AR-15/AK-47 clones called "Series" Assault Weapons
by California Dept of Justice
Roberti-Roos list of banned firearms
expected to be expanded Monday July 17
By Jay J. Hector
Reporting for CalNRA.org
15 July, 2000
Simi Valley, Ca. - All AR-15 and AK-47 "Series" variants must be
registered as Assault Weapons by December 31, 2000, under the
provisions of the Roberti-Roos law, and not under the provisions of SB-23,
said California Department of Justice Firearms Division representatives
at a meeting in Simi Valley on Thursday evening, July 13.
The regular monthly meeting of the Ventura County East NRA Members'
Council, with guest speakers from the Department of Justice Firearms
Division, was heavily attended. A June 29 California Supreme Court
ruling overturned an appellate court decision that declared the add-on
provision to the original list of firearms under the Roberti-Roos law
as unconstitutional.
The Department of Justice Firearms Division has declared the "Series"
firearms, AR-type and AK-type, listed in the Roberti-Roos law to
include all variants. The Department of Justice Firearms Division
will release a list of approximately 120 AR and AK variants on Monday,
July 17, 2000. Removal of the "Series" firearms from SB-23 negates
much of the impact of that law on firearms' owners. "A list of what
is or is not an Assault Weapon under SB-23 will not be compiled by the
Firearms Division," said Randy Rossi, Director of the California
Department of Justice Firearms Division. "Because we can't see what
characteristics you may have on your weapon, and because the law
allows you to take on and take off those characteristics, we won't be
able to provide you with a listing of those weapons. We can't tell if
you put on a conspicuously-protruding pistol-grip or whether it's a
banana. We just can't tell that from over the telephone."
Rossi, Assistant Director Dale Ferranto and Deputy Attorney General
Tim Rieger of the legal staff, gave a presentation on the effects of
the Supreme Court decision, followed by a question and answer period
on their presentation and other related questions on Roberti-Roos,
SB-23 and SB-15. Rossi emphasized that the Firearms Division is
available to answer questions regarding implementation of the various
laws by the Firearms Division, but since they do not make the laws
they cannot answer questions regarding the formulation of firearms
law, which is the domain of the California Legislature.
The "Series" AR and AK variants are not eligible to be registered
under SB-23. A special Roberti-Roos registration period coinciding
with the registration period for SB-23 firearms will begin on July 29,
2000, thirty days after the Supreme Court decision. The Roberti-Roos
named firearms, whose registration period ended in March 1992, are
not eligible for registration under SB-23 or under this special
registration period for the "Series" firearms.
For example, a Colt AR-15 Sporter II had to be registered by March
1992 and cannot now be registered under either law, while a "Series"
Colt Match HBAR rifle is eligible for the special registration period.
"Series" rifles include Bushmaster, Armalite, DPMS and Olympic Arms.
The AK variants, such as a MAK-90, are affected in the same manner.
Assault Weapon characteristics such as flash-hiders and pistol-grips
were not a factor in the Roberti-Roos law, and the removal of
characteristics will not excuse a "Series" firearm from registration.
A stripped-lower AR or AK receiver will have to be registered since
lack of characteristics does not matter under Roberti-Roos.
The California Department of Justice Firearms Division is following
the same constitutional interpretation as the Federal government
regarding the Second Amendment. A United States Attorney at the
Emerson appellate court hearing in Louisiana, stated the official
position of the United States Government is that the Second Amendment
of the United States Constitution only applies to militias, and not to
the people of the United States as individuals.
California Firearms Division attorney Rieger commented on the path to
the Department of Justice's legal interpretations, "Since 1937 (sic),
the Second Amendment, as you all know, in the United States Supreme
Court case Miller, it's been interpreted to say, let's be fair, that
the right to keep and bear arms, is not personal, but instead lies
with the militias of the states. The bottom line is, Miller says
that, and all cases except Emerson in the Texas District Court, have
basically followed suit."
