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April 23, 2006
California AR-15s

I'm a bit behind the times on this, but an interesting convergence of court cases and federal firearms laws has created an interesting opportunity for California residents to legally acquire AR and AK type weapons. This is becoming an interesting protest piece:

First let me review the history of the various Assault Weapons bans. There were two in California and one in the USA. The 1994 Federal Crime Bill banned various assault weapons for average citizens. The law sunset in September of 2004. In 1989 California passed the AWCA or Roberti-Roos Act that banned a list of named assault weapons. One of those lists was a list of AR or AK type weapons. In 1999 SB23 was passed that then banned any centerfire rifle that has a detachable magazine and a pistol grip or any other so called "evil" features.

Enter a California Supreme Court case named Harrott v. County of Kings (25 P.3d 649 (Cal. 2001). This expanded on an earlier decision that required the DOJ to use a process spelled out in the law to add AR or AK type weapons to an existing list that was last promulgated in October 2000.

What this means is that a California resident can legally purchase a receiver or "lower" for an AR-15 as long as its make and model number are not on the current list.

Moving forward, the situation now sits that since the Federal Ban is gone there are lots of new manufacturers offering new models of AR type lowers. One can legally acquire one by purchasing a stripped lower so that it doesn't fall under the SB 23 restrictions as stripped lowers don't have a pistol grip but do have a removable clip. Then one acquires a 10 round clip (SB 23 says that a rifle is an assault weapon if it has a fixed magazine larger than 10 rounds.) There are now kits to modify the magazine release so that it takes tools to remove an installed 10 round magazine. Check this part of SB 23 to see the definition of whether a magazine is removable. Once the magazine is affixed one can add or have a pistol grip and a whole list of additional "evil" features. To reload, one installs a removable rear pin to break open the action and load 10 rounds with a stripper clip. After acquiring an off list lower those who want documentation of their legality can write the DOJ and get their response that shows that your make and model is not on the list and is thus legal and valid.

The most interesting thing here is that there is a 50-50 chance that DOJ will add many of these new AR makes to the list which will then allow one to register an Assault Weapon. Once registered there are no real restrictions on modification or evil features allowing recent purchasers to have licensed AR-15 like rifles in California.

An "Off-List" flier
Calguns.net Forum on AR/AK off list rifles

Hat tip to Brett and the guys at Calguns.net.

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