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View Full Version : "Commercial purpose" definition?


Lostsheep
09-04-2011, 8:44 PM
I need help here. I searched and the most pertinent links that I came up with are the two listed below.

http://www.calguns.net/calgunforum/archive/index.php/t-457551.html

http://www.calguns.net/calgunforum/showthread.php?t=119657&highlight=color


I want to build an AR that looks like this but PC 12020.3 concerns me. My question is basically, does this look like an illegal configuration? It would be for my own private use, I believe that the commercial purposes line excludes me, and the entire gun would not be orange even though it is predominantly so. Also, WRT 12020, I believe it would be immediately recognizable as a firearm.

http://i964.photobucket.com/albums/ae128/jlckwd/DOHCONCEPT.jpg


12020.3. Any person who, for commercial purposes, purchases, sells,
manufacturers, ships, transports, distributes, or receives a
firearm, where the coloration of the entire exterior surface of the
firearm is bright orange or bright green, either singly, in
combination, or as the predominant color in combination with other
colors in any pattern, is liable for a civil fine in an action
brought by the city attorney of the city or the district attorney for
the county of not more than ten thousand dollars ($10,000).

12020. (a) Any person in this state who does any of the following
is punishable by imprisonment in a county jail not exceeding one year
or in the state prison:
(1) Manufactures or causes to be manufactured, imports into the
state, keeps for sale, or offers or exposes for sale, or who gives,
lends, or possesses any cane gun or wallet gun, any undetectable
firearm, any firearm which is not immediately recognizable as a
firearm,

This is the best definition my google-fu came up with which makes me think 12020.3 does not apply to me.

Commercial Purposes:
The carriage of persons or property for any fare, fee, rate, charge or other consideration,
or directly or indirectly in connection with any business, or other undertaking intended
for profit. USC 18

Quiet
09-05-2011, 7:12 AM
I want to build an AR that looks like this but PC 12020.3 concerns me. My question is basically, does this look like an illegal configuration? It would be for my own private use, I believe that the commercial purposes line excludes me, and the entire gun would not be orange even though it is predominantly so. Also, WRT 12020, I believe it would be immediately recognizable as a firearm.

The part in bold is why it's legal for you to have it that color.

adriantimatter
09-05-2011, 9:21 AM
Did you design that with a 3D CAD program? That's awesome. If so, what program was it?

Lostsheep
09-05-2011, 9:39 AM
The part in bold is why it's legal for you to have it that color.


Thanks, I think I am really just looking for back up on my interpretation of the law. I know that YANAL but neither am I. The more who back me up the better I feel about it.


Did you design that with a 3D CAD program? That's awesome. If so, what program was it?

That's Solidworks with most of the parts downloaded from:
http://www.3dcontentcentral.com (http://www.3dcontentcentral.com/)

SDS-Ruger
09-05-2011, 1:06 PM
that is a cool site for soildworks parts

CHS
09-06-2011, 8:04 AM
If you're not selling them, it's not for commercial purposes.

Personal/private use is absolutely not commercial purposes.