Step 2: Copy the refusal letters, and send the copies to the NFA Branch of ATF. Ask them to designate other persons whose signature would be acceptable, as the ones listed in the regulation would not sign. They are required to do this by the same regulation, it is the safety valve for when none of the designated persons will sign. ATF will almost certainly say that they will accept the certification of a state judge who has jurisdiction over where you live (same as the chief, D.A. and sheriff in step 1, they have to have jurisdiction over where you live) and who is a judge of a court of general jurisdiction, that is a trial court that can (by law) hear any civil or criminal case. No limit as to dollar amount in civil cases, or type of crime in criminal cases. No small claims court or traffic court type judges, in other words. Let’s assume they refuse.

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Cal. Penal Code Sec. 12020(a) prohibits the possession of, among other things, AOW’s (Any other Weapons) and short shotguns and short rifles. Subsection (b) lists exemptions to the application of (a).

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Just another WordPress weblog … Here is my attempt to list what state allows what in terms of NFA weapons.

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Just another WordPress weblog … # John Q. Public bought himself an AR-15 Accessories receiver in 1988 and put it in his safe.

Key to Abbreviations
AOW – any other weapon
ATF – Bureau of Alcohol, Tobacco and Firearms
ATT – Alcohol and Tobacco Tax Division of the IRS, the pre-68 administrators of the NFA
C&R – curio and relic
CFR – Code of Federal Regulations
DD – destructive device
FET – federal excise tax
FFL – federal firearms license
GCA – Gun Control Act
NFA – National Firearms Act
SOT – special (occupational) taxpayer
USC – United States Code
DEWAT – De-activated war trophy

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Californians can legally possess any AOW, except a pen gun, as long as it is possessed in compliance with federal law. Likewise they can possess any C&R listed short rifle or short shotgun.

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Accessories and Stocks for AR 15
A violation of 18 USC sec. 922(o) of the GCA can also bring up to a ten year prison sentence, and or a $250,000 fine. Again, prison time is likely, even on a first offense.

Gun accessories and Rifle Stocks » Blog Archive »
South africa hunting. Dedekind safaris is owned and operated by Mark and Telani Dedekind. Based in Zululand, South africa hunting, Dedekind Safaris offers hunting in both the …

state MG SI SR SG AOW LBDD EXPDD Comments
AK Y Y Y Y Y Y Y
AL Y Y N N Y Y ?
AR Y Y Y Y Y Y ? (state registration of pistol
cal. MG’s over .30)


ar-15 scopes

How much can you spend? A good way of choosing a new AR15 scope is finding a scope or sight suitable to the type of target you want to shoot. If you want to hit a prairie dog and 400 yards you’ll want a scope with high power magnification, adjustable focus, and super clear optics. Next, consider how far you need to shoot. A scope that will perform well at 100 yards may not work that well on a target 600 yards away. The size of the target and the distance you need to shoot are two critical factors in choosing a new AR15 scope. Another important consideration is how critical it is that you make the shot. If lives are on the line, take for example a police sniper, the reliability of your scope needs to be much greater than for some one blasting beer cans on a hillside. It may not be worth buying a $1,400.00 Leupold sniper scope for general plinking. For SWAT or military duties, it’s worth every penny. That leads us to our last consideration; how much do you want to pay? Taking all other factors into consideration, you’re new AR15 scope needs to fit your budget. We place this consideration last, because we believe the others are more important than money. You cannot put a price on human life. If you need to make a precision shot under difficult circumstances, the high end scopes are worth the money. For general shooting and plinking, there are a number of great scopes that will provide years of enjoyment without taking your entire paycheck. A new AR15 scope is an investment. You’re investing in the reason you bought the AR15 in the first place. The scope will help you get the most out of your AR15.

# Big Bob Bopper finds a respectable dealer at a gun show who is selling “pre-ban AR pistol lowers.” The dealer says he bought them before “the Ban” and registered them as pistol lowers, but never built them into anything. Are they pre-ban? No. Are they pistol lowers? Sure…just post-ban pistol AK47. As long as they don’t have two or more “Deadly Features” when they are built, they are legal.

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NFA Branch desires that folks who install sears into guns where the sear is not very accessible, HK guns in particular, tell them the make, model and serial number of the gun into which the sear is installed. This makes it easier on them, as they do not have to open the gun up to see the sear, if they know that gun is the one with the sear in it. This is called “marrying” the sear to the gun. It is especially useful when the host semi-auto has been modified so as to make it potentially illegal without the sear, like putting a shoulder stock on an H&K SP-89 pistol, or cutting the barrel of an HK-94 to less than 16 inches. You may “divorce” the two, but don’t if the host gun will end up an unregistered short barreled rifle, or other unregistered NFA weapon. Often this marriage info is in box 4(h) on the Form 4, so anyone who looks at the paperwork can see the sear is in that gun; local law enforcement, for instance.

Gun accessories and Rifle Stocks » Blog Archive »
Harris Bipods. Versatile, sturdy, light and fast Harris Bipods. Made from high strength anodized aluminum alloy. Stressed parts are tempered spring steel.

