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  #1  
Old 06-19-2013, 9:45 PM
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Last edited by tigerzden; 07-08-2013 at 8:26 PM..
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  #2  
Old 06-19-2013, 9:57 PM
jdmstuff jdmstuff is offline
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You can sell the lower directly to your friend. He should be aware that he needs to have either no AR lowers or at least an AR pistol lower in his possession. Otherwise, he can get in trouble for constructive posession.
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Old 06-19-2013, 10:04 PM
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Quote:
Originally Posted by jdmstuff View Post
You can sell the lower directly to your friend. He should be aware that he needs to have either no AR lowers or at least an AR pistol lower in his possession. Otherwise, he can get in trouble for constructive posession.

Please cite the law that dictates that.






He can buy the upper no problem, however he can't mount it to a lower that is currently registered as a rifle.
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Old 06-19-2013, 10:08 PM
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Quote:
Originally Posted by jdmstuff View Post
You can sell the lowerUPPER directly to your friend. He should be aware that he needs to have either no AR lowers or at least an AR pistol lower in his possession. Otherwise, he can get in trouble for constructive posession.
Fixed it for you

I don't think you can sell a pistol lower by itself.. in CA , It has to be sold complete and under SSE status to be legal.. To avoid the safe handgun roster.

so if you sold your upper.. you wouldn't be able to sell the lower without another upper attached..

ETA
Quote:
Can I still sell the lower without the upper?
NO (not in cA)
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  #5  
Old 06-20-2013, 4:05 AM
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A handgun does not have to be transferred under SSE if being transferred private party. The SSE is an exemption to the roster requirement for dealer purchases. PPT are exempt from the roster already.

Legally the dealer is required to enforce a safe handling demonstration, P.C. 26850, which can't be performed with only the lower.

Some FFLs are strict and adhere to the requirement that the demonstration be performed on the handgun being transferred, others will allow the demonstration on a handgun of the same make and model. The P.C. says it is to be done on "that handgun" but the affidavit adds "(or one of the same make and model)".

Since it is your friend, maybe he will let you borrow the upper when you sell the lower so the buyer can do the safe handling demonstration. You'd want to check with your FFL if that would be ok beforehand and don't leave the upper with the lower at the FFL during the wait period just in case the buyer is unscrupulous.

As mentioned, the buyer of the upper needs to be aware of constructive possession laws.

Last edited by Bartin; 06-20-2013 at 4:39 AM..
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Old 06-20-2013, 12:11 PM
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Quote:
Originally Posted by Ninety View Post
I don't think you can sell a pistol lower by itself.. in CA , It has to be sold complete and under SSE status to be legal.. To avoid the safe handgun roster.

WRONG.
PPTs & consignment sales, as well as xfers due to inheritances, lineal intrfamily xfers, etc. are Roster-exempt.
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  #7  
Old 06-20-2013, 3:55 PM
HappyCamper781 HappyCamper781 is offline
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You legally CAN sell the pistol lower as a PPT... but good f'ing luck trying to find an FFL who will do a PPT / DROS on a stripped pistol lower. In my experience, most will ONLY do a complete AR pistol w/ legal mag.

Turner's Outdoorsman (chain store) will NOT do a PPT on an AR pistol unless the lower is MARKED "PISTOL".
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