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Can I get an 80% Glock on my CCW?

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  • #16
    RickD427
    CGN/CGSSA Contributor - Lifetime
    CGN Contributor - Lifetime
    • Jan 2007
    • 9260

    Originally posted by ugimports
    If this were true you could never modify a rostered semi auto pistol. If you did you would then be creating an off roster pistol. For example replacing an oem glock 19 slide with a lonewolf slide would be just as illegal as converting your single shot 80% build to semi auto. If you don't think it is the same, what would be the reason?

    Sent from my SAMSUNG-SM-G900A using Tapatalk
    You're right, that's one of the problems with the new law. But do not assume that since the wording of the law leads to an awkward result, that the law doesn't mean what it says. It may very well be that it's now illegal to change a slide in the manner you described.

    PC 29180(a) applied a definition of "Manufacturing" that is quite similar to one adopted by the Fourth Circuit in the Broughman v Carver decision. However, the court was very careful in Broughman to make clear that minor alterations to a weapon could not be considered as "manufacturing" while major changes to an existing weapon would be.

    The California legislature failed to incorporate language excluding minor changes when it adopted the new definition.

    It's probably going to require a test case to sort it all out. I would not want to be the test defendant.
    If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

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    • #17
      RickD427
      CGN/CGSSA Contributor - Lifetime
      CGN Contributor - Lifetime
      • Jan 2007
      • 9260

      Originally posted by AlienHobo
      The way I read it, that is the initial construction. For example, once it has been built into a Single Shot, bolt action, you have constructed the firearm. It is now a firearm.

      After that, if you change out any of the components or even turn it into a Semi-Auto, you are only modifying the already-constructed firearm.
      Please give a close read to California's new definition, and the background of the Broughman case.

      Your argument that the weapon was already manufactured, and is now only being modified, was pretty thoroughly thrown out of the window.

      It's now the case that a previously manufactured weapon, can be manufactured into a new weapon. Just how much, or how little, has to be done is an open question. Broughman required some significant changes. California hasn't set a threshold.
      If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

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      • #18
        AlienHobo
        Senior Member
        • Mar 2016
        • 695

        Originally posted by RickD427
        Please give a close read to California's new definition, and the background of the Broughman case.

        Your argument that the weapon was already manufactured, and is now only being modified, was pretty thoroughly thrown out of the window.

        It's now the case that a previously manufactured weapon, can be manufactured into a new weapon. Just how much, or how little, has to be done is an open question. Broughman required some significant changes. California hasn't set a threshold.
        Hmm.. Interesting. I stand corrected (and sad)...

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        • #19
          pklin1297
          Veteran Member
          • Sep 2006
          • 3287

          Sad indeed... It all comes down to, in a nut shell, whether you'd want to be the "test defender" like Rick said. However, most 80% Glock builders were/are ignoring the part about building it into a single-shot, bolt action, dimensionally compliant safe handgun to begin with, and advertising their illegal builds on here to boot, so they've got a bigger problem on their hands should DOJ eventually pursues this... Fun State we live in.
          NRA Member, CAPRC Member

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