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#1 |
Junior Member
Join Date: December 4, 2010
Location: Huntington Beach, Kalifornia
Posts: 12
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Turning In a California Registered "Assault Rifle"
I've got an elderly friend that wants to turn in a California registered "Assault Rifle". (lower only)
(I was surprised that he had sold most of his other firearms without giving me a chance to buy one or two.) I called around for him but there seems to be a complete lack of local FFL's that deal with assault weapons for out of state sales. That wasn't a big surprise. Anyhow, he's not in good health and wants to turn it in and then de-register it. He doesn't want to burden his family with a visit by the Ca D.O.J. in the event he checks out early. (Do they do that?) There is a State of California de-registration form that he has since downloaded and filled out. This form indicates an option of turning in a firearm at the local police department and getting documentation from them to turn into the CA D.O.J. along with the de-registration form. However, he doesn't know if turning in just the stripped lower receiver is sufficient for the State of California. He doesn't have the rest of the rifle any more. I think he could. He can't turn in what he no longer has. Does anyone familiar with California law know if turning in the lower receiver is sufficient? It should be but I don't know with any degree of certainly. Thanks for any information or opinion that anyone has. |
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#2 |
Staff
Join Date: March 11, 2006
Location: Upper US
Posts: 30,086
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You would think surrendering the gun to the authorities would be enough, but CA operates under its own rules, and, apparently the DOJ doesn't talk to their own police....
Sorry I can't be of much help, right now I'm having pipe dreams of gifting it to Gavin Newsome or Nancy Pelosi.....or just specifically listing it in his will, so that when the time comes, his estate executor will be the only one "burdened"... ![]()
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#3 |
Senior Member
Join Date: November 25, 2012
Location: Cascadia
Posts: 1,356
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I dont know the answer but my guess is the lower only is fine, as I dont see how it wouldnt be.
Anyways, is it legal for a California resident to sell his registered "assault" rifle? Sell it maybe out of state?
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#4 |
Junior Member
Join Date: December 4, 2010
Location: Huntington Beach, Kalifornia
Posts: 12
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It is legal to sell it out of state through a californa dealer with a special license to handle "Assault Weapons" if you can find one It's not worth the money and hassle.To even have repairs done in this state to a registered "Assault Weapon" is just as difficult and if you do the owner of the firearm would have to be there while it was being repaired! Nobody wants to deal with these weapons and I don't blame them. I don't blame people in other states refusing to do business in California as well. California is good at creating uncertainty in this state. Thanks for the responses.
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#5 |
Senior Member
Join Date: November 4, 2013
Location: Western slope of Colorado
Posts: 3,790
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Also that “Assault Rifle” receiver, once it's out of Calif, is just another AR lower receiver. Ive seen lowers at such low pricing, it just doesn't make sense to buy it from Calif.
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#6 |
Senior Member
Join Date: November 25, 2012
Location: Cascadia
Posts: 1,356
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What about selling it inside the state, to another resident? Wouldnt it have its own value within Californias community?
I guess to me, if one was at the point of just surrendering it to the state at a loss of the cost, then literally sell it for a penny to someone whos legal to own it anyone would jump on that chance and I would feel better for not letting the state win this round.
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#7 | |
Staff
Join Date: March 11, 2006
Location: Upper US
Posts: 30,086
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Quote:
They were generous enough to allow current owners to retain their property, but that's it. And, fwiw, after failing to be passed multiple times in the legislature, it was turned into a voter initiative. It passed, but only in the 5 counties of the Sea-Tac metro area. However, there were enough votes for it there to make it law for the entire state. This, people, IS democracy in action. It's also the death of our rights, and the tyranny of the many. 3 wolves and a sheep voting on what to have for dinner is democracy, but its not so good for the sheep, especially disarmed "sheep". don't worry about the various talking heads bemoaning "the death of democracy" worry about wealthy agenda driven people manipulating democracy causing the death of our rights. It's been done, and still being done.
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#8 |
Senior Member
Join Date: November 25, 2012
Location: Cascadia
Posts: 1,356
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Except the US isnt a democracy and Washingtons and Californias laws are unconstitutional.
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#9 | |
Staff
Join Date: March 11, 2006
Location: Upper US
Posts: 30,086
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Quote:
His reply was "A Republic, IF you can keep it." However, few seem to remember that, these days and nearly all discussion focuses on democracy, not on the fact that our nation is a democratic REPUBLIC. There is a difference. All laws are Constitutional, until/unless a court with the authority to do so strikes them down. I don't know about CA, but I do know the WA laws have challenges filed against them, but they have been put "on the back burner" by the govt and it will almost certainly be many more years before the courts get around to hearing them. I have a hope that SCOTUS will strike down such laws, for everyone, but I'm not holding my breath,
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All else being equal (and it almost never is) bigger bullets tend to work better. |
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#10 |
Senior Member
Join Date: November 20, 2008
Posts: 11,299
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Can't he just sell off the parts and then have someone destroy the lower receiver? I would agree, the receiver is not worth saving - commonplace items in the rest of the free states.
