California AOW Question

[Epsilon]

Hi guys,

I plan on moving out of state, and plan to build an AOW from a stripped lower that was an "other" on form 4473, but a "rifle" on the DROS.

As you know, federally, the stripped lower isnt recognized as a rifle.

1. Can I build an AOW from this stripped lower out of state?

and

2. Would this AOW be legally recognized as an AOW if I moved back to California?

Thanks!

[AFTII]

Your answer depends upon what your final product is. If it's a CA "assault weapon" you're screwed. You spent $200 for nothing. If it's not an "assault weapon" you own a neutered AOW.

My friendly advise is buy a new receiver when you move out of state, get your approved Form 1 and build an SBR. When you leave, either sell the gun, store it, or destroy the receiver. At least you'll get to experience how useful a true SBR can be.

[sigstroker]

Is this an AR lower? AOW's are not rifles or pistols, they're generally shotguns with a short barrel and no stock.

[walmart_ar15]

Fed def

The term "any other weapon" means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.

Are you trying to make a 12/410 gauge AR pistol?

[elSquid]

2. Would this AOW be legally recognized as an AOW if I moved back to California?

I think that the first question here is: would the ATF give permission to take such an NFA item into California?

-- Michael

[AFTII]

I think that the first question here is: would the ATF give permission to take such an NFA item into California?

-- Michael

Notification is not required for AOWs or silencers.

[AFTII]

Is this an AR lower? AOW's are not rifles or pistols, they're generally shotguns with a short barrel and no stock.

AN AOW could also include an AR "pistol" with a vertical fore grip. That configuration could potentially run afoul of CA's assault weapon laws. OP, check the "CA Handgun Ban ID Flowchart" above and contact a firearms attorney to answer your questions. Don't rely on internet banter when your liberty is at risk if you are wrong.

[morrcarr67]

AN AOW could also include an AR "pistol" with a vertical fore grip. That configuration could potentially run afoul of CA's assault weapon laws. OP, check the "CA Handgun Ban ID Flowchart" above and contact a firearms attorney to answer your questions. Don't rely on internet banter when your liberty is at risk if you are wrong.

Nope, not a problem with a CA pistol. An AR pattern pistol to be legal in CA needs a fixed magazine solution. Then you can have any other "feature" you want on it. In the case of the second vertical hand grip, you would need to AOW it.

AOW's are legal in CA.

[AFTII]

Nope, not a problem with a CA pistol. An AR pattern pistol to be legal in CA needs a fixed magazine solution. Then you can have any other "feature" you want on it. In the case of the second vertical hand grip, you would need to AOW it.

AOW's are legal in CA.

What does "nope" mean? Perhaps you should re-read your post. AOW gets you nothing but a vertical hand grip. It does not affect CA assault weapons laws. Your own posts states that one would need to have a fixed magazine to be compliant. That is one of the "neutered" aows referred to in my original post. The other is a bolt action pistol. But, a AOW with a detachable magazine is a no no in CA.

An AOW must also be "concealable." Presently, that means that the OAL of the AOW be less than 26" in length. Hence, barrel length and buffer tube length matter for an AR type AOW. (So, you could have a legal CA handgun (barrel length < 16") that fails to meet the length restrictions of a AOW (< 26") when dealing with an AR.)

Then, of course, the 26" maximum could change at the whim of the ATF. In the last year, the ATF reversed its stance on how to measure braces vis-a-vis AOWs, so this is not outside the realm of possibility. Also, as we all know, California changes its laws constantly. Hence, my STRONG recommendation that the OP consult with a FIREARMS attorney before bringing any NFA gun into the state.

So what your post should have said, was "yep," AFTII was right, we really can't answer your question with any degree of confidence unless we know exactly what type of AOW you plan to build, what the final specs will be, that you know all of the ATF rules about the OAL of a AOW and how that is measure. We also need to know when, exactly, you intend to return to California, and what the laws will be when you decide to return.

[morrcarr67]

What does "nope" mean? Perhaps you should re-read your post. AOW gets you nothing but a vertical hand grip. It does not affect CA assault weapons laws. Your own posts states that one would need to have a fixed magazine to be compliant. That is one of the "neutered" aows referred to in my original post. The other is a bolt action pistol. But, a AOW with a detachable magazine is a no no in CA.

An AOW must also be "concealable." Presently, that means that the OAL of the AOW be less than 26" in length. Hence, barrel length and buffer tube length matter for an AR type AOW. (So, you could have a legal CA handgun (barrel length < 16") that fails to meet the length restrictions of a AOW (< 26") when dealing with an AR.)

Then, of course, the 26" maximum could change at the whim of the ATF. In the last year, the ATF reversed its stance on how to measure braces vis-a-vis AOWs, so this is not outside the realm of possibility. Also, as we all know, California changes its laws constantly. Hence, my STRONG recommendation that the OP consult with a FIREARMS attorney before bringing any NFA gun into the state.

So what your post should have said, was "yep," AFTII was right, we really can't answer your question with any degree of confidence unless we know exactly what type of AOW you plan to build, what the final specs will be, that you know all of the ATF rules about the OAL of a AOW and how that is measure. We also need to know when, exactly, you intend to return to California, and what the laws will be when you decide to return.

You're right. There are many things that need to be considered in CA when it comes to the AOW's and CA AW Laws.

Though if configured properly for CA Laws, there's no problem with an AOW in CA.