View Full Version : 50 bmg upper not legal to own?
02-19-2012, 12:28 PM
Someone told me "I spoke with the calif doj and they said yhe upper is not legal here. The assault weapons person said any unregistered 50cal upper or gun is illegal here."
is there a new law that prohibits us from owning a 50 BMG upper such as the Zel ands Bohica?
Does that mean If I have uppers that I use / assemble as a whole rifle out of state I am in violation of law.
02-19-2012, 12:29 PM
Of course it is legal to own. The upper is just a part.
02-19-2012, 1:05 PM
I'm no lawyer, but so far as I can tell, as bigcalidave suggested you can own a .50 BMG upper. If you hook it up to something out of state - it's fine if it is OK with that state.
But with the level of knowledge you find with the Cal DOJ and in prosecutors, and some LEO's - you may still have legal problems from owning a .50 BMG even if you are doing so perfectly legally.
02-19-2012, 2:48 PM
Which DOJ staffer told you this? We need to get a handle on the BS that DOJ phone clerks issue.
Did you get this verbally or in writing?
From a pure standpoint, there is no constructive possession of a "50BMG rifle" based on expresio unius (essentially,
"what is said in one statute cannot be assumed to be expressed in another": the lack of wording in the area of concern
is assumed to be legislative intent, and lack of that constructive possession wording/concept this cannot be inferred
from one area to another. This standard cits to back this stance are in California cases Gebremicael v. Calif. Comm.
on Teacher Credentialing and People v. Licas.
50BMG rifles generally have a separate but overall parallel legal treatment from AW legal matters; they are separate
There also is paperwork from DOJ Deputy AG to CA NRA lawyer Chuck Michel stating that constructive possession doesn't
apply to the field of by-feature AWs. Furthermore, the existence and tolerated sales of OLL ARs, AKs, etc. (along with
many other situations and documents and dismissals, etc.) shows this passes muster.
Possession of a separated 50BMG upper + a lower may well smell bad and cause some extended entanglement. If I had
OLL rifles/lowers and a 50BMG upper I'd not have a separate spare lower within CA that would appear to be exclusively
pairable with the 50 upper.
02-19-2012, 5:39 PM
I bought a Zel custom upper in .416 Barrett and it was shipped right to my door, you cannot do that with firearms unless you are a FFL (I am not). I have also bought other uppers that were shipped to my door, they are considered parts and are not DROS'd. You can buy a .50BMG Upper and possess it in CA because the law banning .50BMG's only applies to those that can be fired from the shoulder, an upper cannot be fired from the shoulder, matter of fact you can still buy a .50BMG that mounts on a tripod (sorry forgot specific name) and has no stock.
02-19-2012, 6:19 PM
A .50 BMG upper would be legal with this.
02-19-2012, 6:22 PM
its legal to own as long as it is not a "rifle" its ok if used on a registered assault weapon lower
02-19-2012, 6:27 PM
So a 50BMG pistol works in CA?
02-19-2012, 6:59 PM
Just go .50 DTC......it's CA's .50 BMG. Practically the same thing.
02-19-2012, 7:06 PM
The upper is legal to own, store, smoke like a pipe, and play badminton with it if you choose: but in order to make it into a rifle within CA, it would have to be attached to a registered lower under AB-50 (which was the bill name in what the .50BMG rifle ban became) - unless you turned it into some kind of crazy crew-serviced monster.
But if you owned the uppers, then took them out of CA, and assembled them onto an lower not registered in CA, you would be fine - just be sure to disassemble before coming back into CA.
Owning the uppers alone is NOT a rifle; it's just a part. It's fine. But like Mr Weise said earlier, I would remain cautious in how I stored them in proximity to OLL/OLRs.
02-19-2012, 7:07 PM
So a 50BMG pistol works in CA?
it should, but please don't do this. ATF could decide that there are enough .50BMG pistols out there that .50BMG ammo is now pistol ammo, and then the pistol AP ammo rules would apply, and the cheap surplus ammo would be gone, and so would the brass-turned solids.
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