Closed AMA 2A AMA - We have 2A lawyer in the space! - Ask away

[ikeo1]

Updated:

I've converted this into a Q/A since it seems there's enough interest. Members can vote on the question by clicking on the ^ v characters to the side or bottom of the post.

We'll keep the questions open for a couple of days to give some time to answer them. So feel free to ask away so we can give @raellic some time to answer..

Ground Rules:

• This is personal opinion unless you leverage professional services or unless stated so.
  • At a minimum, this will give perspective from someone with a legal background and hopefully be fun and interesting.
• If you're not happy with an answer, consider why they are answering that way
• Ask questions clearly when possible
• Keep it Clean

Let the questions begin!

Original:

We're considering having an AMA with one of our vendors who is a 2A specific attorney @raellic . We're grateful to have someone in the 2A space who practices law who's up for an Ask Me Anything.

@raellic has a practice in the Bay Area at https://watters.law and is active in the 2A community. He trains and hosts classes, so we're glad to bring more people together for the community.

 

[blackson1224]

Are pin and welded pistol barrels legal? example a glock with a threaded barrel that gets comp pin and welded to it. I was told it was not.

 

[robchern]

Can we transport a handgun indefinitely in a locked container under PC 25610?

 

[raellic]

Can we transport a handgun indefinitely in a locked container under PC 25610?

You're not supposed to transport a handgun in your car indefinitely. However, you can transport a non-assault weapon, non-.50 BMG rifle or shotgun in a container in your car indefinitely. I wouldn't use a single-purpose container on the exterior of the vehicle like some people do, as that is an exception to the Fourth Amendment.

 

[raellic]

Are pin and welded pistol barrels legal? example a glock with a threaded barrel that gets comp pin and welded to it. I was told it was not.

I'm not sure about that, will check and get back to you.

 

[Wolkenflieger]

Hi, and thank you for your answers!

I bought a an Atlas 2011 pistol which was legally DROS'd as SSE, or single shot exemption. It has since been modified to be semi-auto.

Do I have to take any special precautions with a PPT sale?

How would it be DROS'd?

Thanks!

 

[Wolkenflieger]

Hi, and thank you for your answers!

I bought a an Atlas 2011 pistol which was legally DROS'd as SSE, or single shot exemption. It has since been modified to be semi-auto.

Do I have to take any special precautions with a PPT sale?

How would it be DROS'd?

Thanks!

I GROK'd it and apparently would DROS as semi-auto, so that's good. Still interested in seeing a lawyer's insight. Thanks!

 

[EsotericEpsilon]

If an AR15 upper has a pinned and welded 3-prong flash suppressor like a surefire socom and total barrel length of 16" or greater, would adding a surefire warden be enough to classify the upper as featureless, or would the warden have to be pinned and welded to the socom?
This is assuming the components on the lower are all featureless.

 

[coelacanth]

If I'm traveling with a handgun in California (with CCW) and want to spend a night at a state park campground, can I unload and lock up the handgun and store in my vehicle or tent (temporary lodging) during my stay? Or since SPs are currently no gun zone, I can't do that?

Thanks for your time.

 

[raellic]

If I'm traveling with a handgun in California (with CCW) and want to spend a night at a state park campground, can I unload and lock up the handgun and store in my vehicle or tent (temporary lodging) during my stay? Or since SPs are currently no gun zone, I can't do that?

Thanks for your time.

4313. Weapons and Traps.
(a) No person shall carry, possess or discharge across, in or into any portion of any unit any weapon, firearm, spear, bow and arrow, trap, net, or device capable of injuring, or killing any person or animal, or capturing any animal, or damaging any public or private property, except in underwater parks or designated archery ranges where the Department of Parks and Recreation finds that it is in its best interests.
(b) Nothing herein contained shall be construed in derogation of the use of weapons permitted by law or regulation and to be used for hunting in any unit, or portion thereof, open to hunting.
(c) Firearms not having a cartridge in any portion of the mechanism, other unloaded weapons or devices such as traps, nets, and bows and arrows may be possessed within temporary lodging or mechanical mode of conveyance when such implements are rendered temporarily inoperable or are packed, cased, or stored in a manner that will prevent their ready use.

This is from the State Park regulations web page. So if you're at a campsite in a State Park, you can have an unloaded gun locked up in your car.

 

[raellic]

If an AR15 upper has a pinned and welded 3-prong flash suppressor like a surefire socom and total barrel length of 16" or greater, would adding a surefire warden be enough to classify the upper as featureless, or would the warden have to be pinned and welded to the socom?
This is assuming the components on the lower are all featureless.

That's a tough one, my best guess is that adding the Warden would not change the status of the upper.

 

[SKN23]

I GROK'd it and apparently would DROS as semi-auto, so that's good. Still interested in seeing a lawyer's insight. Thanks!

It will dros in the current configuration that it is in.

 

[stevoman]

No freaking way is that legal in California.

