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AR Pistol constructive possesion question...

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  • badicedog
    Veteran Member
    • Jan 2008
    • 3157

    AR Pistol constructive possesion question...

    I currently own a Registered Multi Cal. AR pistol w/ a 5.56 upper. I don't have any un-assembled AR lower(s), I don't have any spare buttstock(s). Since my AR Pistol lower is marked/registered Mulit Cal., can I purchase a different caliber upper? I would have 2 uppers (short bbl) for use with my multi-cal AR Pistol lower. Is this legal or am I venturing into murky waters?
    "Americans used to roar like lions for liberty;now we bleat like sheep for security."

    ~ Norman Vincent Peale
  • #2
    djleisure
    Veteran Member
    • Aug 2008
    • 4734

    That's perfectly legal - as long as you have at least one way to build each upper into a legal configuration you're good to go.
    ------------------------------------------------------------
    iTrader protip: When I buy something from you and I immediately pay, then my part is done. That's all I have to do. You can leave me iTrader feedback and go on with your life. When I get the item, I will leave you iTrader feedback, assuming you've already done your part. See how that works?

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    • #3
      Cokebottle
      Señor Member
      CGN Contributor - Lifetime
      • Oct 2009
      • 32373

      Assuming that your AR pistol lower (whether registered multi-cal or not) is registered as a handgun, you're good to go.
      - Rich

      Originally posted by dantodd
      A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

      Comment

      • #4
        badicedog
        Veteran Member
        • Jan 2008
        • 3157

        Yup, registered as handgun.
        "Americans used to roar like lions for liberty;now we bleat like sheep for security."

        ~ Norman Vincent Peale

        Comment

        • #5
          paladin4415
          Senior Member
          • Feb 2006
          • 814

          Originally posted by djleisure
          That's perfectly legal - as long as you have at least one way to build each upper into a legal configuration you're good to go.
          Are you saying that one registered pistol lower is enough for multiple uppers, or that he needs a registered pistol lower for each upper he has with a barrel less than 16" long?
          sigpic
          One guy walks over to the black rifle area and starts gazing. An employee asked him if he knew what he wanted. The guy answered "Not sure......definitely something black.............and short...............and tactical."

          "I thoroughly disapprove of duels. If a man should challenge me, I would take him kindly and forgivingly by the hand and lead him to a quiet place and kill him."
          -Mark Twain

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          • #6
            aplinker
            I need a LIFE!!
            • Feb 2007
            • 16762

            One pistol lower with a couple <16" barreled uppers is cool.

            I think it's when you get to so many it's really indefensible that you could potentially have issues. How many is that? But I wouldn't press it beyond a few.

            Google Map of OLL Dealers

            List of CA-friendly Manufacturers, Dealers, Middlemen, and Magazine rebuild kit dealers
            Click me-->So you're a n00b and you want to build an AR? <--Click me
            This post is based on actual events. Some facts may be altered for dramatic purposes. All posts are pure opinion. All persons, living and dead, are purely coincidental, and should not be construed.

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            • #7
              djleisure
              Veteran Member
              • Aug 2008
              • 4734

              I'm saying one pistol lower is enough for multiple uppers. Sorry if that was confusing. Of course, IANAL and all that junk...
              ------------------------------------------------------------
              iTrader protip: When I buy something from you and I immediately pay, then my part is done. That's all I have to do. You can leave me iTrader feedback and go on with your life. When I get the item, I will leave you iTrader feedback, assuming you've already done your part. See how that works?

              Comment

              • #8
                badicedog
                Veteran Member
                • Jan 2008
                • 3157

                thanks guys!
                "Americans used to roar like lions for liberty;now we bleat like sheep for security."

                ~ Norman Vincent Peale

                Comment

                • #9
                  rabagley
                  Calguns Addict
                  • Apr 2008
                  • 7180

                  Originally posted by aplinker
                  One pistol lower with a couple <16" barreled uppers is cool.
                  Actually, >16" uppers is good too. If the pistol is designed to allow for interchangeable barrels < 16", having a barrel on it > 16" doesn't violate the definition of pistol.

