BB and regular mag release button legality

[Rob Roy]

Is it legal to possess a regular mag release button while owning a BB AR? Is it considered "constructive possession"? For example, if there are two uppers owned: .22 to be used with a regular button (rimfire exemption) and a 5.56 upper to be used with a BB.

[The Cable Guy]

Is it legal to possess a regular mag release button while owning a BB AR? Is it considered "constructive possession"? For example, if there are two uppers owned: .22 to be used with a regular button (rimfire exemption) and a 5.56 upper to be used with a BB.

Yes, totally legal. In fact, you can have a complete lower with a regular mag release legally, as long as the centerfire upper is not attached.

I have the same setup you have, BB for the 5.56 and Regular mag release for the .22 I keep the BB or mag release plus a screwdriver bit in my MIAD grip for convenience.

[NiteQwill]

Yes, totally legal. In fact, you can have a complete lower with a regular mag release legally, as long as the centerfire upper is not attached.

I have the same setup you have, BB for the 5.56 and Regular mag release for the .22 I keep the BB or mag release plus a screwdriver bit in my MIAD grip for convenience.

No. If you have any evil features on the lower (pistol grip, collapsable stock, etc.), you cannot have a detachable magazine (or regular mag release). The upper has nothing to do with it (except forward grip placement).

[hoffmang]

Let me be very specific because sadly specificity matters.

You can own a rimfire upper, a lower that isn't listed in any configuration, and any other upper. What you can not do is have the non rimfire upper attached to a lower that creates a detachable magazine rifle with a prohibited feature. Featurless or fixed magazine are your only options for a non rimfire rifle.

-Gene

[CHS]

No. If you have any evil features on the lower (pistol grip, collapsable stock, etc.), you cannot have a detachable magazine (or regular mag release). The upper has nothing to do with it (except forward grip placement).

Please don't spread FUD.

An assembled lower is not a "semi-automatic, centerfire rifle" which is at the core of the definition of an AW in CA.

There is no such thing as constructive posession of an AW in CA. To be an AW in CA it's either on the list, or has features. A lower, by the very definition of the law (plus DOJ clarification), CAN NOT have any AW features since it is not a rifle. It is simply parts. Just so happens to be a part you have to DROS.

[Josh3239]

No. If you have any evil features on the lower (pistol grip, collapsable stock, etc.), you cannot have a detachable magazine (or regular mag release). The upper has nothing to do with it (except forward grip placement).

Most people agree that if a lower doesn't have an upper it cannot be a centerfire, semi automatic rifle.

[Rob Roy]

Let me be very specific because sadly specificity matters.

You can own a rimfire upper, a lower that isn't listed in any configuration, and any other upper. What you can not do is have the non rimfire upper attached to a lower that creates a detachable magazine rifle with a prohibited feature. Featurless or fixed magazine are your only options for a non rimfire rifle.

-Gene

Let me get it straight, what should be the configuration of the lower when both uppers are not attached?

[unusedusername]

No. If you have any evil features on the lower (pistol grip, collapsable stock, etc.), you cannot have a detachable magazine (or regular mag release). The upper has nothing to do with it (except forward grip placement).

I must disagree. From my reading of the law, only centerfire rifles with evil features are not allowed to have detachable mags (barring being registered AWs).

Considering that an AR lower not attached to an upper is incapable of (safely) firing rounds, I would argue that it would be difficult to convince a judge that a disassembled lower counts as a rifle. I can't seem to find anything on google (or ca.gov) either for or against this though....

(I am not a lawyer!)

I would also disagree with the "upper having nothing to do with it" as a upper with a flash-hider attached to it is legal, and a lower with a removable mag and monster man grip is legal, but combine the two and you get an illegal AW.

Let me get it straight, what should be the configuration of the lower when both uppers are not attached?

Your lower can be in any configuration you would like. As far as I know, there is no regulation on the parts attached to a lower receiver assuming the sum of all the parts on the lower do not allow for the firing of bullets.

[CHS]

Let me get it straight, what should be the configuration of the lower when both uppers are not attached?

Whatever you like.

You can even paint it pink.

[hoffmang]

Let me get it straight, what should be the configuration of the lower when both uppers are not attached?

To echo others above - if its not attached to an upper and not on the named ban list, a lower can be in any configuration you want as long as it remains semi-automatic (aka, not FA.)

-Gene

[motorhead]

it's getting close to halloween, when constructive possession walks the earth to feed on the guns of the living.

[ohsmily]

No. If you have any evil features on the lower (pistol grip, collapsable stock, etc.), you cannot have a detachable magazine (or regular mag release). The upper has nothing to do with it (except forward grip placement).

Wow, strike one for you...

Others have already pointed it out, but just for the sake of trying to make you understand......without an upper attached to a complete lower, what caliber is your lower? Is it centerfire? Rimfire? Also, is it semi-automatic? Bolt action?

It is NONE of these. Therefore, it isn't a semi-automatic centerfire rifle.

[ohsmily]

No. If you have any evil features on the lower (pistol grip, collapsable stock, etc.), you cannot have a detachable magazine (or regular mag release). The upper has nothing to do with it (except forward grip placement).

Wow, strike one for you...

Others have already pointed it out, but just for the sake of trying to make you understand......without an upper attached to a complete lower, what caliber is your lower? Is it centerfire? Rimfire? Also, is it semi-automatic? Bolt action?

It is NONE of these. Therefore, it isn't a semi-automatic centerfire rifle.

[aplinker]

I blame Bill Wiese for not updating the AR/AK FAQ

That's why this continues to be perpetuated incorrectly.

[NiteQwill]

Thanks for the clarification