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Using a Combo device on a CA FAL

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  • Leo762
    Member
    • Oct 2005
    • 174

    Using a Combo device on a CA FAL

    Hey! this was an old topic in the old board but i dont remember it being settled.

    Is it legal to use a combination device with a fixed magazine rifle, either a belgian/imbel short combo or an austrian stoll device? i know a flash supressor is legal with a fixed magazine but if the combo device was not specifially designed to launch grenades (like yugo sks) would it be lagal to put one on and have it not be a "destructive device"??

    thanks
  • #2
    Charliegone
    Calguns Addict
    • Oct 2005
    • 6103

    It should be legal. I think with the yugo sks, it was importation issue they had. As for building a rifle with a nade launcher it should be fine, as long as you fix the magazine.


    I will vote for a donkey-sex maniac if he's pro-gun.
    -BWiese

    Comment

    • #3
      bwiese
      I need a LIFE!!
      • Oct 2005
      • 27621

      I'd be careful here. A grenade launcher can bring a rifle into CA assault weapon class:

      12276.1. (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
      (1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and 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.
      ....
      I'd think that a device whose primary function is a GL would be banned. Something that's just a support component and has other purposes would likely not.

      Yugo SKSes were banned from CALIFORNIA due to the GL issue making it an assault weapon in CA. That's why CA-legal SKSes have the mutilated muzzle device or have a bare threaded muzzle

      Some background: it appears the BATF, during the now-expired 1994 Federal AW ban, considered the M16A2 flash hider - common to preban AR15s - to be a (non-M203) grenade launcher. When co's started coming out with lookalike muzzle brakes that had no flash suppression properties but exact dimensions of 'A2 flash hider, they didn't get approved. Subsequent releases of 'A2-style muzzle brakes were dimensionally different enough they couldn't serve in a GL role.


      Bill Wiese
      San Jose

      Bill Wiese
      San Jose, CA

      CGF Board Member / NRA Benefactor Life Member / CRPA life member
      sigpic
      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.

      Comment

      • #4
        Mike Searson
        Member
        • Oct 2005
        • 451

        This law was to keep people from using the boxes of rifle fired grenades you can pick up at Ace Hardware for 10 cents each.

        Comment

        • #5
          Rascal
          Senior Member
          • Oct 2005
          • 1053

          Well, my new to me SAR4800 does have a flashsuppersor/granade launcher, even thought it doesn't have the ring to make it a granade launcher. Am I gonna have to leave it off, or can I put it back on after I fix the mag?
          I know that I am going to have to do the 10 or less foreign parts in order to not have to be in compliance with 922(r), when I put the pistol grip back on.
          Rascal

          "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well armed lamb contesting the vote." B.Franklin

          Comment

          • #6
            Leo762
            Member
            • Oct 2005
            • 174

            Originally posted by bwiese
            I'd be careful here. A grenade launcher can bring a rifle into CA assault weapon class:



            I'd think that a device whose primary function is a GL would be banned. Something that's just a support component and has other purposes would likely not.

            Yugo SKSes were banned from CALIFORNIA due to the GL issue making it an assault weapon in CA. That's why CA-legal SKSes have the mutilated muzzle device or have a bare threaded muzzle

            Some background: it appears the BATF, during the now-expired 1994 Federal AW ban, considered the M16A2 flash hider - common to preban AR15s - to be a (non-M203) grenade launcher. When co's started coming out with lookalike muzzle brakes that had no flash suppression properties but exact dimensions of 'A2 flash hider, they didn't get approved. Subsequent releases of 'A2-style muzzle brakes were dimensionally different enough they couldn't serve in a GL role.


            Bill Wiese
            San Jose
            thanks for all the replys! in the law that you quoted it also lists a flash suppressor - but as long as the mag is fixed its legal, so if its in the same category i think a combo device should be OK, at least i hope so, would be really nice to have a stoll instead of the dsa deal
            Last edited by Leo762; 10-31-2005, 12:54 PM.

