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can someone explain to me the whole pre-ban deal with ar-15 type rifles?

Discussion in 'The Lounge' started by dysphemism, Jul 24, 2003.

  1. dysphemism

    dysphemism 1/2 ton status

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    I am looking into purchasing an AR-15 type rifle. I want to get a pre-ban rifle so I can have the collapsable stock and bayo lug. At the same time, the new M4 type upper receivers are awesome, with the removeable carry handle, so I would be able to mount a dot sight on it, and put a foregrip. Now, I have looked at a rifle that is a pre-ban m4, so it has the best of both worlds. It has the bayo lug, flash hider, collapsable stock, m4 barrel, removeable carry handle. Now my question is, is that even legal in CA? I know that the m4 came out after the ban on assault rifles, so I am curious about this. Can anyone enlighten me on the whole pre-ban rules in CA?
     
  2. 4X4HIGH

    4X4HIGH 1 ton status Premium Member GMOTM Winner

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    I can tell you that the AR-15 is not legal here anymore.
     
  3. dysphemism

    dysphemism 1/2 ton status

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    ahhhhh, well that sure answers my question! When did this happen?
     
  4. Bubba Ray Boudreaux

    Bubba Ray Boudreaux 1 ton status

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    Re: can someone explain to me the whole pre-ban deal with ar-15 type rifles

    If the weapon was bought before the ban went into effect, then that weapon is still legal here which means there are legal privately owned AR-15s in this state.

    As for your question, I'd lay money to say illegal, knowing the state; but your best bet is to go to a gun dealer and ask.
     
  5. 70~K5

    70~K5 1/2 ton status

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    Re: can someone explain to me the whole pre-ban deal with ar-15 type rifles

    [ QUOTE ]
    If the weapon was bought before the ban went into effect, then that weapon is still legal here which means there are legal privately owned AR-15s in this state.

    As for your question, I'd lay money to say illegal, knowing the state; but your best bet is to go to a gun dealer and ask.

    [/ QUOTE ]

    If you bought your AR15 type rifle and registered it before the Kali ban it's still legal. Other wise you can't buy-own one now. Any new semi-auto with a pistol grip is out.
     
  6. Desert Rat

    Desert Rat Fetch the comfy chair

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    Go here: http://www.mynra.org Click on Politics and Legislation. Then click on Frequently Asked Questions on the left side. Then click on State Gun Laws. Then go to California and they have a good description of the Assault Weapons laws.
     
  7. dysphemism

    dysphemism 1/2 ton status

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    Ok cool man thanks, I'll do my homework.
     
  8. dysphemism

    dysphemism 1/2 ton status

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    That's pretty harsh, looks like no AR-15 for me. Are miniguns still legal?
     
  9. Desert Rat

    Desert Rat Fetch the comfy chair

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    I think it's pretty much been narrowed down to slingshots, water balloons and sharp sticks.... /forums/images/graemlins/angryfire.gif
     
  10. outlaw612

    outlaw612 1/2 ton status

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    Nope, sharp sticks are out. Only water guns with orange yellow and flourescent green are allowed.
     
  11. Desert Rat

    Desert Rat Fetch the comfy chair

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    Uh oh, better load them into my safe along with my other....ah.....stuff.....
     
  12. scrappy88

    scrappy88 1/2 ton status

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    There's supposed to be a CA-legal version of the AR-15. It has the same look and pistol grip, but does not have a detachable clip. It's got a 10 round fixed clip that you have to load from the top one at a time or with stripper clips. Takes all the fun out of it. /forums/images/graemlins/frown.gif
     
  13. Z3PR

    Z3PR Banned

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    Re: can someone explain to me the whole pre-ban deal with ar-15 type rifles

    Here in South Dakota, are pretty cool. Sorry about all the sh*t you guys in Ca. have too suffer with. [ QUOTE ]







    South Dakota



    A synopsis of state laws on purchase,
    possession and carrying of firearms.

