So if a brace isnt considered a stock, could one have an adjustable brace on a featureless rifle???
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Featureless question…
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Featureless question…
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Lonestargrizzly...
1. A brace isn't (for now!) a stock under FEDERAL law - but that could be changing.
2. A 'brace' on a pistol in CA is to me very risk. The ATF memos exempting
them in (1) above for Fed law have no applicability to CA gun laws - and CA
has its own separate broad definition of CA SBR.
Remember that a 'brace' nor stock is defined in regulatory code or statute.
So if some that 'looks, feels, and shoulders' like a stock but is called a brace
and has a hole in it - well, a DA, a crime lab 'expert' and a metro area judge
can easily find the brace to be a stock. (And a stock on a pistol is a no-no
in CA regardless of any Fed exemptions.)
3. You could certainly have a fixed (nonfolding, nontelescoping etc) brace on
a 'featureless' rifle. It would essentially be serving as a stock anyway.
The most important thing would be to ensure the gun has a 30" min overall
length (in combination w/16+" barrel).
Bill Wiese
San Jose, CA
CGF Board Member / NRA Benefactor Life Member / CRPA life member
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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. -
In regards to CA assault weapons laws...
A semi-auto centerfire firearm with 16" or greater rifled barrel length and a shoulder stock = must comply with CA assault weapons laws for rifles. [PC 30515(a)(1),(2),(3)]
A semi-auto centerfire firearm with a 16" or greater rifled barrel length and no shoulder stock = must comply with CA assault weapons laws for semi-auto other firearms. [PC 30515(a)(9),(10),(11)]
A semi-auto firearm with a less than 16" rifled barrel length and no shoulder stock = must comply with CA assault weapons laws for pistols. [PC 30515(a)(4),(5)]
Therefore...
If the semi-auto centerfire "rifle" does not have a shoulder stock, then it meet's the requirements of a semi-auto centerfire "other" firearm and it can not legally have any of the following:
01. A pistol grip. [PC 30515(a)(9)(A)]
02. A grenade/flare launcher. [PC 30515(a)(9)(D)]
03. A flash suppressor. [PC 30515(a)(9)(E)]
04. A forward pistol grip. [PC 30515(a)(9)(F)]
05. A threaded barrel. [PC 30515(a)(9)(G)]
06. A second handgrip. [PC 30515(a)(9)(H)]
07. A shroud. [PC 30515(a)(9)(I)]
08. The capacity to accept magazines outside of it's grip. [PC 30515(a)(9)(J)]
09. A fixed magazine with a capacity of greater than 10 rounds. [PC 30515(a)(10)]
10. An overall length of less than 30". [PC 30515(a)(11)]
Overall length is measured with the firearm in the shortest possible fireable configuration (brace folded/collapsed and non-permanently attached muzzle device removed). [11 CCR 5471(x)]
Penal Code 30515
(a) Notwithstanding Section 30510, “assault weapon” also means any of the following:
(1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
(4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel.
(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that does not have a fixed magazine.
(8) Any shotgun with a revolving cylinder.
(9) A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that does not have a fixed magazine, but that has any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(G) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
(H) A second handgrip.
(I) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel.
(J) The capacity to accept a detachable magazine at some location outside of the pistol grip.
(10) A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that has a fixed magazine with the capacity to accept more than 10 rounds.
(11) A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that has an overall length of less than 30 inches.Last edited by Quiet; 03-19-2022, 6:11 AM.sigpic
"If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).Comment
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