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Thread: Legal?

  1. #1
    Regular Member Gundude's Avatar
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    A friend of mine has a Tech 22 with a 30 rd clip that came with it and a 50 rd clip he bought for it. It also has a threaded barrel. I was purchased back in the 70's before all the restrictions came on line. Is it legal?
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

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    Regular Member wewd's Avatar
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    Is it a registered assault weapon? If so, then yes.

    Edit: I should clarify the AW laws for pistols. Here they are:

    12276.1

    (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:

    ...

    (4) A semiautomatic pistol that has the capacity to accept a detachable magazine and 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 his or her 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.
    If the pistol is not a registered assault weapon, then no, it is not legal in its current configuration.

    The Intratec TEC-22 is not an assault weapon by name (the TEC-9 is) so that's already in your friend's favor. But it has 2 evil features, the threaded barrel and the detachable magazine not located in the grip. If there was a way to install a magazine lock to make the magazine fixed, then it would be legal as long as the fixed magazine does not hold more than 10 rounds. He would not be able to use his standard capacity magazines with the gun. He would need a 10 round (or less) magazine if used with a magazine lock. If it's registered, then no problem. The magazines are legal to possess if they were possessed before January 1, 2000.
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    Regular Member mjones's Avatar
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    CalGuns.net also has a handgun-centric weapon flowchart.

    Here's a link http://www.calguns.net/caawid/hgflowchart.pdf

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    Never seen a 30 or 50 round clip.




    Have seen more than a few 30 round magazines though...

  5. #5
    Regular Member Gundude's Avatar
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    From Wikipedia....The detachable magazine is often referred to as a clip; the correctness of this usage has been the subject of debate for most of a century.
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

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    State Researcher HankT's Avatar
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    Gundude wrote:
    From Wikipedia....The detachable magazine is often referred to as a clip; the correctness of this usage has been the subject of debate for most of a century.
    Most people here know what you're referring to.

    I like the term 'magazine.' But when I hear ro read other people say 'clip,' it doesn't bother me. I know what they're talkin' 'bout.

    Let's face it, the best/acceptablenomenclature is not the main point of your original post. You've got an important question in there...



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    Regular Member 1Grizzly1's Avatar
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    I think it's interesting how so called assault weapons are classified as such based on nothing but aesthetics. If it looks like something the military might use or something out of a video game, it's an assault weapon.

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    30 years ago I bought a used Stevens .410 shotgun, in Missouri,with no serial number. About 15 years ago I cut the barrel down to 18 1/2 inches and cut the stock to a pistol grip. This was my home made "Snake Charmer".

    Recently I made an aluminum skeleton stock for it, and had a scope mount added.

    It now has a red/green dot scope and is ready to repell boarders with 3" magnum slugs.

    Is it legal without a serial number or will I have to engrave my CDL number on it?

    I added a sling for UOC. BTW it never had a serial number.


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    wewd wrote:
    12276.1
    (C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.

    Wait a minute. I thought California laws were ment to protect us. Here they are making laws so we will get hurt and burned.

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    If your shotgun does not have a manufacturers serial number, I would obtain documentation showing that the manufacturer never placed it on the gun, and keep it with the shotgun.

    If you can not get that , another option would be the following. The Calif penal code section 537e requires items have serial numbers from the manufactures intact ,and not covered up or filed down or obliterated. Their is no requirement that it has to be obvious upon casual inspection.You do not have to mar the gun with a hand engraver(or use your DL number which identifies you). You can have a very small metal plate stamped with any number or letter series( maybe including your address so it can be returned if stolen) for 10 bucks or less at most sign shops and rivet it(permanently attach) on the frame in a inconspicuous place, like under the butt plate that is not obvious to casual police inspection(preventing ID of yourself), but meets the letter of the law for having a serial number.

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    oc4ever wrote:
    If your shotgun does not have a manufacturers serial number, I would obtain documentation showing that the manufacturer never placed it on the gun, and keep it with the shotgun.
    Thanks. It's marked so it can be identified.

    Since it was made prior to 1968, a serial number wasn't required.

    If any CA official asks about it, I'll tell them "I don't need no steenkin' serial number."



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    Regular Member Gundude's Avatar
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    Army wrote:
    Never seen a 30 or 50 round clip.




    Have seen more than a few 30 round magazines though...
    You sound like my ex'wife. I asked her...."where do you want this orange blanket put"? She replies, "It's not orange, it's salmon.
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

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    You don't have to put a serial number on a gun if it was manufactured before serial numbers were required.

    The PC 537e that was referenced is only if the manufacture put a serial number.

    Also, IANAL, but it could also be argued that since the serial number on firearms are defined and controlled Federally and in other California PC that 537e is not controlling on firearms.

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    Gundude wrote:
    Army wrote: You sound like my ex'wife. I asked her...."where do you want this orange blanket put"? She replies, "It's not orange, it's salmon.
    LOL! Brings back old memories. If you were around San Diego County in the 1960s and 1970s you remember the "Salmon and White" Sheriff's patrol cars. When brand new they looked great, but after about 3 months in the sun they faded out to pink! Do you have any idea how tough you have to be to drive a pink patrol car!

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    My concern about putting a serial number or other identifying mark on a gun that does not have a serial number, is only regards to if it is stolen, and you want to PROVE it is yours. LE does not like giving back stolen guns to victims without serial numbers unless clear proof of ownership can be established, and won't work at all to find the victim with no serial number. For that matter, you could carve your initials on it somewhere, but the cops are not going to find you to return it. A lot of guns get stolen and few get returned to the rightful owner without an address or other means to find the victim is my point.

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