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View Full Version : Calgunners, Im in need of some legal Info!


jaustin612
09-23-2013, 6:19 AM
Gentlemen,

Im active duty and I left all my CA compliant firearms, i.e AR/AK with bulletbutten/radlock on them at my uncles house in new mexico Prior to a deployment.

I just came back from overseas, and after a 15 hour ride out to NM, I've found that my uncle took off the bullet buttons and replaced them with standard releases. I dont have any time to order anything. My question is, can I remove the standard mag releases from the AR15s, would that make them legal for transport into California? there would just be an empty hole where the mag release would go. The AK I'll just make featureless so no worries there, Im concerned about the ARs though.

I appreciate any responses.

redfield96
09-23-2013, 6:28 AM
Seek out a local FFL who is permitted to receive transfers w/out BB's. They would then install it for you before transfering.

monk
09-23-2013, 6:28 AM
Gentlemen,

Im active duty and I left all my CA compliant firearms, i.e AR/AK with bulletbutten/radlock on them at my uncles house in new mexico Prior to a deployment.

I just came back from overseas, and after a 15 hour ride out to NM, I've found that my uncle took off the bullet buttons and replaced them with standard releases. I dont have any time to order anything. My question is, can I remove the standard mag releases from the AR15s, would that make them legal for transport into California? there would just be an empty hole where the mag release would go. The AK I'll just make featureless so no worries there, Im concerned about the ARs though.

I appreciate any responses.

Someone correct me if I'm wrong but I believe you need to remove the pistol grip and collapsible stock. I'm only basing this on build instructions I have. It says that before you do anything you must install a bb.

You may be compliant with a featureless set up which is where removing those parts should work.

jaustin612
09-23-2013, 6:30 AM
The thought crossed my mind. I was thinking about getting a locker at scottsdale gun club for a day, buying the crap and driving back too... Id much rather be able to bring them back today though. Im just curious if not having a magazine release would constitute it being and assault weapon per CA law..

monk
09-23-2013, 6:46 AM
The thought crossed my mind. I was thinking about getting a locker at scottsdale gun club for a day, buying the crap and driving back too... Id much rather be able to bring them back today though. Im just curious if not having a magazine release would constitute it being and assault weapon per CA law..

I'm curious too considering that a radlock just needs to be twisted to act like a real release then twisted back to be in compliance.

jaustin612
09-23-2013, 6:58 AM
Where Im at now is that Im debating taking out the FCG and the mag release, it would not be a functioning rifle. Are there any law wizards that could shoot that idea down?

readysetgo
09-23-2013, 7:16 AM
OP, seperate the upper and lower halfs. Lower alone is not an 'assault weapon'. DO NOT mate them together here until you've made them compliant. AK featureless as you said.

jaustin612
09-23-2013, 7:25 AM
so keep the uppers locked in the toolbox of the truck then have the lowers inside the vehicles secured in a case? I'll pull the mag releases off just to be safe.

foxtrotuniformlima
09-23-2013, 7:27 AM
so keep the uppers locked in the toolbox of the truck then have the lowers inside the vehicles secured in a case? I'll pull the mag releases off just to be safe.

That should be enough.

the86d
09-23-2013, 7:30 AM
A lower can be rimfire if not attached to an upper and can have a a pistol-grip and collapsing stock, and AFAIK there is not constructive-possession in this case as long as they are not attached to an upper (unless <16" barrel uppers are in possession[14" with brake/comp welded on]?). The uppers ARE for "future builds" if asked, and not considered a firearm. ;) This should buy you time to find some BB-type compliance devices, but make sure the lowers are not on the ban-list... No need to remove the mag-catch.

jaustin612
09-23-2013, 7:35 AM
good stuff. Thanks all. After 15 hours of driving straight out here I just about lost my mind when I saw the O.G mag releases put in. I'll keep em separated during the trip back.

Tincon
09-23-2013, 9:07 AM
Read this case: http://www.calguns.net/calgunforum/showthread.php?t=683199

There has also been at least one other successful prosecution of a rifle that was not in a semi-auto configuration, as an AW. I would not take your suggested course of action, there is real legal risk.

I would separate the upper from the lowers, take the lowers with me, and have my knucklehead uncle ship me the uppers (on his dime) once I had compliance parts (BB) installed.

readysetgo
09-23-2013, 9:16 AM
Read this case: http://www.calguns.net/calgunforum/showthread.php?t=683199

There has also been at least one other successful prosecution of a rifle that was not in a semi-auto configuration, as an AW. I would not take your suggested course of action, there is real legal risk.

I would separate the upper from the lowers, take the lowers with me, and have my knucklehead uncle ship me the uppers (on his dime) once I had compliance parts (BB) installed.

^^^ This even better than what I posted. I agree, CYA and all.

Lost.monkey
09-23-2013, 9:25 AM
Read this case: http://www.calguns.net/calgunforum/showthread.php?t=683199

There has also been at least one other successful prosecution of a rifle that was not in a semi-auto configuration, as an AW. I would not take your suggested course of action, there is real legal risk.

I would separate the upper from the lowers, take the lowers with me, and have my knucklehead uncle ship me the uppers (on his dime) once I had compliance parts (BB) installed.

Without getting into the specifics of the link cited, I believe Tincon's recommendation presents the least amount of risk in transport. It would help also if your lowers are marked "cal-muti".

Tripper
09-23-2013, 9:33 AM
If your already committed to the drive
Stopping at almost any gun store in CA will likely have bullet buttons
Buy however many you need, install them in their parking lot or someone else's, out the uppers back on
You may have luck at a gun store outside CA

stix213
09-23-2013, 12:05 PM
Gentlemen,

Im active duty and I left all my CA compliant firearms, i.e AR/AK with bulletbutten/radlock on them at my uncles house in new mexico Prior to a deployment.

I just came back from overseas, and after a 15 hour ride out to NM, I've found that my uncle took off the bullet buttons and replaced them with standard releases. I dont have any time to order anything. My question is, can I remove the standard mag releases from the AR15s, would that make them legal for transport into California? there would just be an empty hole where the mag release would go. The AK I'll just make featureless so no worries there, Im concerned about the ARs though.

I appreciate any responses.

This would likely be interpreted as a "broken assault weapon" which legally is the same as an assault weapon. In the instance I remember the firearm had the bolt removed, but this isn't that far off.

KIMBER8400
09-23-2013, 2:33 PM
Read this case: http://www.calguns.net/calgunforum/showthread.php?t=683199

There has also been at least one other successful prosecution of a rifle that was not in a semi-auto configuration, as an AW. I would not take your suggested course of action, there is real legal risk.

I would separate the upper from the lowers, take the lowers with me, and have my knucklehead uncle ship me the uppers (on his dime) once I had compliance parts (BB) installed.

Much better option.
The constructive possession argument goes out the window.

jaustin612
09-23-2013, 3:48 PM
Already took off. I'm just going to disassemble the lowers tonight, got a couple of hours to burn anyways. Appreciate all the help