AR pistol on a stripped lower?

[karl9422]

https://docs.google.com/fileview?id=0B0qyloA48O3XZWFjYjMwYTMtYTg1MC00NzVhLWI3NmMtZDRiNTMzNzdhMzUx&hl=en

I was looking at this response from the atf and noticed how it said a stripped lower can be made into a pistol as long as it has never been a rifle. Can this really be done in cali? i dont see any law saying it could not be done and the feds say it would be ok from this paperwork.

[NiteQwill]

Fed = OK.

State = No GO.

Due to the fact that stripped lowers must be DROS'd as a longarm or pistol (LEO exempt). So, unless you are a LEO who dros'd the lower as a pistol, you cannot make an AR pistol from a stripped lower in the glorious state of California.

You must either:
1.) PPT an existing AR pistol
2.) Machine out of 80% lower
3.) Be LEO

[karl9422]

So any other state but california this would work

[NiteQwill]

So any other state but california this would work

Yes (minus the ones with similar laws like us - NJ, NY, MA, HI, etc.)

[karl9422]

Could an out of sate store build a complete ar pistol on a stripped lower and than get it dros as a pistol in cali? with the single shot sled and the fixed mag?

[NiteQwill]

Yes. Spikes Tactical does full builds. Check my signature link.

[karl9422]

So it does not matter if the lower is labeled as a pistol lower? if it is built out of state?

[karl9422]

So it does not matter if the lower is labeled as a pistol lower? if it is built out of state?

[21SF]

Some companies make "pistol lowers" those can be made into pistols, but not rifles. I believe you dros them as pistols.

[dachan]

So it does not matter if the lower is labeled as a pistol lower? if it is built out of state?

No it does not matter; but as you stated earlier, federal requires the lower never have been built into a rifle previously. So in a perfect world you would want clear lineage from the manufacturer to you on your lower showing it was never built or registered as a long gun. Purchasing a pistol marked lower doesn't do this, but lessens the chances of getting a SBR. Since the price incremental out of state is just a few dollars, it's a worthwhile investment just incase the worst happens and your AR pistol gets confiscated by LE and an ATF trace is performed.

[RolinThundr]

Could an out of sate store build a complete ar pistol on a stripped lower and than get it dros as a pistol in cali? with the single shot sled and the fixed mag?

There are companies offering complete, CA compliant single-shot ARs for sale. The pistol must be complete in order to enter the state of CA, no stripped pistol lowers.

You may be able to purchase a complete pistol lower, or nearly complete, with the mag lock and single shot mag in place and build from there, but I'd check up on that first.

[CSACANNONEER]

Fed = OK.

State = No GO.

Due to the fact that stripped lowers must be DROS'd as a longarm or pistol (LEO exempt). So, unless you are a LEO who dros'd the lower as a pistol, you cannot make an AR pistol from a stripped lower in the glorious state of California.

You must either:
1.) PPT an existing AR pistol
2.) Machine out of 80% lower
3.) Be LEO

There is no case law on this. It's just the recommended way to stay safe right now.

I'm thinking that it is 100% legal for me to take a Ca DROSed lower (which has never had a rifle upper mounted to it) to another state and build a pistol out of it. This would not be against any Federal law. Then, once that is done, I could legally bring my legal property back into California without having to inform DOJ or DROSing it as a handgun. So, besides the obvious idea (no law to support it) that "once DROSed as a rifle, always a rifle", is there any written law that would forbid me to do this? I don't think there is.

[NiteQwill]

There is no case law on this. It's just the recommended way to stay safe right now.

I'm thinking that it is 100% legal for me to take a Ca DROSed lower (which has never had a rifle upper mounted to it) to another state and build a pistol out of it. This would not be against any Federal law. Then, once that is done, I could legally bring my legal property back into California without having to inform DOJ or DROSing it as a handgun. So, besides the obvious idea (no law to support it) that "once DROSed as a rifle, always a rifle", is there any written law that would forbid me to do this? I don't think there is.

No there is not.

But this is California.

And although YMMV, it may also lead to a very bad day in the presence of an unscrupulous DA.

[karl9422]

The way i see it we already walk in a grey area with the ar and ak we have but they have become common because we know we can make them with the laws that are put in place. So why cant we also make an ar pistol from a stripped lower. i cant find a law saying one cant be made into one, but i can find a law say i can.

[NiteQwill]

The way i see it we already walk in a grey area with the ar and ak we have but they have become common because we know we can make them with the laws that are put in place. So why cant we also make an ar pistol from a stripped lower. i cant find a law saying one cant be made into one, but i can find a law say i can.

There is no grey area for AR OLL builds. The law is there. The PC is there. Cases have been well defended, none loss (unless there was color). No grey. This has been well established.

If you want to be a test case... At least if one has a registered AR Pistol, it comes up as registered... versus one who has to explain it to the confused LEO.

You are mixing up federal and state standings. Remember, a BATFE memo is only good for the holder. You can wave that memo all around in California court and it wouldn't mean squat.