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  #1  
Old 05-10-2011, 5:47 PM
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lil_jackal lil_jackal is offline
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Default just a question or 2

ok 1st question thats been bugging me , is it illegal to have an ak with a pistol grip with no bulletbutton if its disassembled?

2nd question that has alot of talk around my area, if someone has a medical marijuana card could they still own and buy a firearm?
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  #2  
Old 05-11-2011, 5:48 AM
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Originally Posted by lil_jackal View Post
ok 1st question thats been bugging me , is it illegal to have an ak with a pistol grip with no bulletbutton if its disassembled?

2nd question that has alot of talk around my area, if someone has a medical marijuana card could they still own and buy a firearm?
If your rifle is disassembled, you can have a pistol grip sitting around or ten pistol grips sitting around all you want. You just can't ASSEMBLE the whole thing with the evil features on it if you don't also put a bullet button on it. As a matter of fact, the guides even recommend you install the bullet button first before you install any other evil parts so that you don't inadvertently assemble it as an illegal AW and THEN make it legal by putting a bullet button on it.

Now you have to get technical about what is considered disassembled. On an AR, the lower is the firearm. So while you can technically disassemble it into an upper and lower group, the lower itself still has to be bullet buttoned if it has a pistol grip on it even though there is no upper and no way for the lower to be able to fire a round by itself.

As for medical marijuana... I don't know of any laws specifically that prohibits the card holders from owning firearms. Felons, those with restraining orders against them, mentally defective individuals, and non-citizens cannot own firearms... not sure about medical marijuana users, haven't heard anything about that. Heck, even convicted alcoholics with multiple DUI's can own firearms still. What's an ounce of MJ nowadays... a ticket!
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Old 05-11-2011, 8:40 AM
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btw, re: medical marijuana card - I have YET to be presented with a "legitimate card" by someone in possession of marijuana (and I have YET to detain someone who, IMO, had a "legitimate need" for medical marijuana - but that's another topic too).

http://www.calmmp.ca.gov/ (to check if your card number is legit)
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Old 05-11-2011, 10:59 AM
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thanks guys, the more i know !
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Old 05-11-2011, 12:07 PM
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Very interesting...will check back later!
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Old 05-11-2011, 6:52 PM
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Originally Posted by Samuelx View Post
btw, re: medical marijuana card - I have YET to be presented with a "legitimate card" by someone in possession of marijuana (and I have YET to detain someone who, IMO, had a "legitimate need" for medical marijuana - but that's another topic too).

http://www.calmmp.ca.gov/ (to check if your card number is legit)
You don't think a stubbed toe or ingrown toenail should qualify you for medical marijuana to alleviate the pain?

You cold, heartless, cruel jackbooted thug! What is this world coming to?
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Old 05-11-2011, 8:34 PM
Samuelx Samuelx is offline
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You don't think a stubbed toe or ingrown toenail should qualify you for medical marijuana to alleviate the pain?
Now see, THOSE reasons I would have accepted...
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Old 05-11-2011, 9:10 PM
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Originally Posted by Notorious View Post
Now you have to get technical about what is considered disassembled. On an AR, the lower is the firearm. So while you can technically disassemble it into an upper and lower group, the lower itself still has to be bullet buttoned if it has a pistol grip on it even though there is no upper and no way for the lower to be able to fire a round by itself.
Not true.

I have two AR lowers with full features. One has a .22lr upper, one has a 5.56 upper.
Only the one with the 5.56 upper has, or requires, a bullet button.

I could remove both uppers and put all of the parts into the same box and it is 100% legal. I could remove both uppers and send them to Riflegear for work and the lowers here at home are 100% legal.

Only if I install the 5.56 upper onto the lower without a bullet button do I have an illegal configuration.

SB23 states "Semiautomatic, centerfire"
A receiver with no upper is neither semiautomatic nor centerfire.
A receiver with an upper but no BCG could be considered to be centerfire due to the chamber design, and it could be considered to be semiautomatic if the gas tube is in place and functional.


The problem with the AK is that you can't separate the "upper" from the "lower". The best you can do is remove the BCG and gas tube. It would be up to one of the 58 DAs and your attorney as to whether that is ruled legal or not. You would have a fair case... but not one that I would want to be a test case for.

But that does bring up an interesting situation that would support the defendant in the above case.
You have an AK and want to upgrade the furniture.
You remove the wooden buttstock and install a K-Var plastic buttstock.
While that buttstock is off, the OAL is less than 30". That falls under AW. If it's under 26", then it's also an SBR. These two fit whether or not you left the PG and BB installed.

Same goes for assembly of an AK from a parts kit. The front and rear trunnions must be installed before the buttstock can be installed.
Likewise for the barrel. Is it an AW (under 30") until the buttstock is installed?
Seems not.