Yes this is legal if the firearm started it's life not being label a shotgun but shoots 12ga such as a Mossberg shockwave, which this can be converted to a AOW configuration. This also applies to a AR pistol, which can be converted to a AOW too. Both requires a 200 tax stamp and approval prior to any work being done. Reno May has demonstrated these 2 in depth with his videos.

What are your lawyer legal thoughts about converting anything to a AOW with DOJ approvals and tax stamps.

 

[Daggyz]

If shooting on BLM land and following typical rules ie shooting with a brim behind targets and such. Can any law enforcement officer roll up and demand to see your guns?

 

[raellic]

Yes this is legal if the firearm started it's life not being label a shotgun but shoots 12ga such as a Mossberg shockwave, which this can be converted to a AOW configuration. This also applies to a AR pistol, which can be converted to a AOW too. Both requires a 200 tax stamp and approval prior to any work being done. Reno May has demonstrated these 2 in depth with his videos.

What are your lawyer legal thoughts about converting anything to a AOW with DOJ approvals and tax stamps.

I was assuming this was for a regular person-- if you are in motion picture production and have a permitted AOW gun with all the DOJ approvals and tax stamps, and you're training John Wick, then it's definitely possible.

 

[raellic]

If shooting on BLM land and following typical rules ie shooting with a brim behind targets and such. Can any law enforcement officer roll up and demand to see your guns?

Are they checking whether your AR-15 is legally registered to you? I assume they have internal rules about when to run someone's guns in CFARS, so the chances of this happening with any commonly used firearm is low. But if you're out with a Barrett M82 in .50 BMG, you're going to get that type of attention and you might want to bring your registration letter.

 

[treelogger]

Instead of a specific question for legal advice, let me ask a generic question: When you do criminal defense of people who are charged with gun law violations, do you find that they are typically: (a) upstanding and law-abiding people who didn't understand the details of gun laws, or (b) upstanding people who intentionally ignore gun control, (c) people committing other crimes and the gun was just a minor part of it, (d) people living outside normal society (and outside the law) who happened to be picked up for gun violations, or (e) something else?

I'm not a lawyer, but I've helped a handful of people be represented in criminal cases, and I only find category (c) and (d).

 

[USMC06RET]

Instead of a specific question for legal advice, let me ask a generic question: When you do criminal defense of people who are charged with gun law violations, do you find that they are typically: (a) upstanding and law-abiding people who didn't understand the details of gun laws, or (b) upstanding people who intentionally ignore gun control, (c) people committing other crimes and the gun was just a minor part of it, (d) people living outside normal society (and outside the law) who happened to be picked up for gun violations, or (e) something else?

I'm not a lawyer, but I've helped a handful of people be represented in criminal cases, and I only find category (c) and (d).

(b) was pretty funny. How can you be "upstanding" and also disregard an entire category of laws?

 

[alexs]

Opinion on opening an AOW weapon such as a Remington TAC14?

 

[joefrank64k]

I was assuming this was for a regular person-- if you are in motion picture production and have a permitted AOW gun with all the DOJ approvals and tax stamps, and you're training John Wick, then it's definitely possible.

AOW's are legal in CA. I have three (870, 870 DM, 308 AR-10). I'm not in picture production, don't have a DWP, just a regular guy who likes odd-ball firearms, haha!! ETA: All three are stamped from the ATF. One was DROS'd to me as a pistol from an FFL, the other two I 'built' after submitting the Form 4.

CPC 17710(a) provides an AOW exemption from CPC 16590 - Generally Prohibited Weapons. If the AOW is properly possessed, then it's not an SBR/SBS under CA law. Because of this, some in the CA 2A space held that braces were OK for AOW's, since they aren't classified as SBR/SBS due to 17710(a). This might be where Reno May was coming from?

 

[raellic]

AOW's are legal in CA. I have three (870, 870 DM, 308 AR-10). I'm not in picture production, don't have a DWP, just a regular guy who likes odd-ball firearms, haha!!

CPC 17710(a) provides an AOW exemption from CPC 16590 - Generally Prohibited Weapons. If the AOW is properly possessed, then it's not an SBR/SBS under CA law. Because of this, some in the CA 2A space held that braces were OK for AOW's, since they aren't classified as SBR/SBS due to 17710(a). This might be where Reno May was coming from?

You are a rarity, my friend. But I don't agree with you. Yes, there is an AOW exception for following the ATF process for AOWs, but an AOW is defined in the CA statute the same as an AOW under Federal law, which is:

(e) Any other weapon
The term “any other weapon” means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.

A conventional shotgun with a barrel under 18" is not a AOW, it is a short-barreled shotgun prohibited by PC 33215. If you're a prop master for a firearms prop house, that's one of the only ways to get a SBS. I suspect Reno May is viewing the AOW statute by itself without reference to the cases decided under it, which would be important to determining whether something is actually legal. Keep in mind this is only a discussion of the issue; the authoritative interpretation would be if someone gets convicted and then appeals it, and the Court of Appeal or CA Supreme Court discuss the issue. So far, I don't think that has happened with this particular provision.

I have a legally owned .308 AR-10 myself, and it was done through the 2017 bullet-button registration law.