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  • tkmech21
    Member
    • Jun 2008
    • 429

    AR pistol?

    thinking of building an AR pistol, I already own 2 15's and a 10. and i'm about start an 80% lower build. If I build it as a pistol, I have heard that you cannot have a pistol upper and a longgun lower in your possesion, is that true? are there any ways aroud it if it is? has anyone here applied for and been approved for an SBR?
  • #2
    Quiet
    retired Goon
    • Mar 2007
    • 30241

    Possession of a pistol upper and rifle lowers, equates to constructive possession of a SBR. Unless, you have a pistol lower.

    It's next to impossible to get approval for a Dangerous Weapons Permit for a SBR and you need a valid Dangerous Weapons Permit before BATFE will approve your Form 1/4 for a SBR.
    However, on the off-chance you do get approved, you have to pay yearly CA DOJ fees to keep the SBR and are subject to CA DOJ BOF inspection audits. Also, need to register where the SBR is being stored and what vehicles it will be transported in (storing or transporting it in a non-registered location or vehicle, is cause to have your Dangerous Weapons Permit revoked and SBR confiscated).

    IMO...
    Finish building your pistol lower before you get the pistol upper.
    sigpic

    "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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    • #3
      dfletcher
      I need a LIFE!!
      • Dec 2006
      • 14787

      You can not have a less than 16" upper if the only lower(s) you own are rifle. If you have a less than 16" upper, a handgun lower and some rifle uppers & lowers you're fine. I have similar set ups with T/C single shots, no big deal. Though I do wonder what happens if I send off my handgun frame for a little work and the thing is at the gun shop and I temporarily have a bunch of handgun barrels and only rifle frames. Perhaps, even though the handgun frame is not at my residence, I still have constructive possession of it and am OK? Don't know for sure.
      Last edited by dfletcher; 10-30-2009, 8:19 PM.
      GOA Member & SAF Life Member

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      • #4
        tkmech21
        Member
        • Jun 2008
        • 429

        so as long as i have a pistol marked lower. i'll be ok.

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        • #5
          gun toting monkeyboy
          Calguns Addict
          • Aug 2008
          • 6820

          Yes.
          Originally posted by aplinker
          It's OK not to post when you have no clue what you're talking about.

          Comment

          • #6
            wildhawker
            I need a LIFE!!
            • Nov 2008
            • 14150

            Originally posted by tkmech21
            so as long as i have a pistol marked lower. i'll be ok.
            Markings are not legally relevant.
            Brandon Combs

            I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

            My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

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            • #7
              Quiet
              retired Goon
              • Mar 2007
              • 30241

              Some people recommend you register your newly built (AR/AK) handgun with CA DOJ, as a form of CYA. Since, if LE ever encounters the pistol and runs it, it'll then come up as a handgun registered to you. That way, they are less likely to arrest you for an unregistered SBR.
              sigpic

              "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

              Comment

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