PDA

View Full Version : .50 BMG, AGAIN!


Mute
02-10-2010, 9:23 AM
Opinion from our legal minds. DTA's new rifle, the HTI (http://www.deserttacticalarms.com/firearms) is available in 4 calibers that are easily interchangeable with just a barrel and bolt swap. If you buy the rifle in one of the three non-.50 BMG offerings, what would be the legality of the .50 coversion kit?

professorhard
02-10-2010, 9:25 AM
It would be illegal to make it shoot 50BMG

IGOTDIRT4U
02-10-2010, 9:29 AM
And it's 3800 bucks!

PolishMike
02-10-2010, 9:32 AM
And it's 3800 bucks!

Its $4630 for the chassis or $7115 w/50BMG setup.

mrkubota
02-10-2010, 9:42 AM
rent 'FluxCapacitor's' .50DTC-EDM reamer and have them rechamber the .50cal barrel so you can assemble and shoot it here with a CA legal BMG equivelent... :)

http://www.daplane.com/50bmg/50dtc/cart_comp_00.jpg

383green
02-10-2010, 10:01 AM
Opinion from our legal minds. DTA's new rifle, the HTI (http://www.deserttacticalarms.com/firearms) is available in 4 calibers that are easily interchangeable with just a barrel and bolt swap. If you buy the rifle in one of the three non-.50 BMG offerings, what would be the legality of the .50 coversion kit?

There's no constructive possession clause in CA's .50BMG ban, so it would be legal to possess the conversion kit.

Installing the conversion kit in CA or possessing the converted rifle in CA would be illegal, of course, for anybody not in one of the classes exempted from the .50BMG ban.

In my humble and non-lawyerly opinion, I would not feel comfortable possessing the disassembled rifle with only a .50BMG barrel/bolt in CA. It would seem too easy to me to make a case that it was a disassembled .50BMG rifle, as opposed to a non-.50BMG rifle sitting next to some parts. If I had that rifle and also possessed the .50BMG barrel (say, for use outside CA), I would keep a non-.50BMG barrel/bolt installed in it when in CA.

IGOTDIRT4U
02-10-2010, 10:09 AM
Its $4630 for the chassis or $7115 w/50BMG setup.

HOLY CRAP!

loather
02-10-2010, 10:33 AM
If you want a CA-legal .50 BMG firearm, get one of the stockless M2 variants. Since they're not rifles, they're not technically affected by the ban. :)

Either way, it's shaping up to be a moot issue here in the future. Once incorporation hits, it'll be game on for attacking laws like the assault weapon ban and .50 BMG rifle ban. We will prevail.

Longshot37
02-10-2010, 12:24 PM
Not to get off topic but i think it might be.................Is it legal to own a .50 bmg barreled upper as long as you dont get caught with it conected to a lower
thanx

Knight
02-10-2010, 12:30 PM
Not to get off topic but i think it might be.................Is it legal to own a .50 bmg barreled upper as long as you dont get caught with it conected to a lower
thanx

Technically yes, but that doesn't necessarily mean that you won't get in trouble for it. Sucks, yes, but that's the state we live in.

383green
02-10-2010, 12:53 PM
Not to get off topic but i think it might be.................Is it legal to own a .50 bmg barreled upper as long as you dont get caught with it conected to a lower
thanx

I wouldn't consider this to be off-topic, as I don't see a significant difference between a .50BMG barreled AR upper vs. a .50BMG barrel+bolt for the rifle in the original post.

A .50BMG barreled upper, all by itself, isn't a rifle. Thus, it's not banned by the .50BMG ban. And a .50BMG upper in the general vicinity of one or more complete, functional, legal, non-.50BMG AR-style rifles should be legal since there's no constructive possession clause in the .50BMG rifle ban.

But use some common sense: If you get caught with a .50BMG upper sitting next to a lower assembly with no upper on it, then I think that a prosecutor can easily argue that you have a .50BMG rifle which happens to be disassembled, as opposed to two separate pieces sitting next to each other. While you may argue that neither of the two pieces is a .50BMG rifle, I wouldn't like my odds of successfully arguing that in front of a jury.

Personally, I wouldn't feel comfortable having .50BMG uppers in my house without at least one lower that's registered to legally accept them in CA. It may be perfectly legal, but it's close enough to the edge that I'd rather not risk a legal persecution, particularly when we may be within a couple years of shooting down the ban in court anyway.

ilawson
02-10-2010, 1:20 PM
Does the ban specifically call out a rifle chambered in .50 browning machine gun or is it a ban on rifles that can fire .50bmg? In other words, if I had a reamer made that straightened the taper and blew out the shoulder angle (ackley improved basically) would that be illegal to use because you can fire a .50bmg case in it to fireform the brass?

CaliforniaCarry
02-10-2010, 1:26 PM
Not to get off topic but i think it might be.................Is it legal to own a .50 bmg barreled upper as long as you dont get caught with it conected to a lower never attach it to a lower
thanx

^^^ Subtle fix. Don't just not get caught doing it, don't do it period.

383green
02-10-2010, 1:27 PM
Does the ban specifically call out a rifle chambered in .50 browning machine gun or is it a ban on rifles that can fire .50bmg? In other words, if I had a reamer made that straightened the taper and blew out the shoulder angle (ackley improved basically) would that be illegal to use because you can fire a .50bmg case in it to fireform the brass?

12278. (a) As used in this chapter, a ".50 BMG rifle" means a center fire rifle that can fire a .50 BMG cartridge and is not already an assault weapon pursuant to Section 12276, 12276.1, or 12276.5, or a machinegun, as defined in Section 12200.

It then goes on to define what is meant by ".50 BMG cartridge", with a bunch of dimensions. If the rifle is capable of firing the specified cartridge (even if not safely), it's considered to be a .50 BMG rifle. That's why the 50DTC cartridge has the shoulder pushed back if I'm not mistaken, so that a regular .50BMG cartridge can't be chambered and fired.

So the answer is, yes, such a rifle would be restricted by the .50 BMG ban.

Longshot37
02-10-2010, 1:48 PM
The .50 bmg barrel would be for out of state competition ONLY it would never touch my lower cause i already have a .50 DTC
Just hard to get and make match ammo for the DTC on the count that the die manufactures want you to wait 6 months just for standard die set