Skip to comments.Need gun advice
Posted on 05/13/2012 11:24:28 AM PDT by MistrX
Is my gun legal?
M1 carbines are legal in calif., for now at least. The mags are another matter, no mags over 10 rounds.
Rifles and Shotguns
Permit to purchase rifles and shotguns? No
Registration of rifles and shotguns? No
Licensing of owners of rifles and shotguns? No
Permit to carry rifles and shotguns? No
Yes, M1 Carbines are still legal in CA. You can look up on line all the CA gun laws and which weapons are restricted, there is a sh** load of them listed as “assault weapons”, mainly based on their looks.
I hate to bring gloom to the party but its just a matter of time before the nannies make it illegal in CA.
I think the mag restriction only applies to weapons made after a certain date, other wise they would have had to grandfather the law and I believe that is illegal. It wouldn’t hurt for MistrX to check on line to see if this is the case or not.
My advice: Get the Hell out of Kalifornia.
... but the “full auto” switch is still kind of iffy, right?
What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction?
When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are “same-State” residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S. C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.
There may be State or local laws or regulations that govern this type of transaction. Contact State Police units or the office of your State Attorney General for information on any such requirements.
Please note that if a private person wants to obtain a firearm from a private person who resides in another State, the firearm will have to be shipped to an FFL in the buyer’s State. The FFL will be responsible for record keeping.
Auto-Ordnance/Kahr arms currently produces repro M1 Carbines and makes a “California” version: No bayonet lug, and IIRC, it’s limited to a 10 rd. Mag.
I find it odd that those inputting here don’t know that the M 1 carbine came in a semi auto style and one that had a lever to go from semi to full auto. Yes, the Semi auto is legal but the semi/full is not. I never new about the full until a friend of mine told me that he had one.
You are fine with a M1 in California however, if you want to be extra safe, you can apply for a C&R license from the ATF. It is very cheap and easy. This gives you a little more ‘blessing’ in purchasing and owning collectable and relic firearms.
I’ve been considering getting one of these myself.
I think most, like myself didn’t really even consider the full auto version as someone transferring ownership of a full-auto should know, but I guess there is a chance if he owned the gun long enough.
CA currently requires handgun registration (unless possessed prior to this requirement). I believe long guns purchased after Jan 2014 will have to be registered. I don’t know if this will affest curio long guns.
It was called the M2 carbine and I think it was used mostly in Korea.
I love the M1 carbine....
you are soooo funny.
yes, as long as you use duct tape to hold the full auto switch in the semi auto position, you are good to go.
ooooh boy, I don’t wanna go shooting with you unless we are WAAAAY out in the middle of nowhere and I have a good cover story for how I never seen you in my life I just happened to run into you out here in the middle of nowhere.
“Is my gun legal?”
I would check with a sex therapist .
“I find it odd that those inputting here dont know that the M 1 carbine came in a semi auto style and one that had a lever to go from semi to full auto.”
NO! What’s odd is that you’re confusing the M1 Carbine with the M2 Carbine. Note: We did not make that mistake. You also apparently don’t know that there’s an M3, but we’ll just let that go.
The fact that you even have to ask that question should be more than enough reason to find a home in some other state where they still demonstrate some level of concern for the Constitution.
The state trooper showed my brother the law that stated only one registrant per hand gun. My brother explained no, they registered these guns in both their names in 1984 (my father knowing he was getting older) when no such law existed and the officer was not entitled to take the weapons. My brother even brought out his copy of the law in 1984 to show the guy. (My brother is always prepared!) Long story short, I believe after having to repay to register these guns in his name he was allowed to keep them. One was historical, but one was only a .22 for the love of God! I learned to shoot that at 8 and I'm just a girl! It was ridiculous any money had to pass hands and if my brother dies, they'll be confiscated.
The mag restrictions were passed back in the early 90s. It doesn’t matter when they were made, it’s when you owned them. If you owned them before they passed the law, they are grandfathered in. If you acquired them after that they are illegal. In this case it would be illegal.
I had one in Nam.
My Advice - move to a different state.
BTw, all firearms transfers in CA, even between family members, must have the transfer done through a licensed gun dealer, and is reported to the state. Cost about $35 last time I bought one.
like your name, there is very few things more beautiful than a cutting horse doing his thing.
The fact that NY even knew your father had guns is criminal (or should be).
The fact that they came after them upon his death is even worse.
Excuse me but the M1 carbine did NOT have a full auto selector. When they added the full auto version they changed the designation to the M2 carbine. All M1 carbines are semi-auto only, even if they were refitted later they were re-stamped M2.
For all centerfire cartridges and shotgun gauges, that is, not just your carbine.
Is FR the best place in the world for free advice or what?
FYI, the normal mag is 15 rounds.
The M1 Carbine ONLY came in semi-auto. The version with selectable full-auto is the M2 Carbine.
The bigger question is, “Are any of the laws impacting my right to keep and bear arms legal?”
Is the M2 the same as the M1A1 carbine I remember from my JROTC days in the late 50’s? IIRC, it had a selector and a banana mag.
That's the DROS fee. The FFL doing the paperwork tacks on an extra fee.
That's incorrect. The only way a mag over 10 rounds can be in the state (barring purchase by a LEO, etc) is if the owner can prove he had it before they were outlawed. If a private citizen wants such a mag, he must disassemble it and classify it as parts. Kommiefornia won't allow 11+ round mags, but they'll allow all the parts for 11+ round mags. Go figure.
