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Homebuilt ak pistol question?

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  • gidddy169
    Member
    • Aug 2003
    • 210

    Homebuilt ak pistol question?

    If I built a ak pistol from a flat without a threaded barrel or a threaded barrel with a barrel nut permanently attached, with 1200 degree silver solder, I could build a semi auto ak or ar pistol that accepts magazines greater than 10 rounds and be legal?

    This is what I understand from the CA Handgun AW ID flowchart, am I missing anything?
  • #2
    Quiet
    retired Goon
    • Mar 2007
    • 30242

    Originally posted by gidddy169
    I could build a semi auto ak or ar pistol that accepts magazines greater than 10 rounds and be legal?
    No.

    AR/AK pistols have the capacity to accept detachable magazine outside of the pistol grip [PC 12276.1(a)(4)(D)].
    So, in order to not be considered an assault weapon, the AR/AK needs to have a magazine lock/use a fixed magazine.
    With a fixed magazine, the magazine capacity has to be 10 rounds or less, otherwise it will be considered an assault weapon [PC 12276.1(a)(5)].

    Summary:
    To be CA legal, AR/AK pistol needs a fixed magazine with a capacity of 10 rounds or less.


    Penal Code 12276.1
    (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
    (4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
    (A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
    (B) A second handgrip.
    (C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
    (D) The capacity to accept a detachable magazine at some location outside of the pistol grip.
    (5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
    Last edited by Quiet; 01-02-2010, 11:40 AM. Reason: added PC cite
    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
      69Mach1
      Super Moderator
      CGN Contributor - Lifetime
      • Jan 2006
      • 15032

      No. AK and AR pistols in CA can never have a det. mag or a fixed mag of more than 10 rounds due to the assault weapon feature of having the mag well outside of yhe grip for a pistol.
      sigpic
      69Mach1
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      • #4
        ke6guj
        Moderator
        CGN Contributor - Lifetime
        • Nov 2003
        • 23725

        you're missing the fact that the magazine resides outside the pistol grip, so it is an AW unless you install a maglock of some sort.

        Then, now that it has a fixed mag, it can only be 10-rounds max, lest it trigger a separate AW section.
        Jack



        Do you want an AOW or C&R SBS/SBR in CA?

        No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

        Comment

        • #5
          69Mach1
          Super Moderator
          CGN Contributor - Lifetime
          • Jan 2006
          • 15032

          Don't drill a gas port and make yourself a bolt action pistol. What is the concensus on rimfire semi auto AK/AR pistols. High cap, or no high cap?
          sigpic
          69Mach1
          munkeeboi
          TURBOELKY
          antix2
          WTSGDYBBR
          tujungatoes
          jmpgnr24K

          Comment

          • #6
            ke6guj
            Moderator
            CGN Contributor - Lifetime
            • Nov 2003
            • 23725

            Originally posted by 69Mach1
            Don't drill a gas port and make yourself a bolt action pistol. What is the concensus on rimfire semi auto AK/AR pistols. High cap, or no high cap?
            same rules for rimfire pistols as centerfire pistols. So if it is semi-auto, it has to have a fixed mag of no more than 10-rounds.
            Jack



            Do you want an AOW or C&R SBS/SBR in CA?

            No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

            Comment

            • #7
              Quiet
              retired Goon
              • Mar 2007
              • 30242

              Originally posted by 69Mach1
              What is the concensus on rimfire semi auto AK/AR pistols. High cap, or no high cap?
              Assault weapon laws for semi-auto pistols are the same for both rimfire and centerfire.
              So, need to have a fixed 10 round or less magazine for a rimfire semi-auto AK/AR pistol.
              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

              • #8
                Rukus
                Senior Member
                • Jan 2009
                • 2387

                And don't forget that because of the locked magazine feature, the threaded barrel is not considered and evil feature so it doesnt need a permanent muzzle device.
                MY AR Profile #1

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                • #9
                  gidddy169
                  Member
                  • Aug 2003
                  • 210

                  Thanks,
                  I totally spaced on the magazine outside the pistol grip part.

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