Is this AR10 Upper Illegal??

[Mendo223]

Its a "12.5" Leonidas 7.62mm stainless barrel, 1 in 10" twist --7.62 Noveske Match Mod 1 chamber --Flat-top upper receiver --10" railed handguard --Proprietary length gas system --Extended feed ramps --5/8x24 threads --Bead blasted finish --.750" gas block seat --KX3 Flash Suppressor --Bolt and carrier group --Charging handle --Optional BUIS (Troy Back Up Iron Sights) This upper only fits the Noveske N6 or Armalite AR-10 lowers."


he says he ships to cali....

[badicedog]

A couple of things first...
1. upper has a barrel shorter then 16". Unless you are planning to mate this to a registered AR-10 pistol lower...We have a problem.

2. You can pin/weld a barrel extension to bring up the bbl lenght to 16" and use a Noveske N6 lower and you're GTG (provided you californicate it w/ 10rd mag and bullet button).

[fonionrings]

I was just wondering to myself..

I've never seen an AR-10/308 pistol.

[Noobert]

I see a NFA violation? unless pistol of course

[CHS]

A 12.5" barrel + Pig will NOT bring the barrel up to the legal 16" even if the pig is welded in place.

Your only option is a pistol build. That right there is an SBR upper otherwise.

[Q]

I was just wondering to myself..

I've never seen an AR-10/308 pistol.

here you go.

http://www.calguns.net/calgunforum/showthread.php?t=274650

[Hunter4life1990]

A couple of things first...
1. upper has a barrel shorter then 16". Unless you are planning to mate this to a registered AR-10 pistol lower...We have a problem.

2. You can pin/weld a barrel extension to bring up the bbl lenght to 16" and use a Noveske N6 lower and you're GTG (provided you californicate it w/ 10rd mag and bullet button).

nothing in the law says that the extension must be permanent IIRC

[PolishMike]

nothing in the law says that the extension must be permanent IIRC

WRONG!

To get a barrel to 16" the modification HAS TO BE PERMANENT.

For OAL, the mods do not have to be perm.

[DirtRacer151]

nothing in the law says that the extension must be permanent IIRC

That rule only applies to the OAL of the gun itself. The barrel must have a permanent extension.

[ke6guj]

nothing in the law says that the extension must be permanent IIRC

must be permanently attached to be considered part of the barrel for measurement purposes.

2.1.3 Rifle. A rifle is a firearm designed to be fired from the shoulder and designed to use the energy of
an explosive in a fixed cartridge to fire only a single projectile through a rifled barrel for each single pull
of the trigger. A rifle subject to the NFA has a barrel or barrels of less than 16 inches in length.

The ATF procedure for measuring barrel length is to measure from the closed bolt (or breech-face) to
the furthermost end of the barrel or permanently attached muzzle device.

[five.five-six]

Is this AR10 Upper Illegal??

only if you put it on a lower.. with constructive posession, if you have a lower that fits it, it had better be a pistol wether it is attached or not

[Mendo223]

ok what about this...

lets say i get my ar10 308 with a 20" barrel...

could i "maybe" purchase the 12.5 upper anyways and keep it SEPERATE from the rifle....then if i happen to cross state lines, i could swap the 12.5 on to satisfy my craving for an SBR in 308??

only if you put it on a lower.. with constructive posession, if you have a lower that fits it, it had better be a pistol wether it is attached or not

something interesting came up recently in a discussion with my father. he has been saving up money for a property in the lake tahoe area. he wants to get north shore..i told him to buy in NV because its cheaper. if i convince him (with enough of my own capitol) i might be owning property in NV soon. So i want to plan ahead in case i actually experiance life in a FREE STATE.

yes if i owned the 12.5 i would NOT attach it in california

[KING_PALM]

ok what about this...

lets say i get my ar10 308 with a 20" barrel...

could i "maybe" purchase the 12.5 upper anyways and keep it SEPERATE from the rifle....then if i happen to cross state lines, i could swap the 12.5 on to satisfy my craving for an SBR in 308??



something interesting came up recently in a discussion with my father. he has been saving up money for a property in the lake tahoe area. he wants to get north shore..i told him to buy in NV because its cheaper. if i convince him (with enough of my own capitol) i might be owning property in NV soon. So i want to plan ahead in case i actually experiance life in a FREE STATE.

yes if i owned the 12.5 i would NOT attach it in california

you can if you pay the SBR tax to the atf ( correct me if i am wrong )

[ke6guj]

ok what about this...

lets say i get my ar10 308 with a 20" barrel...

could i "maybe" purchase the 12.5 upper anyways and keep it SEPERATE from the rifle....then if i happen to cross state lines, i could swap the 12.5 on to satisfy my craving for an SBR in 308??

with the rifle lower that you do have, if you don't have a pistol lower, you'd have constructive possession of an SBR per both state and federal law. To be legal, SEPARATE needs to be very separate, as in, not in your control at all. Stored at a friend's house where you can pick it up is debatable if that is good enogh.

And don't think you can just pick up the upper with you as you go out of state with the lower, and then assemble it as an a SBR without violating state law.

And you'd still be violating federal law when you assemble it, since you most likely would not have an approved SBR tax stamp, due to your being a CA resident.

[tenpercentfirearms]

ok what about this...

lets say i get my ar10 308 with a 20" barrel...

could i "maybe" purchase the 12.5 upper anyways and keep it SEPERATE from the rifle....then if i happen to cross state lines, i could swap the 12.5 on to satisfy my craving for an SBR in 308??

You are talking federal law. The feds will not allow you to create a Short Barreled Rifle (SBR) without the proper tax stamp. Take it to Nevada and go to prison. Have it in your possession along with a complete rifle lower and no pistol lower and you are a felon in any state. This is not a California thing.

Either build an AR10 pistol or forget about it.