The M1A1 should NOT have had the selector. It is designated as semi-auto only. It should have had a folding stock, it was designed mainly for paratroops. It is entirely possible some local armorer disregarded protocol and converted some to select fire, however officially the M1 and M1A1 carbines were semi-auto, the M2 and M3 carbines were select fire.
In answer to your question, allow me to ask if your dad did any aftermarket modifications? Perchance, is there a pistol grip stock? Flash suppressor? These mods (which are frequently done around here), along with the detachable magazine, make the M-1 an EBR (evil black rifle).
I believe the select fire version of the M1 Carbine was designated as the M2 Carbine.
Actually I said the same thing you did. I said the law couldn't be grandfathered and it wasn't. Any existing mags when the law went into effect were, and still are, legal for the owner to possess. If this guy gets the carbine from his dad he is within the law to have it. However, he had better check and see if local LEOs interpret the law the way it is written, some of them don't. Barring that, I believe you can find 5 round mags for the carbine, kind of a waste if you ask me but there is no arguing with CA liberal politicians.
You most likely had the M2 carbine. The M1A1 was issued to paratroopers, with a folding metal stock. Lots of info on them on the net if you want to search for info, you might find a picture of the one you guys had.
You guys have been past the Claire Wolfe stage up there for a long time.
< shakes head sadly>
You and I are very much on the same page.
If it is not on the current Assault Weapons list but has any features that CA uses to describe an Assault Weapon, you can not bring it into the State.
If the removable Magazine holds more than ten rounds, you cannot bring the Magazine into the State, even if the Rifle itself is Legal.
Everything has to happen using an FFL Dealer. There is a State Transfer Fee and the Dealers charge an extra $50 to $100 for the service. It's like paying for two Guns but getting only one. Quite the racket...
The NRA has information regarding the Gun Laws in CA. Check their Web Site. FR is a good resource, but that won't be a good excuse when you are facing a Libtard CA Judge accusing you of being a Gun Runner.
My California edition of “How to Own a Gun & Stay Out of Jail” is a little old, being circa 2000. But according to it:
You can import an M1 carbine as long it has only one among the following features:
Almost certainly your your Dad’s M1 Carbine has a bayonet mount.
M1 carbines are almost never equipped with a flash suppressor so that should not be a problem.
The Airborne version has a folding metal stock AND a pistol grip. Not a problem, just swap the stock for a standard stock, and keep the original paratrooper stock for when you move out of California.
It is technically illegal to buy standard 15 and 30 round magazines for your M1 carbine and it is also illegal to bring in the magazine in your dad’s M1 carbine. In fact in CA, it is technically illegal to buy them, gift them, lend them, or sell them.
Fortunately, magazines over 10 cartridge capacity that you have owned since before the 1/1/2000 law went into affect are grandfathered and are legal for you to possess.
So, it is REALLY GREAT NEWS that I am sure you have stocked up on lots of 15 and 30 round magazines from gun shows long before year 2000. Right? I mean, since they were all manufactured in the 1940s and none of them have a modern date on them, and since nobody could ever prove or disprove when they came into your possesion, I am sure you already have a full box of these magazines you legally purchased in the 1990s long before the law was passed, in anticipation of getting your Dad’s M1 carbine someday. Right?
Right? *** WINK *** I wasn’t winking, I just had something in my eye.
You need NO paperwork to legally transfer your Dad’s M1 carbine from Michigan to you in California.
Rifles and shotguns over 50 years old are listed as antiques or curios, and no formal transfer is required to legally change possession from you Dad in Michigan to you. I assume this is a 40’s dated WWII firearm and not a modern replica of an M1 carbine. Obviously a modern replica newer than 50 years old would not qualify for this exemption.
Also, all handguns you import to California must be registered within 10 days or something, but rifles are exempt from this, so you are free to just bring the thing into the state or have it shipped to you directly since there is no formal transfer paper and no reporting requirement.
If your dad ships it to you, make sure it is in a really heavy solid packaging and well disguised. I’ve had rifle stocks snapped upon shipping so pack it in a solid box or pick it up on a driving vacation to your dad’s or some such. Also, guns tend to get “lost” in the mail on occasion.
Modern rifles need his licensed dealer to transfer through your licensed dealer, but not for antique guns over 50 years old you don’t. Strictly cash and carry, no paperwork, no registering.
Have fun. They are fun little shooters, I just WISH they were chambered in .45 ACP. I’m still flipping annoyed they designed a low power cartridge just for this gun rather than using the .45 for a self defense gun for drivers and cooks. Bad call there IMHO.
My 2000 California edition of "How to Own a Gun & Stay Out of Jail" states that antique guns over 50 years old are cash and carry and require no FFL transfer, paperwork or reporting requirment. I don't have the 2011 edition. Are you saying you know the law was revised since 2000 requiring FFL transfer of curios and antiques? I'm just trying to make sure the OP gets accurate current advice.
I’m not a lawyer but I am pretty sure Californians don’t have the burden of proof that mags they possess were purchased prior to 1/1/2000. I think the burden of proof is on the state to prove you purchased after 1/1/2000. I doubt there are a lot of people with receipts for the millions of >10 round WWII M1 carbine mags, M14 mags, thompson mags, and BAR mags floating around the state and that all of these could be confiscated without receipts.
I just checked on the website below and it seems you are correct. The only caveat I would add is to make sure it is over 50 years old. There are newer copies out there.
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