eBay uses expired California law as company policy

Submitted by admin on Tue, 08/23/2011 - 10:37

We sell a lot of gear on eBay but they shut down any listing that says "AK", "AR" or "AR15" in the title claiming that all ARs/AKs are classified as "assualt weapons" according to California law. eBay's policy page links to what appears to be an old page on the AG's website to back up their policy. I am hoping that we can get the AG to remove the page and then force eBay to change their policy on banning these keywords. If buyers can't search for "AR" or "AK" then this eBay policy prevents people from buying and selling even something as simple as a stock, magazine pouch or sling.

And YES, I do know that eBay is evil and very much anti-gun. Sure we do gun shows, but sadly eBay is the biggest game in town so its the only way to sell to such a large audience. But I just don't think companies like eBay should get away with a policy based on "law" by underhandedly linking to expired web pages. If that's their policy fine, but saying its a "law" is wrong.

Interestingly there are over 200 websites that reference the AG's expired webpage, so plenty of people are getting misinformed.

Tenpercentfirearms.com has an excellent break down of the California Assualt Weapons bans and how they have evolved.

"In 2001, a California Supreme Court Decision (Harrott vs. County of Kings) clarified that SB23 could not ban AR15/AK47s by series, but must ban them by specific make and model number. The CA DOJ used as a reference the Kasler List which specified which firearms were banned. The CA DOJ admitted in 2005 that the Harrott decision was law and that receivers not listed specifically by make and model number in the Kasler List were legal to possess. Further in September 2006, Attorney General Bill Lockyer clearly laid out the legality of these receivers in a letter to Governor Arnold Schwarzenegger as he wrote in support of AB2728. AB2728 passed and became law on January 1, 2007 and the Attorney General no longer has the ability to list AR15/AK47 Series firearms as assault weapons."

Californafirearms.com also has a good analysis of the existing laws.

I am hoping that with enough comments the AG will remove the expired information or at the very least make a very visible notice on the page that the information is no longer law. Its not just for my business but for the rights of all gun owners.


Here is a copy of the eBay's message (I bolded the section that is not true):

You recently listed the following listing:

280648499879 - OTIS AR15 Rifle Gun Kit with DVD USGI NEW 5.56 Cleaning

Unfortunately, we had to remove your listing because of the following:

Your listing was removed because it is an accessory kit for an AR-15, which is considered an assault weapon under California law. eBay does not permit the sale of any assault weapon-related parts or accessories. Parts are generally defined as items that attach to the gun to assist in the function of the weapon. Accessories are defined as items associated with the use of a weapon. This prohibition applies to all parts and accessories related to any firearm defined as an "assault weapon" by federal or California law. If your item will work with non-assault weapons it can be relisted if you avoid mentioning use with these types of weapons. We strive to keep eBay a safe place to trade. If you find other listings in violation of this policy, I encourage you to report them by using the 'Report this Item' link on the listing.

Because of various laws and regulations on the sale of assault weapons and parts and accessories for assault weapons, we don't allow selling these items on eBay.

But you can list accessories that would fit a variety of different weapons, such as scopes, sites, and shoulder straps. If you do sell these items, you can't mention assault weapons in your listing.

Keep in mind that any listing for an item that's described as a part or an accessory for an assault weapon will be removed. Even if an item doesn't attach to an assault weapon, you still can't list it on eBay.

Here's more information on our policy:

Please note: violation of this or other eBay policies may result in forfeit of eBay fees on cancelled listings, limits on account privileges and account suspension.

You can review our list of prohibited and restricted items here:

If you have any more questions, contact our policy experts. Get started by clicking the link below.

We appreciate your understanding.



Why did eBay remove my listing?

Knowing the rules for sellers:

Drupal theme by Kiwi Themes.