    CAUTION: State firearms laws are subject to frequent change, and furthermore, are subject to court interpretation. Therefore this pamphlet is not to be considered as legal advice or a restatement of the law. To determine the applicability of these laws to specific situations which you may encounter, you must consult a local attorney licensed to practice law in your State. In addition to state laws, the purchase, sale, possession, use and transportation of firearms is also regulated by federal and, furthermore, by local laws. This pamphlet does not include or address federal and local laws. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.
    This may be reproduced. It may not be reproduced for commercial purposes.

    QUICK REFERENCE CHART
    Rifles and Shotguns
    Handguns

    Permit to Purchase
    No
    No*

    Registration of Firearms
    No
    No

    Licensing of Owners
    No
    No

    Permit to Carry
    No
    Yes**

    *48-hour waiting period. Police recordation is made of purchases from dealers.
    **A permit is required to carry concealed. Concealed means totally hidden from view.

    STATE CONSTITUTIONAL PROVISION

    "The right of the citizens to bear arms in defense of themselves and the state shall not be denied." Article VI, Section 24.

    PURCHASE

    No seller may deliver a pistol to a purchaser until 48 hours have elapsed. A person with a valid carrying permit shall be exempt from the 48-hour waiting period. When a pistol is delivered it must be unloaded and securely wrapped.

    The buyer must complete an application to purchase a pistol if he does not possess a valid carrying permit. The seller must within 6 hours, mail or hand deliver the application to the police chief of the municipality or sheriff of the county of which the purchaser is a resident. The duplicate shall be returned to the seller by the police chief or sheriff and the original shall be retained by him for a period of one year.

    It is unlawful to knowingly give, loan, or sell a firearm to any person who has been convicted of a violent felony within 15 years of his discharge from prison, jail, probation or parole.

    POSSESSION

    No state permit is required to possess a shotgun, rifle or handgun.

    A person under 18 may not possess a pistol. This prohibition does not apply when a minor has the consent of his parent or guardian and was in the presence of his parent or guardian and was on premises owned or leased by him or his parent, guardian or immediate family member; the minor was in the presence of a licensed or accredited gun safety instructor, or was using the pistol for farming, ranching, trapping, target shooting, or gun safety instruction.

    No person shall possess a firearm on which the manufacturer's serial number has been changed, altered, removed or obliterated. This does not apply if the owner or possessor of the firearms has applied for a new serial number with the director of criminal investigation.

    No person who has been convicted of a crime of violence shall possess or have under his control any firearm. Crimes of violence include the following crimes or attempts to commit or a conspiracy to commit them: murder, manslaughter, rape, aggravated assault, riot, robbery, burglary, arson, kidnapping, and any other felony in the commission of which the perpetrator used force or was armed with a weapon. This does not apply to a person who was last discharged from prison, jail, probation or parole for a crime of violence more than 15 years prior to the commission of this offense.

    It is unlawful to possess a loaded firearm while intoxicated.

    CARRYING

    No person shall carry a pistol concealed in any vehicle or concealed on or about his person, without a license to carry. The issuing authority for a permit to carry is the chief of police of a municipality or the sheriff of a county.

    The permit shall be issued if the applicant is at least 18, has not been convicted of a felony or crime of violence, is not a habitual drunkard or drug user, has no history of repeated acts of violence, and is not currently adjudged mentally incompetent or has not been found in the previous 10 years to be mentally ill. A temporary permit to carry shall be issued within 5 days of application to a person who satisfies the above standards. The original copy of an application for a permit shall serve as the temporary permit until the permit is issued. All permit denials may be appealed to the circuit court.

    The permit is valid for 4 years. The fee for a permit to carry is $6.00.

    A permit is not required to carry an unloaded handgun if it is carried in the trunk or other closed compartment of a vehicle or if it is in a closed container which is too large to be effectively concealed on the person or within his clothing. This container may be carried in a vehicle or in any other manner.

    A permit is not required to possess a handgun in one's dwelling house or place of business or on land owned or rented by him or by a member of his household.