Rifle Scopes and Ruger 10/22 Accessories − About
Just another WordPress site … This is an example of a WordPress page, you could edit this to put information about yourself or your site so readers know where you are coming from.

Rifle Scopes and Ruger 10/22 Accessories − ak-47 Stocks
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Rifle Slings for AR15, 10/22 and Ak-47 :: http://ghilliesuit …
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Gun Accessories for AR15 & Ruger 10/22
123 acb – NFA weapons are: machine guns, sound suppressors (a.k.a. silencers), short barreled shotguns, short barreled rifles, destructive devices and “any other weapons”.

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Examples of such mouseguns include the Seecamp, the North American Arms Guardian and Mini Revolvers (such as the Black Widow), the Kel-Tec P32 (.32 caliber) and P3-AT (.380 caliber …

Rifle Scopes and Ruger 10/22 Accessories
A sole proprietor SOT may keep any NFA weapon he has after surrendering his SOT, as his personal property, except post-86 machine guns, discussed below.

The NFA law also defines “rifle”:


26 U.S.C. sec. 5845(f) “The term destructive device means:
1) any explosive, incendiary or poison gas
A) bomb

B) grenade
C) rocket having propellant charge of more than four ounces
D) missile having an explosive or incendiary charge of more than one-quarter ounce
E) mine, or
F) similar device
2) any type of weapon by whatever name known which will, or may be readily converted to, expel a projectile by the action of a explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Secretary or his delegate finds is generally recognized as particularly suitable for sporting purposes; and 3) any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subparagraphs (1) and (2) and from which a destructive device may be readily assembled. The term ‘destructive device’ shall not include any device which is neither designed nor redesigned for use as a weapon; any device although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety or similar device; surplus ordnance sold, loaned or given by the Secretary of the Army pursuant to the provisions of section 4684(2), 4685 or 4686 of title 10 of the United States Code; or any other device which the Secretary of the Treasury or his delegate finds is not likely to be used as a weapon, or is an antique or is a rifle which the owner intends to use solely for sporting purposes.”

Machine guns are also treated differently. In 1986, as part of the Firearm Owners’ Protection Act (FOPA), Congress prohibited individuals from owning machine guns, and made it an affirmative defense that the machine gun was registered before the act took effect (which was 5/19/86). See 18 USC sec. 922(o) for the law. Thus as an individual you can only legally own a machine gun that was registered before that date. Any registered after that date can only be owned by SOT’s, law enforcement, and government entities. A SOT may not keep these machine guns after surrendering his SOT. In order to transfer one of these machine guns, the SOT must have a request from an agency able to own one for a demonstration. Or an order from one of those agencies to buy one. A class 2 SOT can make machine guns for research and development purposes, or for sale to dealers as samples, or for sale to government entities. These are commonly called post-86 machine guns.



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Copyright by James O. Bardwell, 1994, 1995, 1996, 1997. Permission is given to reproduce this document or portions thereof with attribution, for non-commercial, or non-governmental use only. No claim to U.S. statutes or regulations quoted herein. This is accurate, to the best of my knowledge, as of 3/29/97. Nothing written here should be taken as legal advice. If you have a legal problem, you should talk to a lawyer.


* Muzzle loading cannon – NOT, as it is an antique design, unless it has some special features allowing breech loading.
* Explosive grenade – is a DD
* Molotov cocktail – is a DD
* M-79 or M-203 40mm grenade launcher – is a DD
* Smooth bore 37mm projectile launcher – not a DD. Not even a title 1 firearm. This item falls under the “not a weapon” (signaling device) exception, I believe. Generally a large bore device for which no anti-personnel ammo has ever been made will NOT be a DD. This used to be true of the 37mm guns. However, according to ATF, some folks have started making anti-personnel rounds for these guns, and ATF has ruled that possession of a 37mm launcher and a bean bag or rubber shot or similar round is possession of a DD, and at that point the launcher needs to be registered. Put another way, before you make or buy anti-personnel rounds for your 37mm launcher, register it as a DD. The rounds themselves, not being explosive, incendiary or poison gas, are not regulated in themselves either. It is just the two together. See ATF Ruling 95-3.
* 40mm grenade for an M-79 or M-203 – a DD.
* Non-explosive 40mm practice ammo – not a DD. Commercial making of it would require a type 10 FFL though, as although the ammo is not itself classified as a DD, making ammo for a DD requires the FFL.
* Non-sporting 12 gauge shotgun – is a DD, because it has a bore over 1/2″, and is not exempted unless it meets the “sporting use” test. Check out the case Gilbert Equipment Co., Inc., v. Higgins, 709 F. Supp. 1071 (D. Ala. 1989) for how the sporting use test has been re-interpreted from what it meant when the law was enacted to having ATF be arbiters of what is “sport”.
* Flame Thrower – not a DD, nor even a firearm. Unregulated as to possession, under federal law. Great way to clear snow off the driveway.
* Japanese Knee Mortar – A DD. Even though there is no available ammo for it, explosive or otherwise, and hasn’t been since 1945, because anti-personnel ammo was made for it in the past, it is a weapon. As it has a bore over 1/2″ and isn’t sporting, it is a DD.