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tai
06-22-2008, 3:02 PM
I like to know will this be ok in CA, I need to get a ar pistol lower and Disable mag release, use tool to release the 10rd mag. Will this be legal in CA??

ke6guj
06-22-2008, 3:06 PM
With a BB, it is legal. The trick is getting the pistol lower. Not on the roster, so it has to come in in an exempt configuration.

edit: :xeno: for more info about AR pistols

tai
06-22-2008, 3:09 PM
With a BB, it is legal. The trick is getting the pistol lower. Not on the roster, so it has to come in in an exempt configuration.

How can I get a Pistol lower in CA??

JeffM
06-22-2008, 3:15 PM
:xeno: for more info about AR pistols

...

ar15barrels
06-22-2008, 9:44 PM
As pictured, that gun has a magazine that mounts somewhere other than inside the pistol grip.
It also has a threaded muzzle.
If it's semi-automatic, it's an assault weapon, even with the magazine fixed to 10 rounds.

Quiet
06-22-2008, 9:46 PM
CA Penal Code 12276.1
(a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.

ke6guj
06-22-2008, 10:14 PM
with the fixed mag, 12276.1 (a)(4) does not apply since 4 is for detachable magazine semi-auto pistols.

(a)(5) would apply with a BB, so no fixed mags over 10 rounds.

knexx
06-23-2008, 10:11 AM
CA Penal Code 12276.1
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.


Yikes so that does that mean my shotgun with a fore-end pistol grip, rear-end pistol grip, and barrel shroud is an assault weapon?

ar15barrels
06-23-2008, 10:15 AM
does that mean my shotgun with a fore-end pistol grip, rear-end pistol grip, and barrel shroud is an assault weapon?

Is it a semi-automatic?

ke6guj
06-23-2008, 10:26 AM
Yikes so that does that mean my shotgun with a fore-end pistol grip, rear-end pistol grip, and barrel shroud is an assault weapon?That section you quoted applies to semi-auto pistols with detachable mags.

this wouldn't apply since your shotgun is not a pistol unless the barrel is less than 16". It also doesn't apply if it doesn't have a detachable magazine. If it's not semi-auto, then none of the AW regs apply at all.

NoobShooter
06-23-2008, 9:56 PM
I would stay far away from that for legal reasons... but covet it secretly.

There's a statement of "intent" in the legalease and the prosecutor would do anything to make an example and precedence of you.

bwiese
06-23-2008, 10:50 PM
I would stay far away from that for legal reasons... but covet it secretly.

There's a statement of "intent" in the legalease and the prosecutor would do anything to make an example and precedence of you.

There's no 'intent' or 'constructive possession' anywhere in the PC for AW-related matters.

They DOJ tried 'intent' and they lost back in the Ben Cannon group buy days.

As long as the gun is correctly configured when it crosses the state line so as not to be described by a 12276.1PC-described configured features suite, it's a go.

NoobShooter
06-24-2008, 10:42 PM
I stand corrected... intent statements I saw were probably from an older version of the law.

So, unless the lower receiver (the serialized "gun") is properly registered as a handgun, it'll be fine. However, that particular gun can still fall under definitions per 12020, correct?

(2) As used in this section, a "short-barreled rifle" means any of the following:
(A) A rifle having a barrel or barrels of less than 16 inches in length.
(B) A rifle with an overall length of less than 26 inches.
(C) Any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length.
(D) Any device which may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subparagraphs (A) to (C), inclusive.
(E) Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C), inclusive, or any combination of parts from which a device defined in subparagraphs (A) to (C), inclusive, may be readily assembled if those parts are in the possession or under the control of the same person.

(20) As used in this section, a "rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

ke6guj
06-24-2008, 10:58 PM
It is not an SBR if the reciever never had a shoulder stock on it and was registered as a pistol.. By never having a shoulder stock, there is no designed or redesigned, made or remade, and intended to be fired from the shoulder that would make it an rifle, and if it isn't/wasn't a rifle, then it isn't an SBR.