This story may be distributed freely providing credit is given the author and www.calnra.org
by California Dept of Justice
Roberti-Roos list of banned firearms
expected to be expanded Monday July 17
By Jay J. Hector
Reporting for CalNRA.org
15 July, 2000
Simi Valley, Ca. - All AR-15 and AK-47 "Series" variants must be
registered as Assault Weapons by December 31, 2000, under the
provisions of the Roberti-Roos law, and not under the provisions of SB-23,
said California Department of Justice Firearms Division representatives
at a meeting in Simi Valley on Thursday evening, July 13.
The regular monthly meeting of the Ventura County East NRA Members'
Council, with guest speakers from the Department of Justice Firearms
Division, was heavily attended. A June 29 California Supreme Court
ruling overturned an appellate court decision that declared the add-on
provision to the original list of firearms under the Roberti-Roos law
as unconstitutional.
The Department of Justice Firearms Division has declared the "Series"
firearms, AR-type and AK-type, listed in the Roberti-Roos law to
include all variants. The Department of Justice Firearms Division
will release a list of approximately 120 AR and AK variants on Monday,
July 17, 2000. Removal of the "Series" firearms from SB-23 negates
much of the impact of that law on firearms' owners. "A list of what
is or is not an Assault Weapon under SB-23 will not be compiled by the
Firearms Division," said Randy Rossi, Director of the California
Department of Justice Firearms Division. "Because we can't see what
characteristics you may have on your weapon, and because the law
allows you to take on and take off those characteristics, we won't be
able to provide you with a listing of those weapons. We can't tell if
you put on a conspicuously-protruding pistol-grip or whether it's a
banana. We just can't tell that from over the telephone."
Rossi, Assistant Director Dale Ferranto and Deputy Attorney General
Tim Rieger of the legal staff, gave a presentation on the effects of
the Supreme Court decision, followed by a question and answer period
on their presentation and other related questions on Roberti-Roos,
SB-23 and SB-15. Rossi emphasized that the Firearms Division is
available to answer questions regarding implementation of the various
laws by the Firearms Division, but since they do not make the laws
they cannot answer questions regarding the formulation of firearms
law, which is the domain of the California Legislature.
The "Series" AR and AK variants are not eligible to be registered
under SB-23. A special Roberti-Roos registration period coinciding
with the registration period for SB-23 firearms will begin on July 29,
2000, thirty days after the Supreme Court decision. The Roberti-Roos
named firearms, whose registration period ended in March 1992, are
not eligible for registration under SB-23 or under this special
registration period for the "Series" firearms.
For example, a Colt AR-15 Sporter II had to be registered by March
1992 and cannot now be registered under either law, while a "Series"
Colt Match HBAR rifle is eligible for the special registration period.
"Series" rifles include Bushmaster, Armalite, DPMS and Olympic Arms.
The AK variants, such as a MAK-90, are affected in the same manner.
Assault Weapon characteristics such as flash-hiders and pistol-grips
were not a factor in the Roberti-Roos law, and the removal of
characteristics will not excuse a "Series" firearm from registration.
A stripped-lower AR or AK receiver will have to be registered since
lack of characteristics does not matter under Roberti-Roos.
The California Department of Justice Firearms Division is following
the same constitutional interpretation as the Federal government
regarding the Second Amendment. A United States Attorney at the
Emerson appellate court hearing in Louisiana, stated the official
position of the United States Government is that the Second Amendment
of the United States Constitution only applies to militias, and not to
the people of the United States as individuals.
California Firearms Division attorney Rieger commented on the path to
the Department of Justice's legal interpretations, "Since 1937 (sic),
the Second Amendment, as you all know, in the United States Supreme
Court case Miller, it's been interpreted to say, let's be fair, that
the right to keep and bear arms, is not personal, but instead lies
with the militias of the states. The bottom line is, Miller says
that, and all cases except Emerson in the Texas District Court, have
basically followed suit."
This story may be distributed freely providing credit is given the author and www.calnra.org
I'd rather store than steal-means having an extra person on hand to watch yer back if TSHTF.
Originally posted by dZ: