How to avoid making an AW while changing parts

[ke6guj]

I have to disagree. If I am in the middle of doing something, I can not be charged with violating a law meant for activities of end result.
.

so you think it would be legal to remove a silver soldered FH from the end of a AR with a 14.5" barrel with the intent of permanently attaching a different FH on it? It doesn't matter that at the current moment that you have the FH removed that you have an unregistered SBR because you plan on making it a non-SBR?

[grammaton76]

I have to disagree. If I am in the middle of doing something, I can not be charged with violating a law meant for activities of end result.

I agree its not wise and will need explaining, but its not breaking the law.

You're confusing Federal stance (which has plenty of "as long as you are..." slack with ATF decisions over time) and California's stance and law (which has NONE, only "officer's discretion" - guess you like rolling the dice).

Yes, you can be charged for this. Separate the halves, it's two push pins.

[grammaton76]

so you think it would be legal to remove a silver soldered FH from the end of a AR with a 14.5" barrel with the intent of permanently attaching a different FH on it? It doesn't matter that at the current moment that you have the FH removed that you have an unregistered SBR because you plan on making it a non-SBR?

There's a slight bit of wriggle room from the feds here on the subject of CONSTRUCTIVE possession, as long as you're doing it all in one operation. Constructive possession and possession are different matters. Note that California doesn't HAVE constructive possession, which is why it's perfectly legal to have a built-up lower with a standard mag release and features, as long as you don't have the upper on it.

And anyone seriously doing this wouldn't have the barrel mounted to the rifle at the time. It's just goofy to work on a complete rifle with a mounted barrel like that. Ask Randall if you don't believe me - there isn't a lot of reason to do barrel smithing with the upper on the lower.

Mounted to rifle -> SBR actual-possession
Separated upper -> SBR constructive possession.

Constructive possession is the grounds where the Feds cut a tiny bit of slack. You DON'T get to leave the parts like that - you have all of what you need to fix the situation there BEFORE you start work.

[-hanko]

First, check all the windows and closets to make sure DOJ agents are not watching your every move. Then I suggest you turn off all the lights and take the rifle into the bathroom with you and climb into the tub. Cover yourself with a blanket and work by flashlight. Duct-tape a very long yardstick to the end of the barrel before you remove the stock - wrap at least 4 loops of tape to make sure that sucker does not fall off. That should do it.

What about locking the bathroom door??

-hanko

[ke6guj]

There's a slight bit of wriggle room from the feds here on the subject of CONSTRUCTIVE possession, as long as you're doing it all in one operation. Constructive possession and possession are different matters. Note that California doesn't HAVE constructive possession, which is why it's perfectly legal to have a built-up lower with a standard mag release and features, as long as you don't have the upper on it.

CA does have constructive possession laws for stuff llike SBS, SBR, and MG. They don't have constructive possesion laws for AWs and 50BMG rifles.

And anyone seriously doing this wouldn't have the barrel mounted to the rifle at the time. It's just goofy to work on a complete rifle with a mounted barrel like that. Ask Randall if you don't believe me - there isn't a lot of reason to do barrel smithing with the upper on the lower.

Mounted to rifle -> SBR actual-possession
Separated upper -> SBR constructive possession.

not saying it would be a smart idea to work on the barrel while it is mounted to the rifle, but with regards to his "I'm in the middle of a project, so even if it would be illegal if I left it like this, its OK because I swear I am finishing it up so that it will be legal" arguement is a dangerous argument.

Constructive possession is the grounds where the Feds cut a tiny bit of slack. You DON'T get to leave the parts like that - you have all of what you need to fix the situation there BEFORE you start work.

yes, constructive possession is not always black and white, there is grey area in there.

[bigbob76]

Come on guys try decaf for a while. Some of us are thinking way too hard.

[grammaton76]

CA does have constructive possession laws for stuff llike SBS, SBR, and MG. They don't have constructive possesion laws for AWs and 50BMG rifles.

True. However, CA's CP cares only about the things which the feds care about for the most part, so for the most part you can safely ignore it if you're not messing with something the feds care about.

[pwhitbeck]

Here's a related question if that's ok... If I keep the upper and lower separated while in CA can I have a standard mag release on the lower? Does the pistol grip have to be off? I shoot out of state a lot and it's a pain to change out the mag release on a SCAR. Thanks.

[SJgunguy24]

An illegal AW doesn't cease to be an illegal AW just because you cable lock it.

A cable lock disables the ability to fire. It will not work and that is defensible to any LEA and DA. They can try to charge you but how will that stick?

If you don't believe me ask Jason Davis.

[SJgunguy24]

Here's a related question if that's ok... If I keep the upper and lower separated while in CA can I have a standard mag release on the lower? Does the pistol grip have to be off? I shoot out of state a lot and it's a pain to change out the mag release on a SCAR. Thanks.

Nope, it's not a servicable rifle, it will not work. The second you mate the 2 halves.....AW.

[thedrickel]

You're all going to jail.

[ar15barrels]

First, check all the windows and closets to make sure DOJ agents are not watching your every move. Then I suggest you turn off all the lights and take the rifle into the bathroom with you and climb into the tub. Cover yourself with a blanket and work by flashlight. Duct-tape a very long yardstick to the end of the barrel before you remove the stock - wrap at least 4 loops of tape to make sure that sucker does not fall off. That should do it.

I built a special lead-lined room for this type of work because it gets hot under that blanket when I am laying in the tub.
It's also important to kee your tinfoil hat properly grounded.
I recommend a ground lead down each leg attaching to grounding pads on each shoe.
Be sure to always have one foot firmly planted on the ground when you walk.

[ar15barrels]

And anyone seriously doing this wouldn't have the barrel mounted to the rifle at the time. It's just goofy to work on a complete rifle with a mounted barrel like that. Ask Randall if you don't believe me - there isn't a lot of reason to do barrel smithing with the upper on the lower.

I don't do any barrel work with the upper on the lower.
I have upper reciever vise blocks that make a much more stable way to hold an upper for removal and installation of barrels.
When a barrel is getting cut down and permanent attached to be over 16", the first thing I do is remove the barrel from the upper reciever.
Then I cut it to length, thread the muzzle, crown the muzzle, re-assemble the upper and pin the muzzle device.

I have a pistol lower to get me around federal constructive possession of an SBR during the process, though the feds don't really bother gunsmiths about this kind of stuff.

[ar15barrels]

You're all going to jail.

I missed you at BJ's...