Is June 30th really a deadline for featureless or fixed mag?

[guest1]

In this other similar thread.

http://www.calguns.net/calgunforum/showthread.php?t=1452669

AregularGuy has an excellent point in post #10.

Here is the quote from that thread directly.

this is from the new AW regs:

With regards to an AR-15 style firearm, if a complete upper receiver and a complete lower receiver are completely detached from one another, but still in the possession or under the custody or control of the same person, the firearm is not a semiautomatic firearm.

Specifically mentions custody and control, etc. No constructive possession can follow.

I hope what he is saying is the law carved in stone and will put this constructive possession issue to bed.

[Sparrow Dynamics]

Here is the quote from that thread directly.


I hope what he is saying is the law carved in stone and will put this constructive possession issue to bed.

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/text-adopted-regulations-bullet-button.pdf

Just like AregularGuy said... It reads:

With regards to an AR-15 style firearm, if a complete upper receiver and a complete lower receiver are completely detached from one another, but still in the possession or under the custody or control of the same person, the firearm is not a semiautomatic firearm.

I added underlines for emphasis.

So, at this time, it seems clear to me that there is no danger of constructive possession of an unregistered "assault weapon" if you just leave the upper and lower separated.

One last side note: With NO intention of putting them together before ensuring the weapon would be compliant in some way (either featureless or fixed mag). The reason I say this, is that in legal terms, "intention" is important. So, don't post something stupid on Facebook like you are leaving your rifles separated "until the zombie apocalypse" or whatever. That would show intent. Intent shows the presence of will to commit the crime and can actually be prosecuted as a crime.

[alpha_romeo_XV]

Due to the very modular design of the AR15 platform it seems necessary that a valid law/regulation treat lower and upper in combination not separately.
Imagine more than one of us will have all of the following rifles in their same gun safe:
1. Std mag release lower mated to rim fire upper
2. BBRAW lower mated to centerfield upper.
3. Featureless lower mated to a centerfire upper.
4. Fixed mag lower mated to a centerfield upper.
Which of these is not like the others?

[Sparrow Dynamics]

I just bumped into this video that Micah over at TactiCalifornia did recently describing this same option of separating the upper from the lower.

https://youtu.be/cf-MCkX355g?t=6m22s

[JohnBrian]

Something else to worry about --- constructive possession

Is "constructive possession" something I should be concerned with?

I own two (2) ARs: one featureless and one RAW from 2000 (or whenever it was). The RAW has an 18" barrel & a Phantom flashider. The featureless has a 16" barrel & a muzzlebrake. So, theoretically, I could put the 18"/flashider upper on the featureless making it no longer a featureless and making it an AW. Of course, why would I want to do that? An AR is an AR and, from a common sense standpoint, there would be nothing gained with switching uppers--- I'd still have two ARs just slightly different from one another.

I reckon I'll put a cable lock through the lower & out the ejection port of the featureless upper to protect against any tampering.

I hate this state more & more as the days wear on!!!!!!!!!!!!!

[Librarian]

Is "constructive possession" something I should be concerned with?

I reckon I'll put a cable lock through the lower & out the ejection port of the featureless upper to protect against any tampering.

No, at the current time there is no 'constructive possession' for 'assault weapons', as already noted in the thread.

OTOH, you probably already have a cable lock lying about gathering dust, and being in CA should trigger 'extra prudence'.

[JohnBrian]

No, at the current time there is no 'constructive possession' for 'assault weapons', as already noted in the thread.

OTOH, you probably already have a cable lock lying about gathering dust, and being in CA should trigger 'extra prudence'.

I read through all the posts which only served to confuse me! And I re kollegge edumacted . . . derp

It is now in the safe with a cable lock through the receiver and the upper is now separate.