Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > California 2nd Amend. Political Discussion & Activism
Register FAQ Members List Calendar Mark Forums Read

California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

Reply
 
Thread Tools Display Modes
  #441  
Old 06-30-2018, 8:35 PM
lordmorgul lordmorgul is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Jul 2016
Posts: 570
iTrader: 11 / 100%
Default AW Registration Incomplete Registration Issues

Quote:
Originally Posted by meno377 View Post
Are you sure it needs to be transferred in order to convert it to a rifle?


I am certain that a handgun with a long barrel is still a handgun, yes.

I believe it can be done without dros if you filed interfamilial transfer out of state according to that state’s law, but even that in California is no good because the handgun has to go through FFL. You could make an argument that it was a rifle at the time of interfamilial transfer, so no dros, but still being transferred is when it’s class of weapon changes. Unsure if there is any other means, but it would have to be paperwork to DOJ not just change of parts that makes it a rifle, and back again.

Andrew - Lancaster, CA
NRA Life Member, Calguns.net contributor, CGF / SAF / CRPA / FPC / USCCA member

Last edited by lordmorgul; 06-30-2018 at 8:39 PM..
Reply With Quote
  #442  
Old 06-30-2018, 8:41 PM
lordmorgul lordmorgul is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Jul 2016
Posts: 570
iTrader: 11 / 100%
Default

Quote:
Originally Posted by kemasa View Post
Huh? Once you own the firearm you can make changes to it. There are CA issues with regard to manufacturing, but that can be avoided by going out of state.

The transfer system has nothing to do with it.

You are right if and only if you manufactured it, therefore it being manufactured as handgun by you makes it handgun without it being transferred/drosd.



Andrew - Lancaster, CA
NRA Life Member, Calguns.net contributor, CGF / SAF / CRPA / FPC / USCCA member
Reply With Quote
  #443  
Old 06-30-2018, 8:47 PM
walmart_ar15 walmart_ar15 is offline
Senior Member
 
Join Date: Oct 2006
Location: SoCal
Posts: 974
iTrader: 1 / 100%
Default

In the world of ATF

pistol -> Rifle -> pistol = legal. As long as the parts for the entire rifle is available and sequence of assembly is correct. Note constructive possession matters here. So you have to have a 16+" barrel and a stock. If you just have a stock, that's SBR. Supreme Court case on this.

In the world of CA

Pistol -> rifle -> Pistol = likely not kosher base on the text of the ca law/regulation. No court case indicate which way it will go.

With ATF, a pistol with a 30" barrel is still a pistol. Until a stock is attached to it. Then its a rifle. CA language on a pistol is a bit different, I think something about < 16" barrel. Too lazy to look it up.

Last edited by walmart_ar15; 06-30-2018 at 8:50 PM..
Reply With Quote
  #444  
Old 06-30-2018, 10:10 PM
lordmorgul lordmorgul is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Jul 2016
Posts: 570
iTrader: 11 / 100%
Default AW Registration Incomplete Registration Issues

One can not arbitrarily change from rifle to pistol or the reverse at any time they desire; otherwise consider why would SBR laws exist? Rifles may be longer than a specified overall length but may not be shorter, may have longer barrels but may not be shorter. Pistols may have shorter overall length but are not required to, and may have shorter barrels but are not required to. A pistol can be configured to be dimensionally equivalent to a rifle but is still a pistol (but not have a stock, a really long fixed brace though would not be any problem). It may then be returned to pistol dimensions and is still a pistol. A rifle may not be configured to be dimensionally equivalent to a pistol ever unless already federally SBR stamped! There is a distinction that is paperwork only and not within your control to change at any time you desire... only at original manufacture or at transfer (pistol conversion to rifle only one way) in California.


Andrew - Lancaster, CA
NRA Life Member, Calguns.net contributor, CGF / SAF / CRPA / FPC / USCCA member

Last edited by lordmorgul; 06-30-2018 at 10:12 PM..
Reply With Quote
  #445  
Old 06-30-2018, 10:36 PM
kemasa's Avatar
kemasa kemasa is offline
Calguns Addict
 
Join Date: Jun 2005
Location: Ventura County, CA
Posts: 9,594
iTrader: 6 / 100%
Default

Quote:
Originally Posted by lordmorgul View Post
You are right if and only if you manufactured it, therefore it being manufactured as handgun by you makes it handgun without it being transferred/drosd.
Sorry, that is not correct.
__________________
Kemasa.
FFL Transfer/Special Order Dealer since 1993.
Net-FFL list maintainer.

Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein
Reply With Quote
  #446  
Old 06-30-2018, 10:40 PM
kemasa's Avatar
kemasa kemasa is offline
Calguns Addict
 
Join Date: Jun 2005
Location: Ventura County, CA
Posts: 9,594
iTrader: 6 / 100%
Default

Quote:
Originally Posted by lordmorgul View Post
The issue is that a handgun drosd as a handgun remains a handgun even with “rifle” length parts on it. A handgun cannot be “converted” to a rifle by parts alone, even while assembled with rifle length parts. It is legally a handgun. Even with a 16.1” barrel it is a handgun, with a magazine outside the pistol grip therefore an assault weapon if meeting the other required features (not single shot, not fixed magazine).

A conversion occurs at transfer. Once a handgun is transferred as a rifle it cannot be re-transfered as a handgun or have handgun or have handgun parts on it even though the lower might be stamped pistol or similar.
You seem to be forgetting some of the requirements of a so-called a-salt weapon. Namely semi-auto.

Conversion does not occur at transfer.
__________________
Kemasa.
FFL Transfer/Special Order Dealer since 1993.
Net-FFL list maintainer.

Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein
Reply With Quote
  #447  
Old 10-11-2018, 9:31 PM
Viagrow Viagrow is offline
Junior Member
 
Join Date: Feb 2006
Posts: 91
iTrader: 1 / 100%
Default Threaded Barrel Characteristic...?

I had the DOJ email me back with a notice that my AW Registration for a home built pistol was incomplete.

The notice stated that my pistol photos did not match all the characteristics I had listed. In particular it mentioned a threaded barrel. (I did not check the box for a threaded barrel, all other characteristics I checked off)

What have most folks done as far as the threaded barrel characteristic? I was under the impression a threaded barrel on a California pistol was a no go unless it was permanently attached by welding or pinning it in place so I did not check the threaded barrel characteristic during the online reg process.

The pistol was built in compliance. It was originally as a single shot pistol, assigned a FMBUS number... blah blah blah.

If it has a threaded barrel do you select the threaded barrel as a characteristic?

Last edited by Viagrow; 10-11-2018 at 9:47 PM..
Reply With Quote
  #448  
Old 10-12-2018, 8:46 AM
cockedandglocked's Avatar
cockedandglocked cockedandglocked is offline
I'm with stupid ☝️
CGN Contributor - Lifetime
 
Join Date: Apr 2014
Location: Near Excremento
Posts: 14,756
iTrader: 7 / 100%
Blog Entries: 1
Default

Quote:
Originally Posted by Viagrow View Post
I had the DOJ email me back with a notice that my AW Registration for a home built pistol was incomplete.

The notice stated that my pistol photos did not match all the characteristics I had listed. In particular it mentioned a threaded barrel. (I did not check the box for a threaded barrel, all other characteristics I checked off)

What have most folks done as far as the threaded barrel characteristic? I was under the impression a threaded barrel on a California pistol was a no go unless it was permanently attached by welding or pinning it in place so I did not check the threaded barrel characteristic during the online reg process.

The pistol was built in compliance. It was originally as a single shot pistol, assigned a FMBUS number... blah blah blah.

If it has a threaded barrel do you select the threaded barrel as a characteristic?
Threaded barrels are only illegal on pistols because it makes an assault weapon (unless the magazine is fixed). Since you already have an assault weapon, by virtue of the fact that it has magazine outside the grip, a barrel shroud, a second handgrip, and the magazine isn't fixed. Having a bullet button used to allow you to have a threaded barrel on your pistol, and will continue to allow you to if it is registered as a RAW.

So it's a non-issue. Go ahead and check the box.

For pistols (particularly AR type pistols), in nearly all cases, every "feature" checkbox should be checked. Don't forget to check the "second handgrip" box (even if you don't have a forward pistol grip). Nearly everyone who registered pistols didn't realize they needed to check that.
__________________



Last edited by cockedandglocked; 10-12-2018 at 8:51 AM..
Reply With Quote
  #449  
Old 10-12-2018, 1:35 PM
FullMetalJacket FullMetalJacket is offline
Member
 
Join Date: Jan 2008
Posts: 388
iTrader: 0 / 0%
Default

Got an e-mail that mine was kicked back because I said the gun was a .223/5.56 but the receiver is marked MULTI. So, that's an easy fix.

They also had a problem with my purchase date, but I have no idea or record when I bought it. I'm pretty vague about which year it was since I had the receiver for some time before I built the gun. Not sure how to work that out, since the dealer I bought it from is no longer in business...
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 8:55 AM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2018, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2018, Calguns.net an Incorporated Company All Rights Reserved.
Calguns.net and The Calguns Foundation have no affiliation and are in no way related to each other.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.