Justplainbill's Weblog

August 24, 2016

California and your right to self-defense

Wherever you stand on the issue of gun control, it is important to be well informed. While it is difficult to say how many registered gun owners there are in Sonoma County we do know that recent sales of firearms to have gone up as more restrictive laws are set to go into effect. It is important to stay informed as to prevent law abiding gun owners from unknowingly breaking new laws. Here are some of the changes in the law.

It is important to mention that these laws are not set in stone 100% as VetoGunmageddon.org is working to obtain enough signatures to veto Gov. Browns new bills and put them on the ballot this November.
SB 880 and AB 1135

Together, these new laws reclassify the definition of “assault weapon” and “fixed magazine” as:

(1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has 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 does not have a fixed magazine but has 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 the bearer’s 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) For purposes of this section, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.

Practical Impact:

Not much has changed other than the definition of the “Fixed Magazine”. New law defines fixed magazine as requiring the disassembly of the firearm action prior to removal of the magazine. This means that firearms with the features listed above combined with a ‘Bullet Button” is no longer legal for possession or transfer/sale. California has also allowed firearms that have been made illegal per the new bills to be registered as assault weapons and allows you to keep them if owned prior to January 1, 2017. However, once registered, you may not sell it or transfer it within California.

If you currently own one of these firearms or own them before January 1, 2017 than your options are as follows:

A. Register it as an assault weapon with the California Department of Justice. (Method of registration is still to be determined.)
B. Remove the firearm from the State of California.
C. Modify the firearm in a way that restricts removal of the magazine unless the firearm action is open.
D. Modify the firearm so that it does not have the features listed above.
E. Surrendered the firearm law enforcement for destruction.

Questions:

Can I buy the firearm out of state and bring it into California? No, unless the firearm cannot be classified as an assault weapon per the new laws.

Can I later sell my registered assault weapon? No, unless you modify the firearm in a way that it no longer meets the definition of an assault weapon per the new laws and notify the California Department of Justice that the firearm is no longer and assault weapon.

Can I bequest my registered assault weapon to my children when I die? No, once you die, the firearm must be turned in to law enforcement for destruction.

Can I sell my registered assault weapon out of state? Yes, however the legal methods of getting the firearm out of state varies and can potentially be a felony if done incorrectly.

Can I put the registered assault weapon into a trust and pass it down that way? No, California does not recognize Trusts as gun owners.

Date the law goes into effect: January 1, 2017

Latest Date to register as an assault weapon: January 1, 2018
AB 1511

New regulations around loaning firearms.

Practical Impact:

Bans loans of longer than 3 days and loans for other than lawful purposes.

Questions:

Can I still handle that gun at the gun shop? Yes

Can I still rent a gun at the range? Yes

Can I loan a gun while I’m personally still present? Yes

Exemptions: May loan to Parents, children, spouses, siblings, grandparents, or grand children so long as no longer than 30 days, and done so infrequently.

Date the law goes into effect: January 1, 2017
AB 1695

Created a 10-year firearm prohibition for someone convicted of falsely reporting a lost or stolen firearm.

Practical Impact:

Makes it a crime to falsely report lost or stolen firearms.

Date the law goes into effect: January 1, 2017
SB 1235

Places restrictions on the purchase / importation of ammunition in California and would require the attorney general to keep records of purchases and background checks to be conducted prior to purchasing ammunition. This legislation would further require any online ammunition sales to be conducted through a local licensed vendor.

Practical Impact:

You would not be able to purchase ammunition online and have it shipped directly to you. Instead, you would purchase the ammunition online, have it shipped to a licensed dealer in California whom can conduct a background check on you prior to releasing the ammunition to you. It has still not been determined what the process or fees will be nor how long it will take.

Questions:

Am I exempt if I have a C&R License with a COE? – Yes!

Can I buy ammo out of state and bring it in? – No, you are allowed a few small exemptions for hunting and shooting at matches, but can return with no more than 50 rounds .