            Comment

            • #7
              Mike Searson
              Member
              • Oct 2005
              • 451

              Originally posted by Rascal
              Well, my new to me SAR4800 does have a flashsuppersor/granade launcher, even thought it doesn't have the ring to make it a granade launcher. Am I gonna have to leave it off, or can I put it back on after I fix the mag?
              I know that I am going to have to do the 10 or less foreign parts in order to not have to be in compliance with 922(r), when I put the pistol grip back on.
              I've often been curious about this.

              922r has to do with building an unimportable weapon...in this case a FAL.

              A fixed magazine FAL-like rifle or a Pistolgripless FAL (even the monstrosities with the ugly-*** Planet of the Apes thumbhole stocks...which really make no sense, since apes don't have thumbs) is no longer a FAL. I've often wondered if 922R would be moot on a CAL FAL.

              When I built my caliban compliant rifles...I opted for the US parts so that when I went to NV...I could restore them to proper usage. I'd say lose the Grenade launching Combo device and opt for a more effective US made muzzle device. There is a muzzle brake made in the US that resembles an STG58 and hides 4" of bbl...YHM also makes a Phantom Flash Hider for the FAL now.

              Comment

              • #8
                bu-bye
                Veteran Member
                • Oct 2005
                • 2835

                Originally posted by Mike Searson
                This law was to keep people from using the boxes of rifle fired grenades you can pick up at Ace Hardware for 10 cents each.
                ??? What are they?
                "Calling an illegal alien a "undocumented worker" is like calling the drug dealer hanging around outside your kid's school an "unlicensed pharmacist."

                Comment

                • #9
                  Mike Searson
                  Member
                  • Oct 2005
                  • 451

                  Originally posted by bu-bye
                  ??? What are they?
                  Just a joke, dude.

                  You would think with the way the alpha-squirrels in the legislature act, though that the problem out there is the ability to launch rifle grenades and attach sound suppressors to semiautomatic replicas of military rifles.

                  Comment

                  • #10
                    Rascal
                    Senior Member
                    • Oct 2005
                    • 1053

                    Ted,
                    It is my understanding that they were actually made by Imbel and Springfield imported them. They don't say Imbel, they say Springfield and have Springfields address and signature on the reciever.
                    After the ban Springfield replaced the pistol grip with the thumbhole stock, but after BATF ruled that the thumbhole stock was the same as a postol grip, importation stopped. When they were brought into the country, they were "sporting rifles". The 89 ban made them illegal.
                    As far as we know only around 1000 ever came into the country, in .223.
                    As it sits right now, all evil features were taken of the rifle, so it is in compliance with 922(r), but when I finally get to take it home and put the pistol grip back on, it has to beat the 10 or less foreign parts game, because only a U.S.A. made weapon can have "nonsporting" features.
                    And yes I did figure out how to fix the 10 round magazine.
                    Rascal

                    "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well armed lamb contesting the vote." B.Franklin

                    Comment

                    • #11
                      Rascal
                      Senior Member
                      • Oct 2005
                      • 1053

                      Originally posted by Mike Searson
                      I've often been curious about this.

                      922r has to do with building an unimportable weapon...in this case a FAL.

                      A fixed magazine FAL-like rifle or a Pistolgripless FAL (even the monstrosities with the ugly-*** Planet of the Apes thumbhole stocks...which really make no sense, since apes don't have thumbs) is no longer a FAL. I've often wondered if 922R would be moot on a CAL FAL.

