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Non-SASS: question on California gun laws


Fort Reno Kid

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Howdy to my Pards in California 

 

Question for you on California gun laws.  Actually two.  I’m a resident of the Republic of Texas.  My son resides (I say this tongue-in-cheek; no offense intended) in The  People’s Demokratik Republik of Kalifornia). I love visiting San Diego but am firmly rooted where I am. I’m getting longer in the tooth and have started “thinning the herd “ as regards my shootin’ irons.  The irons with family connections and sentimental value are going to family members.

 

1st Question: is a US Carbine caliber 30 M1 legal in the state of California?  I ask because its issue magazine holds 15 rounds and there are 30- and 40-round magazines available.  To the best of my knowledge it cannot be permanently modified to hold less than 10 rounds ... and who would want to do so? Is there an exception for it due to its age and antiquity (dated 1944 on the barrel)?  Hate to give it to my son if it renders him in violation of the law.

 

2nd question:  is a US M1 Garand legal in California?  I’m hoping it’s on firmer ground as it takes an en bloc clip of 8 rounds and cannot, to best of my knowledge, be modified to take magazines or whatever with greater than 8-round capacity.

 

In the “eat your heart out” category, the Carbine was purchased in the 1960’s from the Director of Civilian Marksmanship for $18 plus $8 shipping The Garand was purchased from the Civilian Marksmanship Program for $275. 

 

Also have a DCM 1903A3 Springfield (1960’s DCM; $10 plus $10 shipping) and am assuming (correctly?) that its age and fixed 5-round capacity would not run it afoul of California law.

 

My son and I had wonderful times with these historic and very shootable irons and I’d like to be able to pass them on.

 

Would appreciate your thoughts.

 

Thanks and Adios 

 

Fort Reno Kid 

 

 

 

 

 

 

 

 

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The M-1's are legal but you cannot bring in the magazines if they hold over 10 rounds.  You may have to remove a bayonet lug if it has one as it is a California evil feature.  The Garand is 100% good to go.

 

 Check out the DOJ site to be sure.  

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35 minutes ago, Boggus Deal #64218 said:

I would go to the California DOJ website and look at the actual laws. While everyone here is well meaning and likely knowledgeable, I would not take anyone’s word on It.

The best advice there is.

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Does Kalifornia hold to the old assault gun ban (no more than three evil features) or is it illegal with any of the heinous features i.e. a bayonet lug, such as may be on an M! Garand?

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When you call them be sure to ask whomever you talk to for their name and ask them to spell it. It is amazing how many people switch from spouting off what they think vs what they know when they discover that you are taking accurate notes.

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Is there any kind of a C&R exemption in California?   All three guns would be C&R, and if you son has the said licence that may simplify things.  WITH the proviso that unless California has done something to render the C&R meaningless the way NJ and NY have, and the way Massachusetts was until very recently ambiguous on it.

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The C&R license is of little use here in CA unless you also have  COE, Certificate of Eligibility issued by the state. Attached is a summary taken from the Calguns website detailing the advantages of having these two documents in the Golden State. COE is not too difficult 7950D2D2-84DA-4D5D-8292-B32829685430.thumb.png.1d6bc9d0b978147638d39781caa2dea9.pngto obtain, see the state Dept of Justice website for  details.  This page has been updated a number of times to keep up with ever changing laws and as far as I know it’s accurate. 

 

Seamus

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9 hours ago, The Rainmaker, SASS #11631 said:

Does Kalifornia hold to the old assault gun ban (no more than three evil features) or is it illegal with any of the heinous features i.e. a bayonet lug, such as may be on an M! Garand?

Now it's one evil feature with a detachable magazine.  The Garand only can hold eight and has a clip so is 100% legal.

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There are some guns such as the Ruger 1911 that are not allowed to be manufactured or sold in CA.
However it is 100% legal for somebody in Texas to gift you with a Ruger 1911.
It comes in to your FFL like every other transaction and classified as a gift, and "used".

