Are we free now to make California legal AOWs?

[Jcwatchdog]

Because of the new ATF guidance issued today, are we now free to make any AOWs that would comply with California law? (Like adding a vertical fore grip to a mag locked AR pistol)?

 

[Gawernator]

Wow crazy. Hopefully a real lawyer can chime in because it’s probably something that has to be litigated or there’s some CA specific law. Like we can’t just buy suppressors now

Wow we live in a commie state lmao now everyone else nearly gets free SBR and suppressors

 

[BONECUTR]

California Code, Penal Code - PEN § 17710​

(a) The provisions listed in Section 16590 do not apply to “any other weapon” as defined in subsection (e) of Section 5845 of Title 26 of the United States Code, which is in the possession of a person permitted to possess the weapons under the federal Gun Control Act of 1968 (Public Law 90-618),  1 as amended, and the regulations issued pursuant thereto.

IANAL but this section is what generally makes AOW legal in CA.
Basically everything cool is banned in CA but CA have a carve out for certain types on NFA registered AOW's.

Keep in mind the NFA laws are still on the books... this is just the "current" ATF director under the "current" administration saying they are not enforcing these rules.... as of today.... that can always change.

So my super shorty would be viewed as a SBS in CA, but since its a AOW and registered that way federally it is exempt but you cant just make one in CA.

 

[CadeH]

"which is in the possession of a person permitted to possess the weapons under the federal Gun Control Act of 1968 (Public Law 90-618),  1 as amended, and the regulations issued pursuant thereto."

As a member of the GOA I have a court order declaring that I am legally permitted to possess AOWs without NFA (NFA is a part of the GCA) registration, and CA law just requires me to be in compliance with the GCA. I don't know if an ATF memo saying they arent enforcing the NFA for non-plaintiff members as well counts as a "regulation issued persuant thereto", but I believe a federal court order for the plaintiffs does.

I made my unstamped AOW after the court ruling dropped like a month ago and posted it here, Reddit, and Instagram and nothing happened to me because I'm in compliance with the law. 2AZone is currently doing unstamped AOW transfers as well.

 

[BONECUTR]

I made my unstamped AOW after the court ruling dropped like a month ago and posted it here, Reddit, and Instagram and nothing happened to me because I'm in compliance with the law. 2AZone is currently doing unstamped AOW transfers as well.

Not saying you did anything wrong but just cause you posted on the internet and were not arrested does not mean you are doing something legal.
2A zone still lists as NFA rules apply on their website.

 

[CadeH]

Not saying you did anything wrong but just cause you posted on the internet and were not arrested does not mean you are doing something legal.
2A zone still lists as NFA rules apply on their website.
View attachment 263323

True regarding potential legality on my end, but the state also issued a Bulletin (attached to this post) on September 18 regarding the Jensen/SilencerShop decision and outlined that Suppressors, SBRs, SBSes, and firearms not immediately recognizable as a firearm are still illegal in CA. If federally unregistered AOWs were also illegal then it makes zero sense why they would not have included them in their reminder.

Also here is the update from 2AZone where they confirm they're selling unstamped AOWs:

 

[CadeH]

It only let me attach 4 images in the last post, here are two more from 2AZone

 

[M_N04H]

I'm still waiting on AOW approval for my Mossberg Shockwave since February. My AR pistol has been approved.

 

[Jcwatchdog]

From what I’m seeing, the 2A response on that one post isn’t 100% correct. It looks like the engraving requirement is gone also

 

[Gawernator]

From what I’m seeing, the 2A response on that one post isn’t 100% correct. It looks like the engraving requirement is gone also

Nice

 

[Jcwatchdog]

IANAL but this section is what generally makes AOW legal in CA.
Basically everything cool is banned in CA but CA have a carve out for certain types on NFA registered AOW's.

Keep in mind the NFA laws are still on the books... this is just the "current" ATF director under the "current" administration saying they are not enforcing these rules.... as of today.... that can always change.

So my super shorty would be viewed as a SBS in CA, but since its a AOW and registered that way federally it is exempt but you cant just make one in CA.

Sure the NFA laws are still on the books, but with at least another couple of years of people just doing whatever they want now, good luck with a new ATF trying to put the genie back in the bottle. A little like our freedom week

 

[Gawernator]

Thank you trump lmfao this is awesome

 

[imacookie]

My AR Maglocked pistol yearns for a VFG

 

[M_N04H]

My AR Maglocked pistol yearns for a VFG

Geddit

 

[Gawernator]

My AR Maglocked pistol yearns for a VFG

do it

 

[Gawernator]

@imacookie

 

[ton809]

So now I can. buy a shorty jack 12 gauge from 2azone and fill out regular Dros and take it home after 10 days ?

 

[M_N04H]

So now I can. buy a shorty jack 12 gauge from 2azone and fill out regular Dros and take it home after 10 days ?

Is that how the process goes now? ATF still needed to approve Form 1s once approved by CA DOJ, but what does this mean for us now?

 

[oleironsights]

So can I build an AOW ARP from a regular DROS'd lower?

 

[Gawernator]

Is that how the process goes now? ATF still needed to approve Form 1s once approved by CA DOJ, but what does this mean for us now?

Maybe engrave it as an AOW and you're good to go?