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Pistol without a pistol grip?

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  • iBkickinit
    CGN/CGSSA Contributor
    CGN Contributor
    • Jul 2007
    • 462

    Pistol without a pistol grip?

    So my mind is turning and as I was thinking I came up with the following scenario...

    If I have an AR pistol with no pistol grip, but rather a hammerhead grip (or an AK pistol with a straight-grip nub off the back), would I still need a bullet button/mag lock?



    Section 12276.1 states:

    (1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable
    magazine and any one of the following:
    (A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
    (B) A thumbhole stock.
    (C) A folding or telescoping stock.
    (D) A grenade launcher or flare launcher.
    (E) A flash suppressor.
    (F) A forward pistol grip.
    (2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to
    accept more than 10 rounds.
    (3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
    (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.
    (6) A semiautomatic shotgun that has both of the following:
    (A) A folding or telescoping stock.
    (B) A pistol grip that protrudes conspicuously beneath the action of the weapon,
    thumbhole stock, or vertical handgrip.
    (7) A semiautomatic shotgun that has the ability to accept a detachable magazine.



    In this situation, there IS no pistol grip. Does the described gun still meet the illegal configuration described in 4(D)? Given the difference in language between 'handgrip' used in 4(B), and 'pistol grip' used in 4(D)

    I'm sure its just wishful thinking, just curious as to what some with more legal background would say!
    GC - Yellow
    4/28 - App Received
    5/19 - Check Cashed
    8/12 - Phone Call
    9/10 - Interview
    9/11 - Live Scan/Training Completion Submitted
    9/11 - CA Complete
    9/29 - FBI Complete
    10/5 - Firearms Complete
    12/27 - Call for pickup!
  • #2
    bohoki
    I need a LIFE!!
    • Jan 2006
    • 20815

    if it doesnt have a pistol grip how can you claim that the magazine goes inside it

    i'm still waiting

    Comment

    • #3
      iBkickinit
      CGN/CGSSA Contributor
      CGN Contributor
      • Jul 2007
      • 462

      My point is about the law stating only certain configurations are deemed assault weapons. If it doesn't have a pistol grip, how can it have 'The capacity to accept a detachable magazine at some location outside of the
      pistol grip'. If it has no 'pistol grip'...
      GC - Yellow
      4/28 - App Received
      5/19 - Check Cashed
      8/12 - Phone Call
      9/10 - Interview
      9/11 - Live Scan/Training Completion Submitted
      9/11 - CA Complete
      9/29 - FBI Complete
      10/5 - Firearms Complete
      12/27 - Call for pickup!

      Comment

      • #4
        steelcore
        Member
        • Nov 2010
        • 347

        Well since you're talking about an AR pistol, any grip on it could be deemed by authorities to be a "pistol grip". If there's a problem, they'll say it's the "grip of the pistol", making it a pistol grip.

        I think you should ask those lovely folks in Milpitas. Matter of fact, I'm going there in the next week to ask a question.
        Fidelis?.....Semper

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