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  • Richieboy
    Member
    • Sep 2006
    • 132

    AR Build Question

    Im looking into building an OLL or at least buying a lower for now. I went into one of my local gunshops yesterday and one of the gentlemen was telling me that the OLL builds are illegal. He says you can legally buy the lower but as soon as you build it you are "manufacturing an assault weapon" and therefore are a felon. I am planning on configuring my OLL build to be gripless(minus the other evil features) to accept detachable magazines. The DOJs own website lists that detachable magazines are not to only criteria for determining an AW. He was also telling me that you can get into trouble with screw lock mag catches because "they are easily converted to an assault weapon." They had a letter from the DOJ saying that the DOJ does not consider OLLs an exception to the law and that they are in fact illegal(to build). He had a lot of information and to me seems a credable source. His suggestion was to write a letter to the DOJ detailing my desired build and if I got a letter of OK back I could build one. Im a little fuzzy on this because a detachable mag is not an automatic assault weapon(as long as the rest of the weapon is in compliance). Ive searched the DOJ website but but cant find anything conclusive. Do any of you have any thoughts on this? I really need more than a "yes/no/hes right/hes wrong" for an answer.
  • #2
    NRAhighpowershooter
    Super Moderator
    CGN Contributor - Lifetime
    • Jun 2003
    • 6485

    This so called 'letter' was nothing but DOJ scare tactics... as well as the 'memos'
    'Just Don't Point, Squint, and Laugh! '

    Distinguished Rifleman Badge #2220

    Comment

    • #3
      ohsmily
      Calguns Addict
      • Apr 2005
      • 8995

      I don't have the patience to go through the details (someone else will or will link you to the information) but there are 10's of thousands of us who have built OLLs. If you comply with SB23, you are fine.

      Gripless with NO evil features is 100% legal. Fixing the magazine in place isn't quite as "safe" because of the DOJ trying to monkey around with the legal definition of "permanent" and "capacity to accept" with regard to fixing the magazine. The general consensus is either method is acceptable.
      Expert firearms attorney: https://www.rwslaw.com/team/adam-j-richards/

      Check out https://www.firearmsunknown.com/. Support a good calgunner local to San Diego.

      Comment

      • #4
        Blacktail 8541
        Senior Member
        • May 2006
        • 1567

        Two DOJ agents must have thought that my fixed mag rifle were ok after they inspected them. Because they did not confiscate them or arrest me!
        They complimented me on my weapons.
        BT 8541

        sigpic


        "You sleep safe in your beds because rough men stand ready in the night to visit violence on those who would do you harm."

        Comment

        • #5
          madjack956
          Veteran Member
          • Jan 2006
          • 2617

          You are right. He is wrong. Find another gun shop. You are not building an AW if it does not have the features.
          Paralyzed Veterans of America www.pva.org

          Comment

          • #6
            megavolt121
            Senior Member
            • Feb 2006
            • 1561

            Where are you located?

            As long as you build up your OLL in one of the two configs, you will be legal:
            1) Fix the magazine in place + pistol grip
            2) Removable magazine + Monsterman grip(or some other non pistol grip) + fixed stock + muzzle break.

            Comment

            • #7
              Richieboy
              Member
              • Sep 2006
              • 132

              Thanks for the input. Im in the east bay area. If I give the DOJ a call will they agree? I realized its legal within the letter of the law but do you think the DOJ itself will tell me its legal?

              Comment

              • #8
                ohsmily
                Calguns Addict
                • Apr 2005
                • 8995

                Originally posted by Richieboy
                Thanks for the input. Im in the east bay area. If I give the DOJ a call will they agree? I realized its legal within the letter of the law but do you think the DOJ itself will tell me its legal?
                They might tell you it is OK, they might tell you it is illegal. You will never get the same answer twice when you call the DOJ over the phone. Either way, you don't need the blessing of the DOJ if you are clearly following the law.

                If you are not comfortable doing this after reading the law and seeing that 10's of thousands of people have done this, then perhaps building an OLL isn't for you. It is currently legal to do it, but you have to make sure to follow the rules when you do so and know that you might draw the eye of an uninformed cop (though those encounters have been very few and far between among Calguns members.)
                Expert firearms attorney: https://www.rwslaw.com/team/adam-j-richards/

                Check out https://www.firearmsunknown.com/. Support a good calgunner local to San Diego.

                Comment

                • #9
                  Mark_in_Pasadena
                  Banned
                  • Oct 2006
                  • 2035

                  Originally posted by Richieboy
                  Thanks for the input. Im in the east bay area. If I give the DOJ a call will they agree? I realized its legal within the letter of the law but do you think the DOJ itself will tell me its legal?
                  Richie, from my experience the people on calguns know the laws better than the agents do, not to mention you talk to 20 different agents you'll get 20 different answers.

                  Bottom line, the first thing you want to do when building your lower is LOCK the Magazine, and then complete the lower. If you're REALLY paranoid, video tape it as proof....

                  Comment

                  • #10
                    Powersauce
                    Member
                    • Apr 2006
                    • 190

                    Originally posted by madjack956
                    You are right. He is wrong. Find another gun shop. You are not building an AW if it does not have the features.
                    +1
                    madjack seems to have summed it up pretty well.

                    Comment

                    • #11
                      fun2none
                      Member
                      • Oct 2005
                      • 402

                      Originally posted by Richieboy
                      Thanks for the input. Im in the east bay area. If I give the DOJ a call will they agree? I realized its legal within the letter of the law but do you think the DOJ itself will tell me its legal?
                      A sporting goods store in E. San Jose told me exactly the same thing. They said "OLL rifles were illegal and the BATF&DOJ is cracking down on them. Furthermore, the DOJ only approved one specific receiver that was loopholed in. If you wanted a legal AR the only option is the Bushmaster closed mag well, which he just happened to have in stock.

                      I passed on the Bushmaster polymer wonder.

                      Comment

                      • #12
                        Tunis
                        Vendor/Retailer
                        CGN Contributor - Lifetime
                        • Feb 2006
                        • 1372

                        anyone know of any dealers who sell stripped lower receivers in the bay area?

                        Comment

                        • #13
                          blkA4alb
                          Moderator Emeritus
                          CGN Contributor - Lifetime
                          • Feb 2006
                          • 3576

                          Originally posted by Tunis
                          anyone know of any dealers who sell stripped lower receivers in the bay area?
                          San Jose Gun Exchange.
                          Please, calm down.

                          Comment

                          • #14
                            Joe
                            Calguns Addict
                            • Apr 2006
                            • 5730

                            there are a few... san jose gun exchange is one of them.

                            Comment

                            • #15
                              Blue
                              Calguns Addict
                              • Oct 2005
                              • 8071

                              The DOJ will never tell you it's legal or give you their blessing. It's their job security to screw with gun owners. If there was no gun laws there'd be no DOJ firearms division. The more laws they create the more man hours needed to enforce them. If you cant find an OLL friendly FFL then move on. There's tons out there. I'd personally go gripless with all of the DOJ banter out there.
                              Lord, make my hand fast and accurate.
                              Let my aim be true and my hand faster
                              than those who would seek to destroy me.
                              Grant me victory over my foes and those who wish to do harm to me and mine.
                              Let not my last thought be 'If I only had my gun."
                              And Lord, if today is truly the day you call me home, let me die in an empty pile of brass.
                              sigpic
                              NRA Member

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