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  #1  
Old 09-24-2020, 2:03 AM
Mk3chris Mk3chris is offline
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Default Advice on legally modifying & obtaining pistol that only comes with threaded barrel.

Hello,

From my understanding possession of a threaded barrel that is not installed in a firearm is legal in California, however once it is installed in the firearm it is a felony.

Are FFL's legally allowed to receive a pistol with the threaded barrel installed then remove the threaded portion of the barrel (Cut and crown the barrel) prior to completing the transfer to the purchaser?

Or as alternative to that, would the FFL be allowed to provide the purchaser with just the threaded barrel so they could take it to a gunsmith and have the threaded portion removed prior to completing the transfer?

*Disclaimer* I am not asking for legal advice and understand you are not a lawyer. Also, my intent is to make sure I stay 100% within the boundaries of the law. * End disclaimer*


Thank you in advance for any guidance you could provide.

Last edited by Mk3chris; 09-24-2020 at 2:35 AM.. Reason: Re-wording the questions to make it easier to understand.
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  #2  
Old 09-24-2020, 4:14 AM
edgerly779 edgerly779 is offline
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Remove before entering ca. Find an ffl with aw license that can receive and modify or send to audiophil in az. If semi then remove slide and replace barrel.
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Old 09-24-2020, 4:47 AM
Mk3chris Mk3chris is offline
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Originally Posted by edgerly779 View Post
Remove before entering ca. Find an ffl with aw license that can receive and modify or send to audiophil in az. If semi then remove slide and replace barrel.
Thank you for the information. Sorry, I am not on the forum much and want to make sure I understand what you are saying.

Option 1 - Remove barrel prior to firearm entering California. So, have the seller remove the barrel and ship it separately?

Option 2 - Find a CA FFL with assault weapon's license and have them make it CA legal, correct? I looked online and I wasn't able to find out which CA FFL's have an assault weapon's license but can call around on my day off.

Option 3 - Send to Audiophil in AZ and have him swap to a non-threaded barrel then ship to my FFL here. That seems like a great idea and will try that if I can't find a more cost effective way.

Thanks again.

Last edited by Mk3chris; 09-24-2020 at 4:53 AM..
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  #4  
Old 09-24-2020, 6:44 AM
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The California DoJ has been telling AW dealers in California not to accept AWs and then modify them for sale in non-AW configurations. Your best bet is to find a middleman FFL like EBR Works or Audiophil2 to do the conversion in another state and then ship to the California FFL.

Also, threaded barrel is only an AW feature on a pistol, not just any firearm.

Roster is a different issue.
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Old 09-24-2020, 8:21 AM
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Quote:
Originally Posted by edgerly779 View Post
Remove before entering ca. Find an ffl with aw license that can receive and modify or send to audiophil in az. If semi then remove slide and replace barrel.
Wrong! CA FFL’s with an AW permit are not allowed to convert firearms in order to make them legal for transfer. A bulletin was even sent out on this sometime ago.
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Old 09-24-2020, 8:47 AM
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Middleman FFL or remove barrel before ship is going to be most cost effective. No CA AW dealer is going to handle this for you.
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Old 09-24-2020, 8:55 AM
Mk3chris Mk3chris is offline
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Thank you very much taperxz, Milsurp1 and SkyHawk. I really appreciate the information!
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Old 09-24-2020, 11:21 AM
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HOLD ON A SECOND. How are you going to actually transfer this firearm? No firearm listed on the roster came with a threaded barrel. So what model of firearm is this and how did you plan on transferring it when it arrives, even if its been modified? Unless somehow this is going to be a roster exempt transfer I don't see why you're wasting time on it in the first place?
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  #9  
Old 09-24-2020, 11:39 AM
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Quote:
Originally Posted by acespawnshop View Post
HOLD ON A SECOND. How are you going to actually transfer this firearm? No firearm listed on the roster came with a threaded barrel. So what model of firearm is this and how did you plan on transferring it when it arrives, even if its been modified? Unless somehow this is going to be a roster exempt transfer I don't see why you're wasting time on it in the first place?
PM Sent.
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  #10  
Old 09-24-2020, 12:30 PM
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Quote:
Originally Posted by acespawnshop View Post
HOLD ON A SECOND. How are you going to actually transfer this firearm? No firearm listed on the roster came with a threaded barrel. So what model of firearm is this and how did you plan on transferring it when it arrives, even if its been modified? Unless somehow this is going to be a roster exempt transfer I don't see why you're wasting time on it in the first place?
My assumption was LE exemption or intrafamily from out of state, who knows
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Old 10-10-2020, 6:16 AM
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I agree, likely LEO exemption or Interfamilial transfer.

BTW, I asked the same exact question of a business contact who is a DOJ-FA unit supervisor who teaches the subject (incl a class I attended for work). This was regarding a LNIB Beretta M9A3 that a seller had posted to GunBroker who was located just over the hill from me, indicating "NO CA SALES", as it was off-roster, came with the hi-caps & original threaded barrel (a CA no-no when on a semi-auto pistol that accepts detachable magazines, with no exemptions allowed for private purchase).

