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andyboy
05-25-2009, 2:28 AM
i want to legally own a pistol here in cali, i have looked and looked but cant find any good threads on how to legally posses one. and even more technical question, i am 20, if i bought a pistol lower and put it into my moms name and grandfathered it into my name, technically, you dont have to be 21 to get a pistol into your name if i am correct under the grandfather clause, right?? also does she need a pistol completion class or some kind of safety class to get it into her name??

also, i have read on other threads that they have a 16 barrel on their ar and a 14.5 barrel not installed on anything, and technically the uninstalled 14.5 barrel is considered scrap metal and not illegal since they have a legal 16 barrel that they can assemble into a cali compliant gun correct??

Thank you

Quiet
05-25-2009, 2:40 AM
Currently in CA, you can not buy a stripped AR pistol lower (unless it's via PPT). This is due to the fact that AR pistols are not on the CA DOJ approved list.
This is why the most common method of getting an AR pistol in CA is by importing a single-shot AR pistol.

As a person under 21 years of age, you can not purchase stripped AR reciever and/or a handgun.

Getting a handgun in your mom's name for you to own, would be illegal.
Your mom buying a handgun, in order to gift to you would be legal.
Both, you and your mom, need to get a HSC. After your mom purchases the handgun and gifts it to you. You have 30 days to send in paperwork to transfer ownership to you.

If you have an AR rifle and then acquired an AR barrel/upper with a length less than 16", then you will be in possession of an unregistered SBR (which is a felony).

Turo
05-25-2009, 2:43 AM
i want to legally own a pistol here in cali, i have looked and looked but cant find any good threads on how to legally posses one. and even more technical question, i am 20, if i bought a pistol lower and put it into my moms name and grandfathered it into my name, technically, you dont have to be 21 to get a pistol into your name if i am correct under the grandfather clause, right?? also does she need a pistol completion class or some kind of safety class to get it into her name??

You can legally own a pistol being 20 (or any age between 18 and 21.) You cannot legally buy one from a licensed firearms dealer. You can fill out and send in a form (Intra-Familial Transfer (http://www.ag.ca.gov/firearms/forms/pdf/volreg.pdf)) to transfer a handgun from your parent/grandparent to you. She may need a Handgun Safety Certificate to purchase a handgun from a licensed dealer. The test is REALLY easy to pass, so no worries there.


also, i have read on other threads that they have a 16 barrel on their ar and a 14.5 barrel not installed on anything, and technically the uninstalled 14.5 barrel is considered scrap metal and not illegal since they have a legal 16 barrel that they can assemble into a cali compliant gun correct??

Thank you

It is not against the law to OWN parts to illegal guns, but to own a completed illegal gun is, well, illegal. Other than that, I don't know.

Quiet
05-25-2009, 2:45 AM
It is not against the law to OWN parts to illegal guns, but to own a completed illegal gun is, well, illegal. Other than that, I don't know.

It's aganist CA & Federal law to possess NFA parts along with a firearm that can accept those NFA parts.


In regards to the OP's question about possessing an AR rifle and a 14.5" AR barrel, possession of both those would meet CA definition of a SBR [PC 12020(c)(2)(E)].


Penal Code 12020
(c)(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.

andyboy
05-25-2009, 2:49 AM
yes,i would register it in my name, i just read that she could transfer it into my name becuase she is technically grandfathering it to me and under that clause i dont have to be 21.

people usually convert their single shot pistol to semi?? what is PPT??

and yes the rifle would already be assembled as a 16 inch barrel, just to have an extra 14.5 is illegal??

thanks for your input, andy

andyboy
05-25-2009, 2:52 AM
you guys are awesome, thanks, could you point me in the direction of an ar pistol link

much appreciated guys, thanks

Quiet
05-25-2009, 2:57 AM
yes,i would register it in my name, i just read that she could transfer it into my name becuase she is technically grandfathering it to me and under that clause i dont have to be 21.
The term you are looking for is not "grandfathering", it is intra-familial gifting [PC 12078(c)].

people usually convert their single shot pistol to semi??
Yes.
After a single-shot AR pistol is DROS'd and you take possession of it after your 10 day wait, the AR pistol can be converted to a semi-auto AR pistol with a fixed 10 round magazine.

what is PPT??
PPT = Private Party Transfer.
A firearms transfer between two CA residents facilitated by a CA FFL dealer.


and yes the rifle would already be assembled as a 16 inch barrel, just to have an extra 14.5 is illegal??
Yes. It's a felony. Both, state and Federal.

SJgunguy24
05-25-2009, 3:00 AM
A.F.I.K. a person under 21 can buy a stripped AR lower,BUT it needs to have a L.P.K. and stock installed by the buyer. Then if one builds a pistol with that lower, that person is asking for big trouble. If you want an AR pistol so bad(second thread on this issue with less then 10 posts) Then wait until your 21.

AR pistols need to be drosed as single shots, if not they need to be on the "safe" handgun list.
PPT is private party transfer.

Turo
05-25-2009, 3:04 AM
It's aganist CA & Federal law to possess NFA parts along with a firearm that can accept those NFA parts.

oh, I guess that's news to me. I was always told owning parts was fine, but I guess not. Thanks for that nugget.

Quiet
05-25-2009, 3:07 AM
oh, I guess that's news to me. I was always told owning parts was fine, but I guess not. Thanks for that nugget.

Owning parts for an "assault weapon" and a firearm that those parts can go on, is not illegal.

NFA parts are a different story.

hoffmang
05-25-2009, 10:15 AM
Let me put a little clarification here.

One should not own FA lower parts without a tax stamp for a machine gun. One can own a short barrel for an AR if and only if one also owns a pistol marked lower in California. What you do not want to do is own a short barrel and only AR Rifle lowers. That would be considered constructive possession of a Short Barreled Rifle absent owning an AR Pistol lower.

There are legal ways for a 20 year old to obtain possession of an AR pistol lower in California. If one of the family members required under California law lives out of the state, they can acquire and then intra-family transfer through a CA FFL a pistol marked lower for example.

-Gene

ke6guj
05-25-2009, 10:27 AM
There are legal ways for a 20 year old to obtain possession of an AR pistol lower in California. If one of the family members required under California law lives out of the state, they can acquire and then intra-family transfer through a CA FFL a pistol marked lower for example.

-GeneBut a 20-year old cannot receive an interstate intrafamily transfer of a handgun since the FFL cannot transfer the handgun/lower to a person under 21.

hoffmang
05-25-2009, 10:29 AM
But a 20-year old cannot receive an interstate intrafamily transfer of a handgun since the FFL cannot transfer the handgun/lower to a person under 21.

You are correct. One would have to transfer between over 21 family members interstate and then transfer to the under 21 year old intrastate.

-Gene