    It is lawful to carry a loaded shotgun or rifle in a car or truck.

    ANTIQUES AND REPLICAS

    An "antique firearm" is defined as any firearm, including any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system, manufactured before 1899 and any replica of a firearm if such replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition or uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the U.S. and which is not readily available in the ordinary channels of commercial trade.

    The weapon laws of South Dakota are not applicable to antique firearms or those firearms which have been permanently altered so they are incapable of discharge.

    CONTROLLED WEAPONS

    The term "controlled weapon" is defined to include machine guns, silencers, and short shotguns.

    No person shall possess a controlled weapon unless he:

    1. is a law enforcement officer or member of the armed forces of the U.S. or of the South Dakota National Guard acting in the lawful discharge of his duties;
    2. has a valid state or federal license or has registered the weapon with the proper authority;
    3. possesses the machine gun briefly after having found it or taken it from an aggressor.

    MISCELLANEOUS

    Any person who commits or attempts to commit any felony when armed with a firearm shall receive a minimum sentence of 5 years for a first conviction and 10 years for any subsequent conviction. The court shall not place on probation or suspend the sentence of any person convicted of such armed offense.

    It is unlawful for any person to recklessly discharge a firearm.

    No person shall set a device designed to activate a weapon upon being tripped or approached and leave it unmarked or unattended by a competent person.

    No person, other than a law enforcement officer, shall carry, have in his possession, store, keep, leave, place or put into the possession of another person, any firearm or airgun, whether or not the firearm or airgun is designed, adapted, used or intended primarily for imitative or noisemaking purposes, on any school premises, in any school vehicle, or in any vehicle used by the school or for school purposes, in any school building or other building or premises used for school functions, whether or not any person is endangered by such actions. This does not apply to starting guns while in use at athletic events, firearms or airguns at firing ranges, gun shows, and duly supervised schools or sessions for training in the use of firearms. (This section does not apply to the ceremonial presence of unloaded weapons at color guard ceremonies.)

    It is unlawful for a person other than a law enforcement officer or a conservation officer to operate or ride any snowmobile with a firearm in his possession unless the firearm is completely unloaded and within a carrying case which encloses the entire firearm. (The same is true of motorcycles, except that a person with a concealed carry permit may carry a pistol on a motorcycle.)

    Persons crossing the state game preserve or any game or bird refuge upon any public highway may carry a firearm provided it is enclosed in a case and not removed therefrom while in the preserve. A bona-fide resident within any game preserve or refuge in the state may carry firearms for the purpose of killing nongame and predatory animals on his own premises and may kill nongame and predatory animals or birds on his own premises within any game preserve or refuge.

    No local government may enact a law pertaining to the possession, transportation, sale, or transfer of firearms and ammunition.

    It is unlawful to possess a firearm in a courthouse.

    Firearms manufacturers, distributors, and sellers are not liable for injury caused by firearms because of use of the firearm by another. The potential of a firearm to cause serious injury, damage, or death as a result of normal function does not constitute a defective condition of the product.

    SOURCES:

    SOURCES: S.D. Codified Laws ss 7-18A-36, 8-5-13, 9-19-20, 13-32-7, 22-1-2, 22-14-5 et.seq., 23-7-1 et.seq., 32-20-6.6, 32-20A-11.

    [/ QUOTE ]
     
  14. TXsizeK5

    TXsizeK5 1/2 ton status

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    Re: can someone explain to me the whole pre-ban deal with ar-15 type rifles

    Ya, that sucks for ya'll cali folks. /forums/images/graemlins/rotfl.gif
     
  15. Skigirl

    Skigirl 1/2 ton status

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    Re: can someone explain to me the whole pre-ban deal with ar-15 type rifles

    [ QUOTE ]
    When did this happen?

    [/ QUOTE ]
    Went into effect Jan 1, 2000. AR -15's, Tec 9's, AP 9's, Glocks without safety, other semi auto that I can't recall at the moment became illegal. Gun sales in CA skyrocketed during the last quarter of 1999. I helped.
     

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