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View Full Version : Any restrictions on uppers w/flash hiders?


supdawg
06-28-2006, 8:10 PM
Since the upper is not a firearm in itself, is it legal to have an upper with a flash hider attached shipped into CA?

tenpercentfirearms
06-28-2006, 8:20 PM
I sure hope so. I have a dozen or so in my gun shop.

supdawg
06-28-2006, 8:31 PM
HA! I guess that answers my question.

I was thumbing through Shotgun News and came across an ad for uppers. I can't recall which vendor it was, but there was a disclaimer stating that uppers with flash hiders will not be shipped to CA. I guess it's personal preference whether or not to sell to CA, huh?

Shane916
06-28-2006, 8:42 PM
Some companys wont ship jack to CA. They are usually misinformed or just don't care to know CA laws and therefore choose to deny us of LEGAL merchandise :) This is especially the case with OLL.

chris
06-28-2006, 10:10 PM
remember the barrel length will come into play. make sure it is alteast 16" or you have the SBR come into play and this state is not NFA friendly. good luck. also the gun shows seem to have lots of uppers there too.

Matt C
06-28-2006, 10:38 PM
If you are going non-pistol grip detachable (sbr) you cannot have a flash hider/forward grip ect.

supdawg
06-29-2006, 3:10 PM
Ok, wait. Now, since the upper is a non-regulated item, would the barrel length even matter? Obviously, if I attached it to a lower and the barrel is under the legal requirement, it's illegal, but we're talking about the upper alone.

AxonGap
06-29-2006, 3:35 PM
Ok, wait. Now, since the upper is a non-regulated item, would the barrel length even matter? Obviously, if I attached it to a lower and the barrel is under the legal requirement, it's illegal, but we're talking about the upper alone.

Absolutely, don't even touch it unless it has a muzzle device permanently affixed making it over 16". Even though it's not considered a firearm by itself, by component it's an SBR. Check BATF's reg's for SBR's. Even if the lower was registered as a pistol and switched back there would be legality issues (someone correct me if Iím wrong on this). (BTW SBR = Short-Barreled Rifle)

blkA4alb
06-29-2006, 3:37 PM
Ok, wait. Now, since the upper is a non-regulated item, would the barrel length even matter? Obviously, if I attached it to a lower and the barrel is under the legal requirement, it's illegal, but we're talking about the upper alone.
Technically no, you could have a 14.5" upper sent to your door. The second you place that upper on a lower you just made yourself a felon. Theres no reason you should be getting an upper with a barrel under 16". Unless it has a permantly welded on flash suppressor/brake. You will notice though that all the under 16" uppers say "All NFA Rules Apply."

supdawg
06-29-2006, 3:40 PM
Philisophical morals aside, what I SHOULD be doing or not doing isn't the question. The fact is that the ordering an upper is not different than ordering a buttstock. It's an unregulated item. The question was why would the barrel length matter on an unregulated item, if there is no intention of attaching it to a lower while in CA?

blkA4alb
06-29-2006, 3:47 PM
Philisophical morals aside, what I SHOULD be doing or not doing isn't the question. The fact is that the ordering an upper is not different than ordering a buttstock. It's an unregulated item. The question was why would the barrel length matter on an unregulated item, if there is no intention of attaching it to a lower while in CA?
It doesn't. You are free to order an upper with any length barrel. Why would you want to order a short barrel then anyways? If you intend on attaching it out of state that is still a federal crime as it is not registered (I'm not saying that is what you are planning to do, but why else would you want a short upper and say "if there is no intention of attaching it to a lower while in CA?") :confused:

EDIT: Hmm, am I mistaken? Do SBR uppers require a C3 license? I've never bothered to think about it.

AxonGap
06-29-2006, 3:54 PM
If you were the subject of a bust by cranky BATF agents, even if it was unassembled and the 14.5" upper was in the same safe/proximity of the lower, they could possibly nail you for intent on creating an SBR rifle. If you really want the look, just get one (14.5") from Bushmaster w/ a muzzle device welded to the barrel making it 16".

blkA4alb
06-29-2006, 3:57 PM
If you were the subject of a bust by cranky BATF agents, even if it was unassembled and the 14.5" upper was in the same safe/proximity of the lower, they could possibly nail you for intent on creating an SBR rifle. If you really want the look, just get one (14.5") from Bushmaster w/ a muzzle device welded to the barrel making it 16".
Exactily, theres no reason to have an SBR upper except to cause trouble for yourself.

rorschach
06-29-2006, 4:20 PM
How did we get from flash hiders to SBRs is beyond me, but sellers are free to sell and not sell to whomever they wish.

Bushie also makes a 11.5 barrel with a 5.5 flash hider that looks kinda cool. When those guys on ARF finally get that Stag old-school lower thing sorted out, I'd like to make an XM-177.

grammaton76
06-29-2006, 5:26 PM
Personally, I like the Stag 14.5" + YHM FH...