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View Full Version : SBR registered Lower with 16 inch upper. OK in CA?


ADOR
11-12-2008, 11:48 AM
Folks, I am currently in the process of moving back to CA for 2 years (school).

Is it legal to bring in a SBR registered Lower to CA ( I will leave my SBR uppers in NV), and install a 16 inch upper? Then install a Bullet Button, and a 10 round magazine?

I just don't have the fund to purchase new AR lowers at this time. But I would like to shoot my AR while I'm in CA.

Additional question. If you were to use a .22LR upper and 10round magazine, is Bullet Button still required?

Thanks folks.

Ding126
11-12-2008, 12:07 PM
even though your lower is registered as an SBR..It shouldn't matter as long as you have a 16" + upper.
I know several people who registered their rifles as an SBR but never followed through with the barrel change on an HK94

As long as the lower is not on the CA AWB list.

I think your safe and I was actually going top register a couple of lowers for future, out of state shoots.

tgriffin
11-12-2008, 12:22 PM
I'm going to say no. As a registered SBR, it will be illegal to possess in California. Is that rediculous? Yes. Would anything likely come of it (short of it being a listed lowere)? No. Would I bring it into CA? NO.

CCWFacts
11-12-2008, 12:51 PM
I'm going to say no. As a registered SBR, it will be illegal to possess in California. Is that rediculous? Yes. Would anything likely come of it (short of it being a listed lowere)? No. Would I bring it into CA? NO.

I'm also going to say no, for these reasons:


It's still an SBR
You need to notify the BATF when you take it across state lines, and I don't see how they would approve you taking it into a state that doesn't allow SBRs
It's probably a "listed" receiver, like a Bushmaster or Colt or whatever, and if it is, even the bare receiver, even if it is not an SBR, is illegal


But I'm not the master of California's bizarre AW / NFA laws, so those are more like guesses than statements of legal fact.

CAL.BAR
11-12-2008, 12:56 PM
Three strikes and it's out. I agree with the other posters. A registered SBR is per se illegal in CA. (even if the receiver isn't on the list)

ADOR
11-12-2008, 1:04 PM
Thanks folks. Glad I asked.

ke6guj
11-12-2008, 1:14 PM
I'm also going to say no, for these reasons:


It's still an SBR
You need to notify the BATF when you take it across state lines, and I don't see how they would approve you taking it into a state that doesn't allow SBRs

I'm gonna say +1 based on the above reasons.

YOu have to fill out a 5320.20 for permission to transport across state lines, and a non-C&R SBR is not legal in CA. So, BATF should disapprove the app.

bwiese
11-12-2008, 1:25 PM
Yup. Fuhgeddabout it, not worth the grief. Go get another off-list lower.

Leave the SBR'd lower in Okla.

Ding126
11-12-2008, 1:42 PM
I learn something new everyday...Great info.

CHS
11-12-2008, 4:33 PM
If it's a non-listed lower, and you don't care too much about it being a registered SBR, you *CAN* have it removed from the NFA. I don't know what form, but you can have it unregistered. Just sell off the upper and then do it. It will go back to being just a plain ole title 1 firearm.

Now, if you planned on traveling back and playing with your SBR upper a lot, or don't want to go through the hassle of registering another SBR in the future, then it might not be worth all of that.

But it is an option. SBR's and SBS's and AOW's can all be struck off the NFA registry if they are configured back into regular title 1 firearms territory. I don't know about DD's and as far as I know, MG's can only ever be destroyed for removal from the registry.

ke6guj
11-12-2008, 5:13 PM
I'm pretty sure you just write a letter to the NFA branch that you converted it back to Title I status and to update the registry to show that. They don't delete anything from the registry, they just update it to show that it is no longer in Title II status. I've heard it can take months to years to get an acknowledgement of the the letter. And you don't get the $200 back. So, if you want to re-SBR it later, its another $200.

CHS
11-12-2008, 5:16 PM
And you don't get the $200 back. So, if you want to re-SBR it later, its another $200.

Hahaha, yeah I figured as much with that one.

xLusi0n
11-12-2008, 9:30 PM
I have a SBR in Arizona and I leave it in a safe deposit box in Arizona. I don't want to give any reason for CA to arrest me on a felony.

GunSlut
11-13-2008, 1:10 AM
You must have a CA SBR permit to bring it into California. The state will also want you to get a Federal NFA, type 63 lisc. Good luck on that one.

ke6guj
11-13-2008, 11:35 AM
The state will also want you to get a Federal NFA, type 63 lisc. Not familiar with that, got a link?

BaronW
11-13-2008, 7:28 PM
I'd pay the $100 for another lower now rather than pay $200 to get an SBR again later.

artherd
11-13-2008, 9:30 PM
No, the firearm would be prohibited by both virtue of it's SBR registration *regardless* of it's bbl length.

trinydex
11-14-2008, 6:07 PM
what happens if you don't pay the renewel fee or whatever? does it become unregistered by itself?

6172crew
11-14-2008, 6:36 PM
I don't think your going to get a 5320 from the ATF to move your lower... But if you find a way let me know. My title 2 stuff I'd in NV as well.

6172crew
11-14-2008, 6:39 PM
what happens if you don't pay the renewel fee or whatever? does it become unregistered by itself?

It's a one time tax fee.