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#11 | |
Staff
Join Date: March 11, 2006
Location: Upper US
Posts: 30,086
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Quote:
From the OP, the rest of the parts are already gone. All he has is the stripped lower. CA apparently has a form that must be submitted, along with proof from the police that the registered "assault weapon" has been turned in, or they will not "de-register" (is that even a word??) it and strike it from their lists. His concern is that the CA DOJ might not be satisfied with just the stripped lower, and might, after his passing, give his family grief while they are searching for the weapon that has already been turned in,,,, This SHOULD not happen. Fed law says that the serial# part (in this case the lower receiver) is the firearm, with, or without other parts attached, for all legal purposes. The state of CA SHOULD recognize this and operate the same way. The concern is that the various bureaucratic "kingdoms" within the state govt will not do that. The possibility of some civil servant seeing the registration is for a rifle, and what got turned in is obviously only part of a rifle, so in their eyes, the law is not being complied with and they will institute legal action because of their own personal ignorance. It shouldn't happen, but its not impossible. ![]() Best advice I can think of, not being expert on CA laws and agency functions is to contact someone who is. A lawyer with expertise in CA firearms law. I think that (outside of the cost) the best thing would be to get a CA lawyer, and have them turn in the lower, handling all the required paperwork, and ensuring all the "i" are dotted and the "t"s crossed. I think it would also be a good idea that copies of all relevant documents be kept, and attached to his will, so his estate executor can show them to the DOJ if needed. His family should not be bothered because some undereducated desk jockey at a state agency sics the dogs on them because he/she/it made a mistake and didn't understand things well enough to do their job properly. Valid documentation from the state that the law was complied with will nip that in the bud, and THAT is what you pay lawyers to ensure happens.
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#12 | |
Senior Member
Join Date: December 13, 2005
Posts: 4,552
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Quote:
Estate planning is a large part of my firm's practice. When I take possession of an NFA item and I can't find a stamp for it, I contact the BATF. When no stamp has been paid, they call and ask me to destroy it, which I then do. Sometimes a decedent may have a stamp but no firearm, or the family may think he had one, but none turns up.
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#13 |
Senior Member
Join Date: October 27, 2010
Location: Lakeland,TN
Posts: 225
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All this is shear nonsense-
California should be ashamed of itself for putting its residents through such idiotic crap- This is what happens when bureaucrats and Democrats run everything- These politicians could screw up a bar of soap-illegal to put on a rope-someone may hang themselves-
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#14 | |
Senior Member
Join Date: December 13, 2006
Location: Body: Clarkston, Washington. Soul: LaCrosse, Wisconsin
Posts: 1,594
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Quote:
Sarcasm is my therapy, sorry...
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#15 |
Senior Member
Join Date: September 2, 2011
Posts: 997
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Resurrected thread, sort of. But if it were me and all I had was the used stripped lower (worth about, what, $50?), I'd take a sledgehammer to it and bury it in the back yard. Either that, or make a cigarette lighter out of it.
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#16 |
Staff
Join Date: September 25, 2008
Location: CONUS
Posts: 18,830
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Did you miss the part about "registered"? If you get rid of something that's registered, you want to be certain there's a paper trail to disassociate yourself from said item. The sledgehammer and shovel won't cut it.
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#17 |
Senior Member
Join Date: April 3, 2011
Location: SouthEast AK
Posts: 142
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I'd never turn it in or give it to the State. I'd bandsaw it in half, take a picture and save that, and toss the parts in the ocean to deny them any use or sales of it.
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#18 | |
Staff
Join Date: March 11, 2006
Location: Upper US
Posts: 30,086
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Quote:
The way things seem to get twisted in CA law, it might be possible that actually destroying the receiver and keeping proof, MIGHT get you into difficulty for "destroying evidence". OF course, it shouldn't BUT...... Photographic proof is not the proof it once was.
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All else being equal (and it almost never is) bigger bullets tend to work better. |
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#19 | |
Senior Member
Join Date: November 20, 2007
Posts: 448
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Quote:
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#20 |
Senior Member
Join Date: April 10, 2012
Location: San Diego CA
Posts: 6,996
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I agree with others , the problem is that it is registered. CA knows it’s a long gun with full description AND photos submitted . The question I have is did he register it as an assault weapon or is it the standard registration that all long guns automatically get when originally purchased?
I ask because a stripped lower is not an assault weapon . It has NONE of the things needed to identify it as such . First and foremost is that it is not a semiautomatic or single shot because it does not have an upper receiver attached . It does not have a pistol grip , barrel shroud, flash hider and the list goes on . So back to my original thought , if registered with descriptions and photos then he needs to de-register it and turn it in or simply turn it in to DOJ . If just the standard registration of a stripped lower that all long guns get when purchased . You can sell that just like any other firearm because it does not meet the definition of an assault weapon . I am not a lawyer and the above is just my understanding of current law which I’ve not looked at in a couple years .
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#21 |
Senior Member
Join Date: September 9, 2009
Location: South Carolina
Posts: 116
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Check out Lock, Stock, & Barrel auction Company, I think have or had, a branch in California and should be able to assist.
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