Month: June 2024

California’s AB 173: Navigating the New 1-in-30 Firearm Purchase Law

As of January 2024, California has introduced Assembly Bill 173 (AB 173), a legislative measure that impacts firearm enthusiasts and purchasers across the state. AB 173 restricts individuals to purchasing only one firearm per 30-day period. This unconstitutional law, while seen by some as a regulatory burden, can be navigated effectively by informed and responsible gun owners. In this article, we will delve into the specifics of AB 173, its implications for firearm enthusiasts, and what you need to know to stay compliant and continue enjoying your Second Amendment rights.

Understanding AB 173

AB 173 is a law passed by the California State Legislature and signed into law to regulate the frequency of firearm purchases. The core provision of this law is the limitation on the number of firearms an individual can buy within a 30-day period. This applies to all types of firearms, including receivers, frames, rimfires, handguns, rifles, and shotguns.

Key Provisions of AB 173

1. 30-Day Purchase Limitation:
   • Individuals are now restricted to purchasing one firearm every 30 days. This rule is designed to prevent stockpiling and potential trafficking of firearms but can be seen as an opportunity to make more thoughtful and planned purchases.
2. Enhanced Background Checks:
   • The law mandates more rigorous background checks, ensuring that all legal and safety requirements are thoroughly met before approving any firearm purchase. This helps reinforce the integrity and responsibility of lawful gun owners.
3. Amendment to Penal Code Section 27545:
   • Penal Code Section 27545 has been amended to include specific exemptions and conditions under which the 30-day limitation may not apply. These exemptions include purchases by law enforcement officers, licensed firearms dealers, private security companies, and individuals replacing lost or stolen firearms. Additionally, individuals with special permits may also be exempt from the 30-day restriction. If you have a Curio & Relic (FFL #3) license, also known as firearms collector, you are allowed to purchase more than one firearm in 30 days. For this to work, the collector must also have a C.O.E.
4. Dealer Compliance:
   • Firearms dealers are required to enforce this limitation, ensuring that no individual can purchase more than one firearm in 30 days. This underscores the importance of working with knowledgeable and compliant dealers.
5. Penalties for Non-Compliance:
   • Violating the 1-in-30 rule can result in significant penalties, including fines, suspension of firearm purchasing rights, and even criminal charges. Compliance ensures that responsible gun owners avoid legal issues.

Why AB 173 Was Implemented

AB 173 was introduced as part of California’s efforts to regulate firearm purchases. By limiting the number of firearms an individual can purchase within a specified period, the law aims to:

• Reduce Illegal Trafficking: Prevent bulk purchases that could be diverted to the black market.
• Promote Responsible Ownership: Encourage buyers to make considered, thoughtful purchases.
• Enhance Public Safety: Decrease the chances of firearms falling into the wrong hands through stringent background checks and purchase limitations.

Staying Compliant and Informed

As a firearm enthusiast, staying informed about changes in legislation is crucial. Here are some steps to ensure compliance with AB 173:

• Regular Updates: Keep abreast of updates from the California Department of Justice and other relevant authorities.
• Consult with Dealers: Work with knowledgeable and licensed firearms dealers who can provide guidance and ensure your purchases comply with the new law.
• Education: Continuously educate yourself on safe and responsible firearm ownership practices.

Conclusion

Assembly Bill 173, as codified in Penal Code Sections 27535, 27540, and 27545, introduces significant changes to the way firearms are purchased in California. By understanding and adhering to the provisions of this new law, firearm enthusiasts can continue to enjoy their passion responsibly and legally. While the 1-in-30 rule may require some adjustments, it also underscores the importance of thoughtful and responsible gun ownership. Embrace this opportunity to demonstrate the positive aspects of the firearm community and your commitment to lawful and safe gun ownership.

Single Shot AR Pistols in California: A Comprehensive Guide

Single shot AR pistols are a unique category of firearms that have gained popularity in California due to the state’s strict gun laws. This guide will cover the legal framework, acquisition process, and other relevant information for those interested in purchasing a single shot AR pistol in California.

TacticCAL – We sell our very own AR pistol single shot

Legal Framework

California has some of the most stringent gun laws in the United States, and this extends to AR pistols. Here are the key legal points regarding single shot AR pistols:

1. Definition and Configuration:
   • A single shot AR pistol is defined as a pistol that can only fire one round before needing to be manually reloaded.
   • Usually, it does not have magazine but a “sled” where you can load on bullet at a time. However, Franklin’s CA7 does have a magazine and they call their pistol “bolt action repeater” but lacks the gas tube which makes it a single shot.
2. Compliance with California Laws:
   • The pistol must comply with California’s overall firearm regulations, which requires a fixed magazine and cannot have a forward pistol grip.
   • It should not be classified as an assault weapon under California law, which dislikes AR-15 style firearms. Lacking a fixed magazine on your single shot AR makes it an assault weapon under California law.
3. Roster of Handguns Certified for Sale:
   • California maintains a roster of handguns certified for sale, but this roster does not apply to single shot pistols. Single shot AR pistols, therefore, do not need to be listed on the roster, which is a significant loophole used to purchase these firearms legally.

Where and How to Buy a Single Shot AR Pistol

1. Licensed Firearms Dealers:
   • You can purchase single shot AR pistols from licensed firearms dealers who are familiar with California’s laws. These dealers typically offer AR pistols that have been modified to comply with single shot regulations. As a FFL 7, I am allowed to assemble single shot AR pistols. We are currently selling single shot AR made whatever receiver you’d like or purchase one that is already available at our shop. Starting Price for our own billet lowers is $999 which includes quality parts.
2. Online Retailers:
   • There are online retailers specializing in California-compliant firearms. Ensure that any online purchase is shipped to a local Federal Firearms License (FFL) holder who will handle the transfer in accordance with state laws. Franklin Armory, Juggernaut Tactical (we are a dealer), and Camdon Defense are the three AR pistols that are currently on the roster.
3. Private Party Sales:
   • Private Party sales are also an option, but they must be conducted through an FFL dealer to ensure legal compliance, including the necessary background checks and documentation.

