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  • cpatbay
    Senior Member
    • May 2011
    • 1631

    Making Rifle CA legal

    If I buy a rifle from an out of state source, what's the best way to get the rifle CA legal? Does it have to be modified to be legal before entering CA or can it be modified after it arrives in CA?
    NRA Lifer

    No free man shall ever be debarred the use of arms. The strongest reason
    for the people to retain the right to keep and bear arms is, as a last resort,
    to protect themselves against tyranny in government - Thomas Jefferson


  • #2
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    it is illegal to import an Assault Weapon into CA so it needs to be californicated BEFORE it comes into the state.
    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

    • #3
      r6raff
      Senior Member
      • Aug 2010
      • 508

      There are stickies to answer all these questions. But the short answer is yes, you need to do a few things

      1. your lower must be OFF List. See the list of banned lowers for reference

      2. (if featured) if you have any evil features ie PistolGrip, collapsible stock, VFG, Flash Hider then you need a bullet button, this effective locks the magazine in place and requires a tool to remove it.

      3. (if featured) you need to use a maximum capacity of 10round magazines, not 30 not 11.

      4. (if not feature) if you do not have a pistol grip or thumb hole stock or any other "evil" features then you do NOT need a bullet button and can use standard highcap magazines, assuming you had them in the state prior to the ban, which assuming you are now moving to CA, you dont have any legal HighCap mags. Also don't bring them in to state, that is importation and illegal, break them down into parts so it is not a functional highcap mag.

      Note*** only 1 "evil feature" is needed on the rifle to require a bullet button. Its all or nothing when it comes to featureless.

      as the other posted noted, do these BEFORE entering CA, or you can be in a world of hurt.
      Hmm...

      Comment

      • #4
        cpatbay
        Senior Member
        • May 2011
        • 1631

        Great. Thanks for the advise.
        NRA Lifer

        No free man shall ever be debarred the use of arms. The strongest reason
        for the people to retain the right to keep and bear arms is, as a last resort,
        to protect themselves against tyranny in government - Thomas Jefferson


        Comment

        • #5
          r6raff
          Senior Member
          • Aug 2010
          • 508

          I forgot the most important piece of advice...








































          Stay out of CA and enjoy your FREE state AR!!!!!!!! Run... Run, while you still can!!!!!
          Hmm...

          Comment

          • #6
            morrcarr67
            I need a LIFE!!
            • Jul 2010
            • 14943

            I thought one of the things CA 07 FFL's could do was make AR/AK style rifles CA compliant by installing a BB?
            Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

            Originally posted by Erion929

            Comment

            • #7
              dieselpower
              Banned
              • Jan 2009
              • 11471

              Originally posted by morrcarr67
              I thought one of the things CA 07 FFL's could do was make AR/AK style rifles CA compliant by installing a BB?
              I thought so too...

              Comment

              • #8
                ke6guj
                Moderator
                CGN Contributor - Lifetime
                • Nov 2003
                • 23725

                Originally posted by morrcarr67
                I thought one of the things CA 07 FFL's could do was make AR/AK style rifles CA compliant by installing a BB?
                Originally posted by dieselpower
                I thought so too...
                No, an 07FFL cannot import AWs to be converted into non-AWs.

                However, an FFL with a CADOJ AW permit could, but finding an AW permittee willing to do it for you is hard and will probably cost you $$$, whereas you could have it done out of state for $$.
                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

                • #9
                  morrcarr67
                  I need a LIFE!!
                  • Jul 2010
                  • 14943

                  Originally posted by ke6guj
                  No, an 07FFL cannot import AWs to be converted into non-AWs.

                  However, an FFL with a CADOJ AW permit could, but finding an AW permittee willing to do it for you is hard and will probably cost you $$$, whereas you could have it done out of state for $$.
                  OH! I got ya. Well that sucks.
                  Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

                  Originally posted by Erion929

                  Comment

                  • #10
                    r6raff
                    Senior Member
                    • Aug 2010
                    • 508

                    Originally posted by cpatbay
                    If I buy a rifle from an out of state source, what's the best way to get the rifle CA legal? Does it have to be modified to be legal before entering CA or can it be modified after it arrives in CA?
                    So apparently my brain is also on vacation today also, I read your post as "if I brought" I thought you were comming in from out of state... im a total idiot... time to implement that Coffee I.V. I have been considering....
                    Hmm...

                    Comment

                    • #11
                      bwiese
                      I need a LIFE!!
                      • Oct 2005
                      • 27621

                      Originally posted by morrcarr67
                      I thought one of the things CA 07 FFL's could do was make AR/AK style rifles CA compliant by installing a BB?
                      Wrong. 07 or not is irrelevant - they do not have a separate special CA DOJ AW permit, which is hard to get and costly.

