
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Old January 27, 2013, 10:02 PM   #2
speedrrracer
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Any conclusion is premature. Bills get amended all the time. The final text may or may not resemble what you're now reading, and the bill itself may die in some committee and never reach the floor.

Also, in general, don't listen to employees at gun stores when it comes to legal advice. Those poor guys are besieged with FUD from all directions.
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Old January 27, 2013, 11:35 PM   #3
sigcurious
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First, I'd go check out what people are saying at calguns are saying. They'll have far more reliable information.

Second, I'd guess that whatever the gunshop guy was saying was only partial truth. The state of California can't just change the definitions in the NFA, and have you register your AR/get a tax stamp for it. I also really doubt given the way the current law is written about magazines, that they would rewrite it to allow new standard capacity mags. As it is currently written the only magazines that are grandfathered must have been possessed by you in the state of California before the original ban.

I'd guess the most likely truth is that they may reopen the state AW registry for items currently possessed that they now consider offensive.
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Old January 27, 2013, 11:44 PM   #4
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Yes your jumping the "Gun". Without knowing the bills final version no one can with 100% certainty know what will be legal or illegal. The only thing you know for sure is what is legal now.
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Old January 28, 2013, 12:39 AM   #5
Tom Servo
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I presume you're referring to Leland Yee's attempt to ban them. That died in Appropriation last fall. He may introduce it again this year, but Xfire is correct: we won't know anything until it's actually been proposed.
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Old January 28, 2013, 04:09 PM   #6
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Tom, Yee has reintroduced it this year, and as proposed it will ban sales of all new ARs unless they have a fixed internal mag--unless the bill is amended of course. Existing ARs will be grandfathered, but only if registered with the State (not under the NFA). Sig is correct that mags greater than 10 rounds will still be banned--the new law will not change that aspect of the old law, particularly since it applies to handguns as well. This is in addition to a law passed lst session that goes into effect 1/1/14 requiring all long arm sales to be registered as well as handgun sales. The only guns that will not be registered are non-AWs longarms purchased prior to that date, and whatever handguns that were purchased prior to the handgun registration law (date of which I don't recall). Further, California law requires all guns sales be subject to a background check. Now you know why Brady gives the state a perfect score...
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Old January 28, 2013, 06:29 PM   #7
Jayster
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One more choice.

Move.
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Old January 28, 2013, 06:45 PM   #8
Dr Big Bird PhD
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I see they would not be an NFA weapon, but it would be a state registry. Thank you.

Could I transfer out of state if I moved in a few years? It's not economically feasible right now.
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Old January 28, 2013, 06:52 PM   #9
sigcurious
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Quote:
Could I transfer out of state if I moved in a few years?
Clarify, do you mean: If you were to move in a few years would you be able to bring your possessions with you? or Would you be able to keep your possessions out of state in order to keep them without registration/confiscation/forced sale/whatever comes down the pipe, with the anticipation of moving in a few years?
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Old January 28, 2013, 07:21 PM   #10
Tom Servo
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Quote:
Move
That's a cop-out. It's unfair to expect someone to leave their home, job, and possibly their family.

Furthermore, if everybody left, who would be around to fight this stuff? California actually has a very active and effective 2A group, and their battles often have bearing on the national fight.
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Old January 28, 2013, 07:38 PM   #11
Dr Big Bird PhD
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Quote:
Clarify, do you mean: If you were to move in a few years would you be able to bring your possessions with you? or Would you be able to keep your possessions out of state in order to keep them without registration/confiscation/forced sale/whatever comes down the pipe, with the anticipation of moving in a few years?
The first. After registered with the state etc. I.E. I live in California until 2017 and then move after my long gun has been registered.
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Old January 28, 2013, 07:49 PM   #12
sigcurious
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Certainly, as long as they let you keep it in the first place, they can't force you to abandon your possessions when you leave the state. Now, if you wound up moving to NY or some other place where your possessions were prohibited, that's another story. You'd have to sell/transfer them, or store them outside your new state of residence. Friendly reminder, right here across the border in NV we're a mostly(handgun registration in Clark County) free state!
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Old January 28, 2013, 08:08 PM   #13
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I would be going to Arizona or Texas so I'm not worried about legality in the new state.
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Old January 28, 2013, 08:27 PM   #14
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Well dr big bird Texas has no such restrictions. Provided that feral law does not change it will stay that way. Anne Richards would not support concealed carry during her campaign for reelection. She lost badly to G.W. Bush whom shortly after being elected signed concealed carry law for the state.
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