"Readily accept a stock" pistol help

[cowboyup]

Hello,

Looking for the part of ca law that says an ar pattern pistol receiver extension cant accept a stock ?

Does the thordsen buffer tube qualify? It can accept a commercial stock but has no detent holes drilled. Can you just put a drop of weld on the buffer tube to keep it it from accepting a stock?

Thanks

[cowboyup]

Btt

[edgerly779]

News to me I thought any rifle buffer tube can be used on pistol lower as long as no stock installed.

[RickD427]

Cowboy,

You're not going to find a California statute with the level of specificity that you're looking for.

Please check out Penal Code section 33210. That's section that the nice LEO will likely put on your booking slip if you're caught with a weapon they believe to be illegally configured.

It's a question of interpretation. There's some amount of interpretation involved in the enforcement of every law. California law does not specifically say what a stock is. That leaves us with the common use of the term to mean something that you place against your shoulder in order to stabilize the weapon. A stock can be something that is commercially manufactured for that purpose, or it can be something improvised for that purpose.

The problem with the AR Buffer Tube is that it can be placed against the shoulder for the purpose of stabilizing the weapon. It ain't pretty, and it ain't comfortable, and Dr. Stoner didn't design it that way, but it does work.

LEO's strive to make reasonable interpretations of law before taking someone to jail, but as you can tell from other threads in this forum, there is not a universal agreement on how well we do that.

IMHO, if you have a straight buffer tube, the way it came from the factory, and everything else about your build is a pistol. I'd go to the range, shoot and enjoy. Its true that an aggressive LEO may think that you have an SBR, but the moon could also fall out of the sky and land on you. Life has risks. You can minimize those risks by doing things to prevent that buffer tube from being a stock (like dropping a weld bead on the tube, or placing a spike at the stern end of the tube to prevent it from being placed against your shoulder)

If you go that route, do not have a conventional stock in your possession. Section 33210 also uses "Constructive Possession" language to define a SBR.

[bajadan]

Seriously, just buy a Pistol tube that can't accept or even look like it can accept a stock. Like mentioned above you won't find a CA code. But you might get that one cop who can cost you thousands in lawyer fees.

[cowboyup]

Ya, good info, thanks!

[bohoki]

you can easily get one of those pistol buffer tube on the ebay for like $25 it would save much hassles

[Quiet]

Penal Code 17170
As used in Sections 16530 and 16640, Sections 17720 to 17730, inclusive, Section 17740, Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4, and Article 1 (commencing with Section 33210) of Chapter 8 of Division 10 of Title 4, "short-barreled rifle" means any of the following:
(a) A rifle having a barrel or barrels of less than 16 inches in length.
(b) A rifle with an overall length of less than 26 inches.
(c) Any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length.
(d) Any device that may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subdivisions (a) to (c), inclusive.
(e) Any part, or combination of parts, designed and intended to convert a device into a device defined in subdivisions (a) to (c), inclusive, or any combination of parts from which a device defined in subdivisions (a) to (c), inclusive, may be readily assembled if those parts are in the possession or under the control of the same person.

Penal Code 16530
(b) Nothing shall prevent a device defined as a "firearm capable of being concealed upon the person," "pistol," or "revolver" from also being found to be a short-barreled rifle or a short-barreled shotgun.