The CA DOJ is the authority, and the rules are in constant flux.
CA also makes an exception for 22 lever guns that hold more than 10 rounds in the tube.
My Henry Frontier holds 16, and is still on the exempt list.

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Jailhouse Jim is right about the CURRENT over-10-round-magazine-issue in California - BUT if you do Google it be sure to check the date of the ruling you find. It's been a bouncing ball in California. The rule was passed about a year and a half ago, then about six months ago it was rescinded for about a month or so (where there was a buying spree on high-capacity magazines) and then that injunction was thrown out again, so we're back to high-capacity magazines being illegal. You can get a 10-round mag for the carbine.

RR

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Howdy again, Pards

 

And multi-thanks for all the good input.  A few things come to mind:

 

Took a look at the Carbine and, surely enough, it has a bayonet lug.  The Garand and 1903A3 have bayonet lugs too.  I’m about as enthusiastic about making permanent (and damaging) modifications to 100% authentic military weapons as I am desecrating our beloved flag.

 

I’ve come to the conclusion that my son needs to consult and then retain a 2nd Amendment-friendly lawyer and have him/her thoroughly research the matter.  I know, I know ... a 2nd Amendment-friendly lawyer sounds like a contradiction in terms but even in TPDRofK there must be a few of ‘em ... or at least one.

 

Hmmm ... wonder if he and I will need to go thru background checks before completing the transfers? That may or may not be a joke.

 

Thanks again and Adios 

 

Fort Reno Kid 

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The bayonet lug is not an “evil feature” under California’s Assault Weapons law; unaltered M1 carbines are legal here.  Also, regarding the law forbidding magazines holding more than 10 rounds, it is currently subject to litigation.  Right now, such magazines owned prior to the original prohibition from the 1990s continue to be legal to possess as they were grandfathered under that law. The new law which purports to make such grandfathered magazines illegal was ruled unconstitutional by a federal judge. Magazines purchased during the time between the judge’s ruling and the state’s appeal (only about a week or so but apparently many, many thousands of mags) also are currently legal to own.  This magazine situation could all change if the state eventually prevails and the new law is upheld.  As you can see it’s all incredibly complicated and consultation with knowledgeable legal counsel is warranted. I’d expect the lawyer to say that it is legal to bring the carbine into the state but not any magazines exceeding 10 rounds. Also that any such importation is subject to limitations and paperwork requirements same as with any firearm brought into California.  

 

Seamus

 

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CRPA and Calguns are a big help but we have to pay attention to what the Libitards in Sacramento are doing hour by hour.  It's unfortunate that Marin and LA Counties have the population to dictate to everyone else because much of the state is conservative.

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Marin is full of rich hippies, but is a very small population, same as Sonoma county.
I lived in both for years.

The San Francisco Bay area is the hotbed of liberal votes, along with San Diego and Los Angeles.

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39 minutes ago, bgavin said:

Marin is full of rich hippies, but is a very small population, same as Sonoma county.
I lived in both for years.

The San Francisco Bay area is the hotbed of liberal votes, along with San Diego and Los Angeles.

Probably should have said Bay Area to be most accurate.❄️

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Just interested....if a Ruger 1911 is illegal to purchase new in CA, how does an FFL do a transfer from one out of state. If you think CA gun laws are terrible, visit MA!......To buy a plastic shotgun wad or any other reloading components you need to take a minimum 4hour safety course, apply for a permit from your local police chief, pay $100 and wait a couple months for approval. And nearly all SAA revolvers from ALL manufacturer are illigal except for a very few models of Ruger.

 Hard to play cowboy here.

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My understanding about the Ruger 1911 that is banned here in CA... is banned from "sale" and "manufacture."
This means if somebody gifts you a used gun from Texas, your FFL here in CA can receive it legally.

The key is sold "new" or "manufactured."

I'm not a DOJ lawyer, nor do I plan one on TV.
This would have to be fully vetted, but it is how I understand their wording.

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