                      A CA FFL (regardless of 07 status) without a DOJ AW permit cannot accept AWs in CA. Guns he gets need to be rendered CA legal before crossing the border.

                      Due to the lack of constructive possession of AWs, however, the guns can be split up into upper & lower (or barreled action separated from all evel features - depends on architecture) by the shipper. [I recommend these two sections are shipped in separate boxes to avoid any prospective drama should the package be misrouted/misdirected, etc.] The CA FFL can then install a BulletButton first, and then reattach the upper or evil features such that the entity transitions straight from legal components into a CA-legal firearm without transitioning - even for a moment - thru CA AW status.


                      [ATTN NOOBS/YOUNG GUYS: Note that I said above, "lack of constructive possession for AWs." My statement is LIMITED
                      to AWs only; there is indeed constructive possession in CALIFORNIA law (on top of Fedlaw) for SBRs, SBSes, MGs.... I
                      frequently hear noobs pipe up that "there's no constructive possession in CA", and that's just wrong and is a mental error
                      that can get you in a lot of trouble. Words mean something, and reading is fundamental.]

                      Last edited by bwiese; 05-30-2011, 12:59 PM.

                      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

                      • #12
                        morrcarr67
                        I need a LIFE!!
                        • Jul 2010
                        • 14943

                        Originally posted by bwiese
                        Wrong. 07 or not is irrelevant - they do not have a separate special CA DOJ AW permit, which is hard to get and costly.

                        A CA FFL (regardless of 07 status) without a DOJ AW permit cannot accept AWs in CA. Guns he gets need to be rendered CA legal before crossing the border.

                        Due to the lack of constructive possession of AWs, however, the guns can be split up into upper & lower (or barreled action separated from all evel features - depends on architecture) by the shipper. [I recommend these two sections are shipped in separate boxes to avoid any prospective drama should the package be misrouted/misdirected, etc.] The CA FFL can then install a BulletButton first, and then reattach the upper or evil features such that the entity transitions straight from legal components into a CA-legal firearm without transitioning - even for a moment - thru CA AW status.


                        [ATTN NOOBS/YOUNG GUYS: Note that I said above, "lack of constructive possession for AWs." My statement is LIMITED
                        to AWs only; there is indeed constructive possession in CALIFORNIA law (on top of Fedlaw) for SBRs, SBSes, MGs.... I
                        frequently hear noobs pipe up that "there's no constructive possession in CA", and that's just wrong and is a mental error
                        that can get you in a lot of trouble. Words mean something, and reading is fundamental.]

                        OK, let me get this straight. I can order a XYZ AR style complete rifle that is built on a OLL from out of state.

                        And, have the seller send me the upper and ship the lower to my favorite 07 FFL and he could install the BB and DROS is to me.

                        Once I have it home I could attach the upper and everything is all good.
                        Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

                        Originally posted by Erion929

                        Comment

                        • #13
                          bwiese
                          I need a LIFE!!
                          • Oct 2005
                          • 27621

                          Originally posted by morrcarr67
                          OK, let me get this straight. I can order a XYZ AR style complete rifle that is built on a OLL from out of state.

                          And, have the seller send me the upper and ship the lower to my favorite 07 FFL and he could install the BB and DROS is to me.

                          Once I have it home I could attach the upper and everything is all good.

                          Sure, that works.

                          BUT MAKE SURE THE SELLER DOESN'T GET DUMB AND SHIP THE WHOLE UNMODIFIED RIFLE.

                          Busy shops do forget instructions.
                          I'd send the instructions in writing.

                          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

                          • #14
                            tonelar
                            Dinosaur
                            • Mar 2008
                            • 6080

                            They can't send both halves to the ffl?

                            I though if they separated the upper from the lower it could arrive at a non AW ffl...
                            Last edited by tonelar; 05-30-2011, 1:52 PM.
                            sigpic

                            Comment

                            • #15
                              Librarian
                              Admin and Poltergeist
                              CGN Contributor - Lifetime
                              • Oct 2005
                              • 44627

                              Originally posted by tonelar
                              They can't send both halves to the ffl?
                              Shouldn't.

                              With no upper, it is possible to argue the lower isn't a 'centerfire rifle'; that's hyper-technical, but it's possible to mount a bolt-action upper or a .22 conversion upper, so with NO upper the lower is in an indeterminate state.

                              But if someone inadvertently assembles a semi-auto centerfire upper to that lower, before the mag lock is installed, there is a Problem.
                              ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                              Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                              Comment

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