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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
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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
NO (not in cA)Can I still sell the lower without the upper?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
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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
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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
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legal advice, which can only be given by a lawyer.Comment
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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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