                      When I built my caliban compliant rifles...I opted for the US parts so that when I went to NV...I could restore them to proper usage. I'd say lose the Grenade launching Combo device and opt for a more effective US made muzzle device. There is a muzzle brake made in the US that resembles an STG58 and hides 4" of bbl...YHM also makes a Phantom Flash Hider for the FAL now.
                      Mike,
                      922(r) is still applicable on Cali FALs, as this is a Fedral law. You must still either be in compliance with 922(r) by having no "nonsporting" features or make it a U.S.A. made weapon by having 10 or less foreign parts so that you are no longer under 922(r) ruling, because 922(r) only pertains to Foreign made weapons, and NOT U.S.A. made weapons
                      Rascal

                      "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well armed lamb contesting the vote." B.Franklin

                      Comment

                      • #12
                        Mike Searson
                        Member
                        • Oct 2005
                        • 451

                        Originally posted by Rascal
                        Mike,
                        922(r) is still applicable on Cali FALs, as this is a Fedral law. You must still either be in compliance with 922(r) by having no "nonsporting" features or make it a U.S.A. made weapon by having 10 or less foreign parts so that you are no longer under 922(r) ruling, because 922(r) only pertains to Foreign made weapons, and NOT U.S.A. made weapons
                        Then why is it ok to import an AK type rifle(WASR) with a single stack magazine? However if it is made to accept a double stack magazine it must have the compliant parts.

                        Same with the FAL...fixed magazine or pistolgrip less FAL Clones are not banned from importation. Just detachable magazine versions with Flash suppressors and pistolgrips are.

                        Comment

                        • #13
                          Mike Searson
                          Member
                          • Oct 2005
                          • 451

                          18 U.S.C. sec 922(v)
                          (1) It shall be unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon.
                          (2) Paragraph (1) shall not apply to the possession or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of the enactment of this subsection.
                          (3) Paragraph (1) shall not apply to-
                          (A) any of the firearms, or replicas or duplicates of the firearms, specified in Appendix A to this section, as such firearms were manufactured on October 1, 1993;
                          (B) any firearm that-
                          (i) is manually operated by bolt, pump, lever, or slide action;
                          (ii) has been rendered permanently inoperable; or
                          (iii) is an antique firearm;
                          (C) any semiautomatic rifle that cannot accept a detachable magazine that holds more than 5 rounds of ammunition; or
                          (D) any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable magazine.

                          Comment

                          • #14
                            Rascal
                            Senior Member
                            • Oct 2005
                            • 1053

                            Originally posted by Mike Searson
                            Then why is it ok to import an AK type rifle(WASR) with a single stack magazine? However if it is made to accept a double stack magazine it must have the compliant parts.

                            Same with the FAL...fixed magazine or pistolgrip less FAL Clones are not banned from importation. Just detachable magazine versions with Flash suppressors and pistolgrips are.
                            Because the single stack models only have 10 round mags and BATF deems this as "sporting". The single stack 10 round mags are not military spec and double stack mags are military spec. The 89 Ban has to do with importing/ manufacturing "military type weapons".
                            Rascal

                            "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well armed lamb contesting the vote." B.Franklin

                            Comment

                            • #15
                              Mike Searson
                              Member
                              • Oct 2005
                              • 451

                              Originally posted by Rascal
                              Because the single stack models only have 10 round mags and BATF deems this as "sporting". The single stack 10 round mags are not military spec and double stack mags are military spec. The 89 Ban has to do with importing/ manufacturing "military type weapons".
                              And we are specifically talking about fixed magazine rifles.

                              (A) 18 U.S.C. sec 922(r) - Made it illegal to assemble "nonsporting" firearm banned from import using imported parts. This is usually referred to as "section 922(r )"

                              (B) 18 U.S.C. sec 921(a)(30) - The actual verbiage of what a "nonsporting¡" firearm is and bans it from import. (published in 1989) The exact words are :

                              1. "Military configuration", which consists of: accepting a detachable magazine, having a folding or telescoping stock, having a pistol grip that protrudes conspicuously beneath the stock, ability to accept a bayonet, having a flash suppressor, having a bipod, having a grenade launcher, and having night sights.

                              I don't really have a dog in this fight anymore...however, it might be a good letter to write to BATFE's Special Branch.

                              The way it is written makes it appear that fixed magazine rifles are exempt from 922 and compliance parts.
                              Last edited by Mike Searson; 10-31-2005, 6:42 PM.

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