Skip to comments.Need gun advice
Posted on 05/13/2012 11:24:28 AM PDT by MistrX
Is my gun legal?
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.
I believe you are correct as far as the letter of the law goes. But you never know what some anti-gun DA will do. You might win the case, and still pay thousands in legal fees. The Jim Dingman case comes to mind. He was prosecuted for owning an SKS with a detatchable magazine, that were being sold in gun stores all over CA. He eventually copped a plea for a misdemeanor rather than risk going to prison, and being a felon with no gun rights at all.
You’re talking about the M-2 carbine. The M-2 is the same as an M-1 except it has a selector switch to go from semi to full auto and back. I carried one in the Army.
You’re getting a lot of misinformation here. Tell you what, what you really need to do is go to Calguns.net and join. Get the specifics as to exactly what you want. They’ve got the answers.
Thanks...one or two times in the arena and it takes a week to wipe the grin off. The horses like it too.
You know so much about guns. You’re the best.
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