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guns
10-08-2012, 12:53 AM
So my buddy served his time and is coming home. He was stationed in Texas and being a gun lover picked up a full auto AR15. Question is if he pulls out the BCG and swapped with standard BCG adds a bullet button can he bring it home? Or if he built a OLL with the FA parts and standard BCG would it be legal? And finally if he completely disassemble the gun could he bring it home. He dose not want to sell it he wants to move back to Texas one day.

Farmertran
10-08-2012, 1:07 AM
It's legal to have FA BCG in California. He would have to take out the FA parts from the lower that make the gun FA (don't really know what they are). Could probably just buy some cheap DPMS LPK and be good to go. And also, to not bring in any 11+ capacity magazines. Oh yeah, an slap a bullet button on it.

-Sorry, I'm wrong, I forgot that once a machine gun is always a machine gun.

Chaos47
10-08-2012, 1:12 AM
Once a machine gun always a machine gun.

Question is if he pulls out the BCG and swapped with standard BCG adds a bullet button can he bring it home?
No. The lower would still be NFA no go! "M16 Full Auto" BCG doesn't matter though as its not a part exclusively used for full auto.

Or if he built a OLL with the FA parts and standard BCG would it be legal?
No. FA trigger parts need an extra hole, even that hole is illegal. So an OLL wont have that hole. Unless its FA by using a DIAS FCG which would also be illegal in CA. As already mentioned the "M16" bolt carrier doesn't matter anyways.

And finally if he completely disassemble the gun could he bring it home.
No. The law it says possession of these parts assembled or not.
"any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person."

Here is what he needs to do:
Leave (or sell) the NFA complete lower in TX.
Buy a new OLL and with semi parts use a magazine lock and 10 round magazines. (or go featureless)
Use the upper with the new OLL.

See here:

CA PC 12200
The term "machinegun" as used in this chapter means any weapon which shoots, is designed to shoot, or can readily be restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person. The term also includes any weapon deemed by the federal Bureau of Alcohol, Tobacco, and Firearms as readily convertible to a machinegun under Chapter 53 (commencing with Section 5801) of Title 26 of the United States Code.

Note: I am not an expert on NFA by any means, but I'm pretty sure the above is accurate to the best of my knowledge.
If its wrong I am sure some one will be along and correct me.

Mssr. Eleganté
10-08-2012, 1:40 AM
Does he own an NFA registered lower or does he own an NFA registered DIAS? If he just owns a registered DIAS then he can take that out of the lower and store it in Texas.

myk
10-08-2012, 2:45 AM
Basically, he should just stay in Texas...

AVID HUNTER
10-08-2012, 5:55 AM
Basically, he should just stay in Texas...

Agreed, why would you want to move from Capitalistic Texas to Commi Cali. In he end we all will be moving to AK or TX...lol

Librarian
10-08-2012, 11:54 AM
See also the wiki -- http://wiki.calgunsfoundation.org/Moving_to_California_with_firearms -- that mentions the rest of our legal limitations.

troysland
10-08-2012, 11:59 AM
The red arrow below makes it a NO GO! IN CA.
http://i113.photobucket.com/albums/n225/texjames/ar15fullauto.jpg?t=1256825633

negolien
10-08-2012, 1:19 PM
Thought you had to have a federal stamp to own autos? Don't know anything about such issues could someone explain how the process works. If it was a federal ok you would need a seperate state ok also?

troysland
10-08-2012, 1:29 PM
Yes, you need the Federal Tax Stamp and a good cause statement. The CADOJ, however, doesn't believe any cause is acceptable for civilians in this state.
Google has more info.

crazychinaman
10-08-2012, 1:30 PM
You buy the gun first,run dros and pay $200.00 tax stamp.Wait 3 to 6 months ,then when the dealer calls you back to come pick up your new toy.If you dont pass the background check,You dont get your money back (minus the dros) .until he sells the gun to someone else.If this is true I am not sure .Was told this by a dealer in Arizona years ago when I lived there.In California this is a rare thing.It is funny that the ATF reported that there was in the excess of 17.800 legaL machine guns and 13,000 SBR's in California ,it was posted in the issue of Small Arms Reveiw magazine. as the report was dated 1998.

luchador768
10-08-2012, 1:41 PM
Find out what he has first. DIAS vs. three hole FA lower. I would think, if he knew enough to go through the Tax Stamp NFA paperwork he would know what he can and can't do with the gun. As well as where he can and can't take it.

paul0660
10-08-2012, 1:54 PM
So my buddy served his time

Did he think the draft was still going?

zfields
10-08-2012, 1:58 PM
You buy the gun first,run dros and pay $200.00 tax stamp.Wait 3 to 6 months ,then when the dealer calls you back to come pick up your new toy.If you dont pass the background check,You dont get your money back (minus the dros) .until he sells the gun to someone else.If this is true I am not sure .Was told this by a dealer in Arizona years ago when I lived there.In California this is a rare thing.It is funny that the ATF reported that there was in the excess of 17.800 legaL machine guns and 13,000 SBR's in California ,it was posted in the issue of Small Arms Reveiw magazine. as the report was dated 1998.

Yes, old RAWs, firearms manufacturers, and prop-house guns. Very few DW permits issued to regular citizens.

So what I'm saying, is that first few sentences of your statement don't happen in CA.

guns
10-09-2012, 1:59 AM
Thanks for all the info guys. I'll let him know just stay in Texas. Funny part is if he sold the gun he could afford to move out there.

08GTCS
10-09-2012, 6:23 AM
Tell him to just stay here. I can't imagine having all of the rules and regulations on guns that CA has.

killathrilla
10-09-2012, 6:29 AM
Stay in a free state!