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2017 AR pistol thread (master)
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- Rich

Originally posted by dantoddA just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success. -
I don't think it matters. Once the lower has been machined in the fire control group area, it is no longer an 80% and is considered to be a "firearm" by the BATFE.
At that point, a California resident could conceivably take it out of state and assemble parts to it, in any configuration that is legal in that state and non-NFA.
It MAY then be legal to bring it back into California.
California PC is full of "within California" phrases. Some are problematic, such as the prohibition on "offering for sale within California"... depending on how the phrase is parsed, it may or may not be illegal for a person to sell a magazine or AW to someone out of state... is the prohibition also against the "offering for sale" within California, or merely prohibiting the transfer from taking place in California.
But the law does not say that it is illegal for a California resident to manufacture an off-roster handgun. It is illegal to manufacture one IN California.
It is also not illegal to modify a gun while you are out of state, so long as it is not an AW or NFA item when returning with it.
The lower being completed establishes it as a "firearm", therefore no interstate status change exists.- Rich

Originally posted by dantoddA just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.Comment
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Right, but you would not be "purchas[ing] or otherwise obtaining" the firearm outside California. You would have milled it, creating a "firearm" in California.
Again, in this scenario, didn't "purchase or obtain it" outside the state.CA laws requires a CA resident that acquires a firearm in another State to import that firearm into CA using a CA FFL dealer. [PC 27585(a)]
Again, in his scenario, you wouldn't have made it outside the state because you would have milled it in California.
In order for a CA resident to legally make a firearm in another State and bring it to CA:
1. An out-of-state 07-FFL must be utilized.
2. After the firearm is made, the 07-FFL will mark it with their information.
3. Afterwards, the firearm must be shipped to a CA FFL dealer.
4. That CA FFL dealer will then transfer the firearm to the CA resident.
The firearm must be CA legal (not considered a prohibited weapon) and if the firearm is a handgun, then it must be listed on the Roster of Handguns Certified for Sale or be exempt from it (C&R, LEO sale, OTP, SAE, SSE2).
Am I wrong?In case it wasn't obvious, nothing I write here should be interpreted as legal advice.Comment
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Why do you believe you cannot register a stripped lower as a pistol? A FFL cannot DROS a stripped AR lower as a pistol, but I believe it can be vol-reged as a pistol (so long as it has never been in a rifle configuration). Anybody with experience on this?However, and I ask to be corrected if i'm wrong, stripped lowers cannot be registered as a "pistol," in California. My understanding is that in order for a firearm to meet the requirements for exceptions under PC 32100, it must be a functioning and dimensionally compliant break top or bolt action single shot pistol.
Unfortunately, now with AB-857 going into effect, all 80 percent lowers must one way or another be registered with the DOJ. Therefore, I cannot see how someone could mill out an 80 percent lower, take it out of state to complete the assembly of a SA pistol, and then return to California without running into the same setbacks as just converting while here.
I don't see why not. Not saying there isn't a reason why--I just don't see what Penal Code provision you'd be violating in the scenario I outlined.In case it wasn't obvious, nothing I write here should be interpreted as legal advice.Comment
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I myself do not have experience with trying to VolReg a stripped AR lower as a pistol, so I guess I should have phrased it as "I don't think one can."Why do you believe you cannot register a stripped lower as a pistol? A FFL cannot DROS a stripped AR lower as a pistol, but I believe it can be vol-reged as a pistol (so long as it has never been in a rifle configuration). Anybody with experience on this?
I don't see why not. Not saying there isn't a reason why--I just don't see what Penal Code provision you'd be violating in the scenario I outlined.
Sent from my SAMSUNG-SM-G920A using TapatalkComment
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For what it's worth, the BOF-1008 form lets you write whatever you want it seems.In case it wasn't obvious, nothing I write here should be interpreted as legal advice.Comment
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Which is easier? Is there a difference?
Since I started with an 80% lower, I can register it as an AR PISTOL (not AW) since thats how it was from the start?
also
If I were to register my AR PISTOL...when choosing "frame only" would it be best to choose yes? Since I wont have to input caliber and barrel length?Last edited by 805local; 06-09-2018, 7:52 PM.Comment
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How do I fill out this form for my 80% lower AR Pistol?
Below are the areas I have questions about...
Frame only- what should I put?
What do I put for Model?
Date acquired?
Comments?Attached FilesComment
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- Rich

Originally posted by dantoddA just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.Comment
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Just SN on lower if BoF 4542A submittal only?
So with a self-made, fixed mag AR pistol, if not going RAW route and simply using mail-in BoF form 4542A by 7/1/18, the only identifying mark needed on the lower is a self-chosen serial number, correct?
If RAW, I understand it needs to have make, model, origin, etc....but in the above case, just a serial number.sigpicComment
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WOULD THIS BE THE WAY TO FILL OUT THE VOLREG FOR AN AR PISTOL?
*Firearm Type = PISTOL
*Category =SEMI AUTO
*Frame Only? =NO
*HSC or FSC Number= XXXXXX
*Make = U S
*Model =N/A
*Caliber= 5.56
*Firearm Color =BLACK
*Barrel Length = 7.5"
*Serial Number= XXXXXXXX
*Re-enter Serial Number= XXXXXX
*Firearm Origin= SELF MADE
*Date Acquired =05/30/2018
*Acquired From =OTHER
*Explain Why=SELF MADE
*Comments= SELF MADE PISTOL, FIX MAG, BREAK TOP.Comment
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