Does it include reloading components? – Yes, “ammunition” includes, but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence. “Ammunition” does not include blanks.

Can I sell ammo to my friend? – No, private sales of ammo must go through a licensed dealer.

Date the law goes into effect: January 1, 2018
SB 1446

Banned the simple possession of ammunition feeding devices/magazines that are capable of holding more than 10 cartridges.

Practical Impact:

Prior magazine bans did not ban the possession and now it does. This means all magazines with the ability to hold more than 10 rounds, even magazines that were grandfathered in and owned before January 1, 2001, are now illegal.

Questions:

What are my options if I already legally own magazines that hold more than 10 cartridges? Your options include: 1) Turning in to Law Enforcement / exempt dealer, 2) Sell out of state or to an exempt person / dealer, 3) remove the magazines from California, or 4) modify the magazine permanently so that it may not accept more than 10 cartridges.

What if I am caught with a magazine that has the ability to hold more than 10 cartridges? The penalty is an infraction which will usually carry a fine. The law also authorizes confiscation of the magazine. You should also contact an attorney as there are usually other firearm based charges that may follow.

Is Law Enforcement exempt? Yes, active and retired law enforcement officers are exempt, even for their personal property.

Can I just take apart my magazines of greater than 10 rounds? The law is not clear on when parts become a magazine. However, you should contact an attorney before attempting to disassemble your magazines.

Are there any other exemptions? Yes, If you have a firearm for which you owned a magazine and no 10 round magazine is available, you may keep that high-capacity magazine. However you should contact an attorney to assist in compliance.

Are magazines that look like 30 round magazines but only hold 10 rounds also known as “10/30’s” banned? No, 10/30’s are not affected so long as they are permanently modified to only hold no more than 10 rounds.

Date the law goes into effect: January 1, 2017
AB 857

Requires unique identification for all firearms and uncompleted receiver blanks that are readily able to be converted to a functional firearm.

Practical Impact:

All firearms legally manufactured from 80% blanks as well as all other firearms legally manufactured by unlicensed individuals must have unique identification engraved into the firearm. This means that if you have ever built a firearm from an 80% receiver, it must be engraved with unique identifying information. If this information is not engraved into the firearm by January 1, 2018 than you must request a unique serial number from the California Department of Justice. In order to manufacture a new firearm after January 1, 2018 you must First request a serial number from the California Department of Justice prior to beginning manufacture. This applies to all firearms manufactured after 1968 and is not a handgun. “Firearm” now includes the unfinished frame or receiver of a weapon that can be readily converted to the functional condition of a finished frame or receiver more commonly known as an 80% receiver. Yu may no longer purchase an 80% receiver in California unless done through a Licensed firearms dealer who voluntarily manufactures it by engraving their manufacture information.

Questions:

Can I sell a firearm I manufactured after I have engraved the serial number and other information on it? No.

Do I have to put my name as the manufacturer? Yes, this is a federal requirement when serializing.

What Model is my firearm? You can choose this to be whatever you like!

What serial number can I choose if I serialize before January 1, 2018? You can choose any serial number you like, but it must be in English and must contain numbers.

So what are my options again?

If no serial number is engraved on the firearm prior to January 1, 2018, you must apply to the California Department of Justice for a unique serial number to be engraved. If manufacturing after January 1, 2018 you must request the unique serial number prior to manufacturing the firearm.

If you plan on serializing your own unique information prior to January 1, 2018 you must inconspicuously engrave your first and last name, the city and state in which you manufactured the firearm, the model designation of the firearm, the caliber, as well as a unique serial number.

These new laws are all highly technical and you may suffer severe consequences such as felony charges as well as losing firearm ownership rights for life if convicted. It is highly recommended that you consult an attorney prior to taking any firearm related action.

Categories: Criminal Defense, Murder and you can count on the little toes of your left foot how many criminals follow the law!

Advertisements

Leave a Comment »

No comments yet.

RSS feed for comments on this post. TrackBack URI

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Blog at WordPress.com.

%d bloggers like this: