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  #1  
Old 12-29-2014, 8:38 PM
ssteve ssteve is offline
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Default Legality nazi's... AR pistol questions.

Just wondering why its so commonly overlooked that most people have threaded barrels on their ar pistols, and many shoot 5.56 AP ammo?

Additionally whats the legality exactly of a threaded pistol barrel? I can posses it but not install it? What would need to happen to show "intent"?

I have had and currently have a ar pistol but rarely take them to public ranges. Not looking to push my luck but need to order a couple uppers and wont have time to weld the break on it as my break is currently being machined by a friend.
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Old 12-29-2014, 8:44 PM
jeffyhog jeffyhog is offline
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Threaded barrel is ok because you presumably have a fixed magazine (bullet button).
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Old 12-29-2014, 8:47 PM
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ke6guj ke6guj is offline
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Quote:
Originally Posted by ssteve View Post
Just wondering why its so commonly overlooked that most people have threaded barrels on their ar pistols,
nobody's overlooking that.

Quote:
and many shoot 5.56 AP ammo?
says who? are you talking about green tip M855, ATF specificaly says that it is not AP. 5.56AP is black tip, which most of us have never seen.

Quote:
Additionally whats the legality exactly of a threaded pistol barrel? I can posses it but not install it? What would need to happen to show "intent"?

I have had and currently have a ar pistol but rarely take them to public ranges. Not looking to push my luck but need to order a couple uppers and wont have time to weld the break on it as my break is currently being machined by a friend.
no crime to have a threaded barrel on an otherwise CA-legal AR-pistol. there is no requirement that the brake (not break) be welded on a CA-legal AR-pistol.
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Old 12-29-2014, 9:09 PM
ssteve ssteve is offline
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Ok just read through a bunch of stuff and it makes more sense now. Thanks guys.
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  #5  
Old 12-29-2014, 9:39 PM
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RickD427 RickD427 is offline
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Steve,

As previous posters have pointed out, there is no issue having a threaded barrel on a weapon equipped with a "Bullet Button." The "Assault Weapon" definition is where a lot of folks get into trouble with threaded barrels. By making the weapon a fixed magazine weapon (through the use of the Bullet Button"), the weapon falls outside the definition of an Assault Weapon.

As the Assault Weapon statute is strictly worded, there is no provision for "Constructive Possession." Until just recently, there would have been no issue with your possession of a threaded barrel and an Assault Weapon. That changed after People v Nguyen was published. Mr. Nguyen was convicted of attempting to possess an Assault Weapon based on his possession of the component parts. The net effect was that the court created what is very similar to classical "Constructive Possession." I'd be careful with this one.

There is no issue firing AP ammunition from a 5.56mm or .223 caliber handgun. Many folks get confused about the provisions of Penal Code section 30315 which makes it a felony to possess armor-piercing handgun ammunition. It's important to read the elements of that law, and how it relates to ammunition that may possibly be fired from a handgun, but was not designed to be fired from a handgun.

Here is the text of Penal Code section 30315:

Any person, firm, or corporation who, within this state knowingly possesses any handgun ammunition designed primarily to penetrate metal or armor is guilty of a public offense and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170, or in the county jail for a term not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment.

Please note that the item prohibited is "Handgun Ammunition." That term is defined by Penal Code section 16650. Here is the text:

As used in this part, “handgun ammunition” means ammunition principally for use in pistols, revolvers, and other firearms capable of being concealed upon the person, notwithstanding that the ammunition may also be used in some rifles.

Even though 5.56mm and .223 caliber ammunition is fired from an AR pistol, those rounds are not "principally for use in pistols, revolvers..." I would venture to guess that far less than 1% of all 5.56 and .223 rounds are ultimately fired from handguns. That's far from being a "principal" use of the round.

Last edited by RickD427; 12-29-2014 at 9:48 PM..
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Old 12-29-2014, 9:45 PM
ssteve ssteve is offline
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Awesome, thanks Rick.
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