I first inquired of the seller if he'd be ok with an LEO exemption sale (roster, hi-caps) as long as I brought along a spare 92FS drop-in barrel to swap out before DROS'g the pistol at another FFL. It turns out the seller was a "Hollywood Armorer" (movie props, etc) with an AW FFL who normally didn't sell firearms, but was clearing out his inventory b/c business has been exceptionally slow during the pandemic. He was fine with everything, even with the barrel swap, although he was unsure if I could even have / be in possession of the threaded barrel in CA, even if not installed on a pistol.

I then double checked with my contact to ensure there wouldn't be any issues. I'm retiring in the next year or so and don't want to screw that up, so no chances taken here. Per the DOJ-FA supervisor, the issue was what state was the firearm in when IT FIRST ENTERED CALIFORNIA. As such, having already been given an AW exemption for movie prop use to be imported into CA, it could not then be legally converted in-state.

Just my experience....

Luckily, Beretta made another version with a non-threaded barrel and a couple of out-of-state dealers had it in stock, at around the same $ as the local sale would have been, to be shipped to my receiving FFL. So no harm, no foul. But I do appreciate that doesn't solve the issue for most people....can't wait to move out-of-state....even with the exemptions I have, it is still such a headache to be into this hobby in this state....

ADDED FOOTNOTE: Probably a topic for another thread, but on a side note the same source stated that one "interesting" way around the AW law that has been seen that side-steps having to first ship to a middle-man FFL / Gunsmith in another state for modifications to be made first (then sent on to final destination in CA) is simply to tell a shipper shipping the item into CA for the first time to break the pistol / rifle down into seperate component parts / halves (threaded barrel seperated from pistol & wrapped seperately, or upper and lower receivers seperated for a AW long gun). As long as not fully assembled, no legal issues entering CA. No "constructive possession". Once at dealer, reassemble with correct parts to make compliant. As long as the entire firearm isn't assembled when shipped, and isn't assembled into a configuration that violates the law once it is inside CA, should be ok. I'd like to hear from an attorney if there have been any cases that address this, or an FFL that has run into any compliance inspection issues doing this. As stated elsewhere, all it takes is for a CA DOJ inspector to make a surprise visit and to have something that just arrived in a box still unopened on the floor, or stuffed into a safe in 1 piece awaiting a "conversion" to cause a write-up.
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Last edited by RCxRC; 10-17-2020 at 3:39 PM..
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  #12  
Old 10-10-2020, 8:23 AM
Mk3chris Mk3chris is offline
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Thank you for the information RCxRC. I plan to have the threaded barrel removed from the pistol prior to it entering California just to make sure there is absolutely no legal issue.
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Old 10-17-2020, 5:40 AM
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What a major hassle. So if I moved to CA from Arizona, where I currently live, I would have to remove the barrel from my Beretta M9A3 because it is threaded? But after removing it the firearm itself would be legal to own and posses? Is that correct?
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Old 10-17-2020, 7:31 AM
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Originally Posted by Seaweed02 View Post
What a major hassle. So if I moved to CA from Arizona, where I currently live, I would have to remove the barrel from my Beretta M9A3 because it is threaded? But after removing it the firearm itself would be legal to own and posses? Is that correct?

Yes
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Old 10-17-2020, 8:49 AM
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Quote:
Originally Posted by Seaweed02 View Post
What a major hassle. So if I moved to CA from Arizona, where I currently live, I would have to remove the barrel from my Beretta M9A3 because it is threaded? But after removing it the firearm itself would be legal to own and posses? Is that correct?
Exactly. Install a standard M9 barrel before moving, and keep the M9A3 barrel in a box = legal. Don't try to make any sense of it
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Old 10-17-2020, 10:43 AM
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Quote:
Originally Posted by Mk3chris View Post
Hello,

From my understanding possession of a threaded barrel that is not installed in a firearm is legal in California, however once it is installed in the firearm it is a felony.

Are FFL's legally allowed to receive a pistol with the threaded barrel installed then remove the threaded portion of the barrel (Cut and crown the barrel) prior to completing the transfer to the purchaser?

Or as alternative to that, would the FFL be allowed to provide the purchaser with just the threaded barrel so they could take it to a gunsmith and have the threaded portion removed prior to completing the transfer?

*Disclaimer* I am not asking for legal advice and understand you are not a lawyer. Also, my intent is to make sure I stay 100% within the boundaries of the law. * End disclaimer*


Thank you in advance for any guidance you could provide.
Where did you get the idea that having a threaded barrel on a firearm was a felony?

The only time that a threaded barrel is a problem is when it's on a semi-automatic handgun that also has a detachable magazine. That combination produces a California-defined "Assault Weapon" which is a felony to possess unless registered under PC section 30900 or permitted under section 31000.

You post did not mention if the involved weapon is a handgun or a long gun. If it's a long gun, no sweat. Don't worry about the threads.

If the weapon is a handgun, you didn't mention if it is a semi-auto or something else. If it's something else, no sweat. Don't worry about the threads.

If the weapon is a semi-auto, you didn't mention if it has a fixed or detachable magazine. If it's a fixed magazine, no sweat. Don't worry about the threads.

Unless the transfer is roster-exempt, you can't remove the threads and then transfer the weapon in an altered form.
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  #17  
Old 10-17-2020, 6:49 PM
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Well several of you have already answered my question. Thank you very much. Although the news doesn't make me happy, knowing the answer is always better than not knowing the answer.
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