                  I really do want to see a pistol with a 24" or 26" barrel.
                  "Ecuador offers the United States $23 million a year in economic aid, an amount similar to what we were receiving under the tariff benefits, with the purpose of providing human rights training that will contribute to avoid violations of people's privacy, that degrade humanity," --Fernando Alvarado

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                  • #10
                    psssniper
                    CGN Contributor
                    • Oct 2005
                    • 3060

                    What if someone machined their own pistol lower and it's not "registered" as a pistol? What if there are no markings of any kind on the pistol lower?
                    "I do not love the bright sword for its sharpness, nor the arrow for its swiftness; I love only that which they defend.
                    victus exaro somniculosus, somnus exaro ieiunium

                    Comment

                    • #11
                      Cokebottle
                      Señor Member
                      CGN Contributor - Lifetime
                      • Oct 2009
                      • 32373

                      Originally posted by psssniper
                      What if someone machined their own pistol lower and it's not "registered" as a pistol? What if there are no markings of any kind on the pistol lower?
                      As long as it has never been configured with a buttstock, and when the firearm (the lower) is FIRST assembled to become functional, it is a single shot with a barrel over 6", it is good to go.

                      Home built handguns do not have to be registered unless they are later sold.
                      - Rich

                      Originally posted by dantodd
                      A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

                      Comment

                      • #12
                        aplinker
                        I need a LIFE!!
                        • Feb 2007
                        • 16762

                        Originally posted by rabagley
                        Actually, >16" uppers is good too. If the pistol is designed to allow for interchangeable barrels < 16", having a barrel on it > 16" doesn't violate the definition of pistol.

                        I really do want to see a pistol with a 24" or 26" barrel.
                        Sure, but there's no restriction on owning >16" barreled uppers, whether or not you own a pistol lower. To have included that wouldn't have made sense in the context of my reply.

                        Google Map of OLL Dealers

                        List of CA-friendly Manufacturers, Dealers, Middlemen, and Magazine rebuild kit dealers
                        Click me-->So you're a n00b and you want to build an AR? <--Click me
                        This post is based on actual events. Some facts may be altered for dramatic purposes. All posts are pure opinion. All persons, living and dead, are purely coincidental, and should not be construed.

                        Comment

                        • #13
                          ke6guj
                          Moderator
                          CGN Contributor - Lifetime
                          • Nov 2003
                          • 23725

                          Originally posted by aplinker
                          One pistol lower with a couple <16" barreled uppers is cool.
                          I think it's when you get to so many it's really indefensible that you could potentially have issues. How many is that? But I wouldn't press it beyond a few.
                          but you should have at least one >16" barreled uppper for each rifle lower you have. You don't want to have less rifle uppers than you have rifle lowers. If you don't, then you lose the "rule of lenity".
                          Jack



                          Do you want an AOW or C&R SBS/SBR in CA?

                          No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                          Comment

                          • #14
                            rabagley
                            Calguns Addict
                            • Apr 2008
                            • 7180

                            Originally posted by psssniper
                            What if someone machined their own pistol lower and it's not "registered" as a pistol? What if there are no markings of any kind on the pistol lower?
                            It may be technically legal to have an unregistered pistol that you manufactured, but uneducated LEO's are going to get very excitable about it if they have any reason to look at the gun, and you may not enjoy the time spent while various "experts" determine that you and your gun are okay.

                            An AR with no markings in a pistol configuration (short barrel) is just asking for LEO attention at the range.

                            Far, far safer to manufacture your pistol, put markings on it (maker, place of manufacture, serial number), volreg it with CA DOJ, and take it out with confidence. You may still get excitable uneducated LEO's, but two things are very different. (1) He will see the markings and (2) when he checks them through the firearms database, your name will come up as the registered owner of the gun.

                            You also may not enjoy the time spent in the second scenario, but I promise that that's about the shortest amount of time you'll be able to spend with an excitable, uneducated LEO.
                            "Ecuador offers the United States $23 million a year in economic aid, an amount similar to what we were receiving under the tariff benefits, with the purpose of providing human rights training that will contribute to avoid violations of people's privacy, that degrade humanity," --Fernando Alvarado

                            Comment

                            • #15
                              rabagley
                              Calguns Addict
                              • Apr 2008
                              • 7180

                              Originally posted by aplinker
                              Sure, but there's no restriction on owning >16" barreled uppers, whether or not you own a pistol lower. To have included that wouldn't have made sense in the context of my reply.
                              True, and I didn't mean to indicate that I was contradicting you, just pointing out something that makes me chuckle.
                              "Ecuador offers the United States $23 million a year in economic aid, an amount similar to what we were receiving under the tariff benefits, with the purpose of providing human rights training that will contribute to avoid violations of people's privacy, that degrade humanity," --Fernando Alvarado

                              Comment

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