PDA

View Full Version : Can you legally purchase Tapco T6 Saiga stockset in CA?


into_the_knight
07-23-2009, 12:00 PM
Stupid question.

I just sold a Tapco T6 stock set (pistol grip + telescoping stock) on ebay.

The buyer is in California.

I am in Alabama.

I am worried about the legality of this sale. I do actually come to California for business occasionally so the question is not just academic.

Can I ship this item to the buyer? Or am I going to have to tell him sorry?

Redchevyman
07-23-2009, 12:03 PM
It is legal to sell in California.

MrClamperSir
07-23-2009, 12:04 PM
Good to go. You can purchase those here.

kdm
07-23-2009, 12:05 PM
Nothing illegal with selling a stock set.

professorhard
07-23-2009, 12:05 PM
Perfectly legal.

Decoligny
07-23-2009, 12:06 PM
While it may not be legal to have this stock set on certain weapons, it would depend upon the setup of the particular weapon. If the individual were to build a .22 rimfire rifle that he wanted to use the stock on, it would be a perfectly legal weapon. However, since there is no constructive possession rule in CA, it is not against the law to sell "parts" that "could" be used to put toghether an illegal assault weapon.

Go right ahead and ship to the buyer.

into_the_knight
07-23-2009, 12:07 PM
Thanks all. Should I say anything to the buyer about making sure he is in compliance with 922 and California law? I don't want to say anything specific but rather just a warning that he needs to know his local laws before doing anything? Would that constitute legal advice that puts me in harm's way?

lorax3
07-23-2009, 12:08 PM
There is nothing illegal about selling the stock set by itself. However if the stock set is put onto a Saiga it can create an 'assault weapon' if a 'maglock' is not installed.

To put your mind at ease, you should not be liable for anything. You just sold parts, and parts are not illegal, nor is there 'constructive possession' in CA.

A mag lock would made the Saiga have a 'non-detachable magazine' or a 'fixed magazine' as it would require a tool to remove the magazine.

People do make maglock's for Saiga, as well as AK, AR's etc.

Also, please tell your local FFL's that CA is 'gun hungry' and there is a great market in shipping weapons to CA. Most firearms only need a small modification(and some none at all) to make them CA legal. Most advertisers on this site seem to be out of state'ers who realized the kind of money they were missing out on not shipping to CA.

If you makes you feel better you can add a disclaimer that many sites have, 'The buyer is responsible for the legal use of this part, the buyer cannot hold the seller responsible should he/she use this part in an illegal fashion'


12276.1. (a) Notwithstanding Section 12276, "assault weapon" shall
also mean any of the following:
(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.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a fixed magazine
with the capacity to accept more than 10 rounds.
(3) A semiautomatic, centerfire rifle that has an overall length
of less than 30 inches.

bwiese
07-23-2009, 1:40 PM
Thanks all. Should I say anything to the buyer about making sure he is in compliance with 922 and California law? I don't want to say anything specific but rather just a warning that he needs to know his local laws before doing anything? Would that constitute legal advice that puts me in harm's way?

No, you have the right of free speech.

Tell him to ensure he's paying attention to 18USC922(r)/27 CFR 478.39 domestic parts content before assemlbing to gun. It could also help to tell him to maintain a fixed 10rd magazine - as detachable mag would render this a CA-defined assault weapon.

A reminder to follow broadly relevant laws to help someone stay out of trouble is a *good* thing, esp to help a fellow gunnie.