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Benelli M3 CA legal?

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12 comments

  • mark christian
    Silver Box is the undisputed expert on CA assault weapons laws (tsk, tsk, tsk) but the M3 with pistol grip is not catagorized as an assault weapon under any of CA three AW bans. The pistol gripped M3 is allowed but NOT the seldom seen M3 with a folding stock, that version would be an assault weapon.

    Mark T. Christian
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  • supernook
    Mark,

    Thanks for the response, that was tremendously helpful! It just so happens that i live in the people's Republik of Kalifoooornia (communist state as some people would call it) that i gotta worry about all that non sense AW stuff. But thank you for your help.
    Does silver box also live in CA?



    BP
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  • SilverBox
    Yes I do. [}:)] However MC is the undisputed expert on CA AW law, however occasionally he misses a few points in his write ups about it because its a complex mess of laws and a pain in the butt to type out all the various options with regards to general questions. When I jokingly correct him about it, he likes to make fun of me [;)]

    The relevant section of CA law that applies to shotguns that are not named specifically in the '89 and '94 bans (the M3 isn't) is from the SB23 legislation that went into effect Jan 1, 2000.

    It is:

    http://caag.state.ca.us/firearms/forms/pdf/awguide.pdf

    Shotguns
    (6) A semiautomatic shotgun that has both of the following:
    (A) A folding or telescoping stock.
    (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.

    (7) A semiautomatic shotgun that has the ability to accept a detachable magazine.

    (8) Any shotgun with a revolving cylinder.
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  • FrancF
    off topic a little

    Not trying to stir the pot or split legal hair- however I did have a question for DFG concerning Special hunts or shooting for the disabled,


    quote:(A) A folding or telescoping stock.
    quote:(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.


    I got an [?] unsure from DFG-

    BATF I havent called yet




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  • mark christian
    I am not sure what you question is franc. The AG/DOJ has defined these terms as follows:

    PISTOL GRIP- A grip that allows for a pistol style grasp in which the web of the trigger hand (between the thumb and index pinger) can be placed below the top of the exposed trigger while firing.

    COLAPSING/TELESCOPING STOCK- a stock which may be shortend by allowing one section to telescope into another.

    FOLDING STOCK- A stock which is hindged to the receiver to allow the stock to be folded next to the receiver to reduce the over all length of the firearm.

    Any of these named features (nad a few oterhs as well) qualifies a semi automatic firearm as an assault weapon which must have been registered prior to the cut off date. The are no conditional use permits in any of Californias AW regulations for disabled persons (though there are a few for persons such as competetion target shooters visiting CA) so unless the disabled shooter happens to be a CA licensed firearms dealer he or she must have owned and registered any such semiautomatic firearm prior to the date(s) the ban(s) went into effect.

    Mark T. Christian
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  • FrancF
    Mark-

    My question is,

    "Is there an execption to the rule of
    quote:
    (A) A folding or telescoping stock.



    quote:
    (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.


    For the handicap people that might have a weak or deformed arm? I know a young lad that would like to go on a DFG youth hunt. But to mod. a shotgun to fit might run into legal issues.

    Just asking- [:)]

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  • mark christian
    Unless Silver Box can cut and paste something from the same guy (a REAL expert without a doubt) who says that he knows how to add a folding stock to a FAL rifle (something a group FN engineers had to totally redesign the FAL rifle to accept), much less the special CA 10 shot version, I can find NOTHING which grants exemptions from any AW regulations to disabled persons. A full search through Artical 3, Section 12285, (a) through (h) inclusive (registration and permits) comes up with zero. The easiset course would be to write to the DOJ and ask them because the BATFE and Fish and Game will end up doing the exact same thing if such information is requested those agencies. The BATFE will as a matter of course refer all questions regarding state firearms regulations to the DOJ and at all of the BATFE dealer seminars I've attended over the last 20+ years there was always someone from the CA DOJ on hand to answer questions on state firearms regualtions.

    Mark T. Christian
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  • FrancF
    Thanks MC-[:)]

    supernook- Sorry did not mean to Hijack your post with my question. [:)]

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  • supernook
    Hey no problem.
    I got my quesiton answered. And thanks to Silverbox for the concise guideline.
    Cheers.


    BP
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  • CA sucks
    My question is along similar lines to this forum topic: I want to know if the Bushmaster M17S Bullpup Rifle is Calibanya legal or not. According to the NRA-ILA website, it "might" be illegal.
    The law states it is illegal if it is "(1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following: (A) A pistol grip that protrudes conspicuously beneath the action of the weapon."

    Being a bullpup rifle the pistol grip protrudes out quite far in front of the action, and not really beneath it. Is this distinction enough to make it legal or not?

    "No free man shal be debarred the use of arms"- Thomas Jefferson - virginia constitution proposal
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  • mark christian
    No, a pistol grip is a pistol grip no matter where it is located...unless you feel like going to court and pushing this isssue. We already have one martyr here on GB named Nitrouz/snake-eyes/Red223 (he has used all three names) who has been barking away at the DOJ on this (and other AW issues) for over two years and gotten no where. You also have to meet the 30 inch over all minimum length for rifles and I beleive that the newer versions of these Bushmaster bullpups with their shorter barrel and no flash hider fall a fraction of an inch short.

    Mark T. Christian
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  • CA sucks
    It seems to me if the law inteded to ban all pistol grips on rifles, it should have just said "A pistol grip that protrudes conspicuously from the weapon." The fact that it specified a location of the pistol grip gave me some hope, oh well, I guess the springfield M1 is about the best and only thing availible in California, too bad its way more expensive.

    "No free man shal be debarred the use of arms"- Thomas Jefferson - virginia constitution proposal
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