But my question to the OP.... why?
If you are changing the bullet button for a different type, just be 100% legal and remove the PG and any other "features" (T6 buttstock, flash hider, etc...) before removing the existing BB.
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A just gov't will not be overthrown by force or violence because the people have no incentive to overthrow a just gov't. If a minority of people attempt such an insurrection to grab power and enslave the people, the RKBA is our insurance against their success.
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  #9  
Old 05-11-2011, 10:22 PM
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Quote:
Originally Posted by Cokebottle View Post
Not true.

I have two AR lowers with full features. One has a .22lr upper, one has a 5.56 upper.
Only the one with the 5.56 upper has, or requires, a bullet button.

I could remove both uppers and put all of the parts into the same box and it is 100% legal. I could remove both uppers and send them to Riflegear for work and the lowers here at home are 100% legal.

Only if I install the 5.56 upper onto the lower without a bullet button do I have an illegal configuration.

SB23 states "Semiautomatic, centerfire"
A receiver with no upper is neither semiautomatic nor centerfire.
A receiver with an upper but no BCG could be considered to be centerfire due to the chamber design, and it could be considered to be semiautomatic if the gas tube is in place and functional.


The problem with the AK is that you can't separate the "upper" from the "lower". The best you can do is remove the BCG and gas tube. It would be up to one of the 58 DAs and your attorney as to whether that is ruled legal or not. You would have a fair case... but not one that I would want to be a test case for.

But that does bring up an interesting situation that would support the defendant in the above case.
You have an AK and want to upgrade the furniture.
You remove the wooden buttstock and install a K-Var plastic buttstock.
While that buttstock is off, the OAL is less than 30". That falls under AW. If it's under 26", then it's also an SBR. These two fit whether or not you left the PG and BB installed.

Same goes for assembly of an AK from a parts kit. The front and rear trunnions must be installed before the buttstock can be installed.
Likewise for the barrel. Is it an AW (under 30") until the buttstock is installed?
Seems not.

But my question to the OP.... why?
If you are changing the bullet button for a different type, just be 100% legal and remove the PG and any other "features" (T6 buttstock, flash hider, etc...) before removing the existing BB.
damn that was slightly confusing and made sense at the same time ... and what if the buttstock breaks and is under 30" !
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  #10  
Old 05-12-2011, 6:19 PM
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Originally Posted by lil_jackal View Post
damn that was slightly confusing and made sense at the same time ... and what if the buttstock breaks and is under 30" !
Pretty "out there" what if.

IF that were to happen, I would immediately disassemble the rifle (including removing the gas tube).

The law doesn't say anything about "intent"... it simply states that a centerfire, semiautomatic rifle with an OAL under 30" is an illegal assault weapon.
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Quote:
Originally Posted by dantodd View Post
A just gov't will not be overthrown by force or violence because the people have no incentive to overthrow a just gov't. If a minority of people attempt such an insurrection to grab power and enslave the people, the RKBA is our insurance against their success.
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  #11  
Old 05-13-2011, 12:40 PM
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Originally Posted by Notorious View Post
You don't think a stubbed toe or ingrown toenail should qualify you for medical marijuana to alleviate the pain?

You cold, heartless, cruel jackbooted thug! What is this world coming to?
And how bad can the back pain be for an 18 YOA male or female. I was 18 once and did not need the weed.
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  #12  
Old 05-13-2011, 4:42 PM
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And how bad can the back pain be for an 18 YOA male or female. I was 18 once and did not need the weed.
Or the classic....

Guy up at Hungry Valley ripping up the trails on his dirtbike. Jumps, wheelies, FMX stuff... drops it, hops up, picks up the bike like it's a 10-speed and rides on.

Back at the parking lot, sparks up a blunt.
Waa?????

"Bad back"

Same for snowboarders and pretty much 90% of anyone under 45 with a pot card.
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Quote:
Originally Posted by dantodd View Post
A just gov't will not be overthrown by force or violence because the people have no incentive to overthrow a just gov't. If a minority of people attempt such an insurrection to grab power and enslave the people, the RKBA is our insurance against their success.
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Old 05-13-2011, 7:12 PM
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You guys are just too cynical!
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  #14  
Old 05-14-2011, 1:18 PM
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First I am not a lawyer or LEO.

Even if the medical MJ is legal under state law, it is still illegal under federal law.
In order to purchase a firearm you have to answer the question about being an illegal user of MJ, which if you use MJ anywhere in the US you are an illegal user. If you answer yes, they can not transfer the gun to you. If you answer no, and you are a user, then you have commited perjury.

I will not get into the discussion about whether this is right or wrong, but it is my understanding of how it is.
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