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  • tigerzden
    Senior Member
    • Jan 2009
    • 2440

    Delete Please

    Delete
    Last edited by tigerzden; 07-08-2013, 8:26 PM.
    ΜΟΛΩΝ ΛΑΒΕ
  • #2
    jdmstuff
    Senior Member
    • Jul 2012
    • 761

    You can sell the lower directly to your friend. He should be aware that he needs to have either no AR lowers or at least an AR pistol lower in his possession. Otherwise, he can get in trouble for constructive posession.

    Comment

    • #3
      762ch
      Senior Member
      • Jan 2013
      • 1121

      Originally posted by jdmstuff
      You can sell the lower directly to your friend. He should be aware that he needs to have either no AR lowers or at least an AR pistol lower in his possession. Otherwise, he can get in trouble for constructive posession.

      Please cite the law that dictates that.






      He can buy the upper no problem, however he can't mount it to a lower that is currently registered as a rifle.

      Comment

      • #4
        Ninety
        Veteran Member
        • Nov 2012
        • 4062

        Originally posted by jdmstuff
        You can sell the lowerUPPER directly to your friend. He should be aware that he needs to have either no AR lowers or at least an AR pistol lower in his possession. Otherwise, he can get in trouble for constructive posession.
        Fixed it for you

        I don't think you can sell a pistol lower by itself.. in CA , It has to be sold complete and under SSE status to be legal.. To avoid the safe handgun roster.

        so if you sold your upper.. you wouldn't be able to sell the lower without another upper attached..

        ETA
        Can I still sell the lower without the upper?
        NO (not in cA)
        NRA Member
        The Constitution does not bestow wisdom. It's up to the body politic to be wise. -Patriot
        All that is required for evil to prevail is for good men to do nothing.
        -Edmund Burke
        I'd much rather go to my grave never needing my gun, than go there wishing I had it.
        - Phil Dalmolin

        The Battle of Athens was illegal too.

        Comment

        • #5
          Bartin
          Member
          • Jan 2011
          • 422

          A handgun does not have to be transferred under SSE if being transferred private party. The SSE is an exemption to the roster requirement for dealer purchases. PPT are exempt from the roster already.

          Legally the dealer is required to enforce a safe handling demonstration, P.C. 26850, which can't be performed with only the lower.

          Some FFLs are strict and adhere to the requirement that the demonstration be performed on the handgun being transferred, others will allow the demonstration on a handgun of the same make and model. The P.C. says it is to be done on "that handgun" but the affidavit adds "(or one of the same make and model)".

          Since it is your friend, maybe he will let you borrow the upper when you sell the lower so the buyer can do the safe handling demonstration. You'd want to check with your FFL if that would be ok beforehand and don't leave the upper with the lower at the FFL during the wait period just in case the buyer is unscrupulous.

          As mentioned, the buyer of the upper needs to be aware of constructive possession laws.
          Last edited by Bartin; 06-20-2013, 4:39 AM.

          Comment

          • #6
            bwiese
            I need a LIFE!!
            • Oct 2005
            • 27622

            Originally posted by Ninety
            I don't think you can sell a pistol lower by itself.. in CA , It has to be sold complete and under SSE status to be legal.. To avoid the safe handgun roster.

            WRONG.
            PPTs & consignment sales, as well as xfers due to inheritances, lineal intrfamily xfers, etc. are Roster-exempt.

            Bill Wiese
            San Jose, CA

            CGF Board Member / NRA Benefactor Life Member / CRPA life member
            sigpic
            No postings of mine here, unless otherwise specifically noted, are
            to be construed as formal or informal positions of the Calguns.Net
            ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
            employer. No posts of mine on Calguns are to be construed as
            legal advice, which can only be given by a lawyer.

            Comment

            • #7
              HappyCamper781
              CGSSA Coordinator
              • Oct 2012
              • 1856

              You legally CAN sell the pistol lower as a PPT... but good f'ing luck trying to find an FFL who will do a PPT / DROS on a stripped pistol lower. In my experience, most will ONLY do a complete AR pistol w/ legal mag.

              Turner's Outdoorsman (chain store) will NOT do a PPT on an AR pistol unless the lower is MARKED "PISTOL".

              Comment

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