AR pistol

[AR-Pistol maker]

Can a AR pistol be made from an 80% lower in Ca. in 2016

[LeadFarmer74]

Yes it can. Use the search button there buddy.

[Peterpanisabtch]

come on AR-Pistol maker, YOU SHOULD KNOW THIS!

[AR-Pistol maker]

Thanks still learning my first built

[RickD427]

Can a AR pistol be made from an 80% lower in Ca. in 2016

Yes it can. But you have to follow one of the below options:

1) Build it as a dimensionally-compliant, single shot pistol, and having a "Break-Top" or "Bolt-Action" design. The AR platform lends itself quite well to either design. Please refer to Penal Code section 32100(b) for the details. A lot of ill-informed folks will suggest that you can lawfully "convert" the weapon to semi-auto after you finish building it. That's an untested legal area and there is recent case law from the Fourth Circuit that, if adopted by a California court, would hold the practice to be illegal.

2) If you build it as a semi-auto, then you'll need to add a Magazine Disconnect, Loaded Chamber Indicator, Microstamping , and submit it to a DOJ-Certified Lab for safety testing. Please refer to Penal Code sections 31910 and 32000 for the details.

[AR-Pistol maker]

Thanks for the info. Rick. Looking into with more concern.

[AR-Pistol maker]

Want to install FosTech binary trigger. I called them and they're selling to us here in Calif.

[Dumas1012]

omg...here we go.

[LeadFarmer74]

Want to install FosTech binary trigger. I called them and they're selling to us here in Calif.

Illegal.

[gun toting monkeyboy]

Wow. A rather pretentious screen name for somebody who has never built one before. Perhaps something a bit less, well, less, would be in order. One does not generally wander into a new forum and choose a screen name that implies knowledge in a particular field without actually having some knowledge in that field beforehand. That would be like me wandering into a physics forum and choosing the screen name "Mr. Physics", when in truth, I am nothing more than a monkey.

Okay, the binary triggers are a gray area here in California, unless something has changed drastically in the past couple of months. By by "gray area" I mean "How large is your bank account?" We have a law here that prohibits triggers/devices that fire more than one shot per pull. And before you go off on a tangent about that not being the case with the binary trigger, please refer to the above question. It may or may not be legal here in California, but you will end up going to jail, and have to defend your stance on this in court. There are people that are more than happy to sell them to people here in California. However, they aren't the ones who will be facing jail time and court costs. Until we get some solid legal footing supporting the use of these, I wouldn't even bother trying. I know they look cool, and there are people out there that say it is not a multi-burst trigger, but there is no way the CA DOJ will commit to that on paper. And without that, you are looking at more than 50 DAs in the state that can interpret that statute however they please. And YOU will be the one having to spend the big bucks to prove them wrong. Oh and to stay out of jail.

-Mb

[wireless]

Thanks for the info. Rick. Looking into with more concern.

"Oh this pistol? Yeah I made it back in November 2015."

[RickD427]

"Oh this pistol? Yeah I made it back in November 2015."

And your point is?????

A semi-auto build done in November of 2015 would be just as illegal as one done last night.

[edgerly779]

rickd wrong on 2. only if mfg for sale. lots of posts on this. OP use search function and determine who to iisten to. Never leo or lgs.

[RickD427]

rickd wrong on 2. only if mfg for sale. lots of posts on this. OP use search function and determine who to iisten to. Never leo or lgs.

Edgerly,

My post was correctly made. There is nothing special about manufacturing for sale. The issue is controlled by Penal Code section 32000. Here is the text:

"(a) A person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends an unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.

(b) This section shall not apply to any of the following:

(1) The manufacture in this state, or importation into this state, of a prototype handgun when the manufacture or importation is for the sole purpose of allowing an independent laboratory certified by the Department of Justice pursuant to Section 32010 to conduct an independent test to determine whether that handgun is prohibited by Sections 31900 to 32110, inclusive, and, if not, allowing the department to add the firearm to the roster of handguns that may be sold in this state pursuant to Section 32015.

(2) The importation or lending of a handgun by employees or authorized agents of entities determining whether the weapon is prohibited by this section.

(3) Firearms listed as curios or relics, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.

(4) The sale or purchase of a handgun, if the handgun is sold to, or purchased by, the Department of Justice, a police department, a sheriff’s official, a marshal’s office, the Department of Corrections and Rehabilitation, the California Highway Patrol, any district attorney’s office, any federal law enforcement agency, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. This section does not prohibit the sale to, or purchase by, sworn members of these agencies of a handgun.

(5) The sale, purchase, or delivery of a handgun, if the sale, purchase, or delivery of the handgun is made pursuant to subdivision (d) of Section 10334 of the Public Contract Code.

(c) Violations of subdivision (a) are cumulative with respect to each handgun and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by this section and other provisions of law shall not be punished under more than one provision, but the penalty to be imposed shall be determined as set forth in Section 654."

Many of those other threads that you mentioned have attempted to "Morph" the term "A person in this state who manufacturers" into "Manufacturer" and then apply the federal law definition of "Manufacturer" to arrive at the same conclusion that you reached. But that just doesn't work for two reasons: 1) The California law does not use the term "Manufacturer". It is directed to the "Person" who manufacturers. 2) The federal definition of a term is not binding on a state statute.

Please carefully review the text of section 32000. There is no exemption for personally manufactured firearms.

If you believe that there is a source of exemption for personally manufactured weapons (ones not made for sale), then please give good enough to cite the statute, or published case decision, so providing (as I have done above). But at the same time, please refrain from repeating unsupported rhetoric, that just isn't helpful to the discussion.

[desertjosh]

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