Purchasing Process

1. Background Check and Waiting Period:
   • All firearm purchases in California, including single shot AR pistols, require a background check and a 10-day waiting period. This is mandatory and applies to both dealer and private sales.
2. Firearm Safety Certificate (FSC):
   • Prospective buyers must obtain a Firearm Safety Certificate (FSC) by passing a written test on firearm safety. This certificate is required for the purchase of most firearms in California.
3. Documentation:
   • You will need to provide valid identification, proof of residency, and complete all necessary paperwork as required by state law much like othe firearms.
4. Transfer and Delivery:
   • After the 10-day waiting period and successful background check, the firearm can be transferred to you by the FFL dealer. Ensure that the firearm remains in its single shot configuration to remain compliant with state laws.

Other Pertinent Information

• Modifications Post-Purchase:
  • Personal opinion – Much like with a used car, when you own a firearm, you should be able to modify it however you see fit. You can change the engine, repaint it, replace the upholstery, and make any other changes you desire. None of these modifications are illegal, and they don’t constitute manufacturing a new car.
    
    Similarly, peace officers in California are allowed to purchase “unsafe handguns” and then sell them to the general public at twice the MSRP, which is not considered illegal. These off-roster firearms, deemed “unsafe,” are now owned by thousands of Californians. The Unsafe Handgun Act is unconstitutional, but this still needs to be proven in court.
  • Be aware that modifying the single shot AR pistol after purchase to enable semi-automatic fire or to accept detachable magazines may violate California law. California DOJ has stated:
    
    “The conversion of a single shot pistol to a semi-automatic pistol may constitute the manufacturing of an unsafe handgun, in violation of California Penal Code section 32000 (a), a misdemeanor.”
• Use and Transport:
  • Follow all state regulations regarding the safe storage and transport of firearms. Single shot AR pistols must be transported in a locked container, and unloaded while transporting.
• Staying Updated on Laws:
  • California firearm laws are subject to change. Regularly check for updates from the California Department of Justice and consult with knowledgeable dealers to ensure ongoing compliance.

By understanding and adhering to these guidelines, you can legally purchase and own a single shot AR pistol in California. Always prioritize safety and legal compliance to enjoy your firearm responsibly.

California’s latest move to introduce a “sin tax” on firearms and ammunition has sparked significant controversy among law-abiding gun owners and Second Amendment advocates. This new tax, aimed at discouraging gun ownership and generating additional revenue for the state, unfairly targets responsible citizens exercising their constitutional rights. The tax is set to go into effect on July 1, 2024.

What are taxed?
– Firearms
– Ammunition
– Precursor Parts

The law does not mention ammunition parts such as primers, projectiles, and casing. It also does not mention parts for the lower or upper receivers. However, it just a matter of time before they include everything else in the law.

A Misguided Approach

The term “sin tax” typically applies to products like cigarettes and alcohol, items consumed for pleasure that have clear, detrimental health impacts. Equating firearms with these products is a misguided approach. Firearms are tools used for a variety of legitimate purposes, including self-defense, hunting, sport shooting, and collecting. For many, owning a firearm is not only a right but a necessity for personal safety.

Burdening Law-Abiding Citizens

By implementing this tax, California places an additional financial burden on law-abiding citizens. Responsible gun owners already comply with extensive regulations, including background checks, waiting periods, and safety training. Adding another layer of cost penalizes those who follow the rules, rather than addressing the root causes of gun violence.

Impact on Low-Income Individuals

The firearm sin tax disproportionately affects low-income individuals who rely on firearms for protection in high-crime areas. These citizens may find it harder to afford the tools they need to ensure their safety. This tax effectively creates an economic barrier to self-defense, undermining the very purpose of the Second Amendment.

Questionable Efficacy

Proponents of the tax argue that it will reduce gun violence and fund public safety programs. However, there is little evidence to suggest that higher taxes on firearms will deter criminals, who typically do not purchase guns through legal channels. Instead, the tax will likely have minimal impact on crime rates while making it more difficult for responsible citizens to purchase firearms and ammunition.

Legal Challenge by CRPA

In response to this controversial new law, the California Rifle & Pistol Association (CRPA) has announced that it will be filing a lawsuit challenging the firearm sin tax. The CRPA argues that this tax infringes on the constitutional rights of gun owners and imposes an undue burden on those who legally own and use firearms. The lawsuit aims to overturn the tax and protect the rights of responsible gun owners across the state.

Alternative Solutions

Rather than imposing punitive taxes on gun owners, California should focus on measures that address the actual sources of gun violence. This includes improving mental health services, enhancing law enforcement capabilities, and promoting community-based violence prevention programs. Effective solutions should target criminal behavior, not penalize lawful gun ownership.

Conclusion

California’s new firearm sin tax, set to take effect on July 1, 2024, is a flawed policy that unfairly targets responsible gun owners without effectively addressing the root causes of gun violence. By burdening law-abiding citizens and disproportionately impacting low-income individuals, this tax undermines the principles of the Second Amendment. The CRPA’s lawsuit highlights the serious constitutional and practical issues with this tax. It is essential to pursue alternative strategies that enhance public safety without infringing on the rights of responsible firearm owners.