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Old 01-04-2016, 12:56 PM
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Quote:
Originally Posted by wireless View Post
I said nothing about the DROS issue, 4473, and "other" box. I did not address that because he did not ask.

Here is OP's question



I even quoted the question and answered it directly. He cannot build a rifle lower into a pistol lower. The ATF has said it's illegal to make a rifle lower into a pistol. It's illegal and he cannot do it with the correct state and federal paperwork. Maybe "it is the law" is not the correct semantics. The executive branch of government has the ability to design regulatory schemes under which a law is enforced. The courts do have the final say, but the ATF will arrest and prosecute you under their interpretation of the law, not yours. So yes, ATF's reading of the law may not be constitutional, valid, or too vague, but for all intents and purposes, the ATF will enforce the way they read the law.

In January 2015 so dip**** committing a burglary put a pistol brace onto a rifle lower and got caught. He was charged with violating SBR laws. California's broad SBR laws most certainly me they will be prosecuted. Here is the CA penal code:



and again here:



California's SBR law allows for a lower DROS'd as a long gun to be considered a pistol. So I will let you explain to the judge why it's legal to configure a rifle lower as a pistol because nothing in the penal code said you can't.
Please show me the law or explain why you think that DROSing something which it does not fit the legal definition of makes it legally something that it isn't. Does how something is DROSed really mean more than what it legally is? A virgin receiver does not fit CA's legal definition of "rifle" so, how can it legally be a "rifle"?

BTW, ATF has opined several times in writing that a virgin receiver DROSed in Ca as a long gun or rifle can be built into a handgun (assuming that it has never been assembled as a "rifle") without violating any Federal law.
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