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Detachable mags + Evil features w/ No FCG = AW?

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  • SunriseF150
    Senior Member
    • Oct 2006
    • 1791

    Detachable mags + Evil features w/ No FCG = AW?

    Ok I posted this in the Henderson Defense "Any interest in Dragunov/PSL rifles?" thread. Regarding shipping one of them with the thumbhole stock on, with no mag lock, but with the fire control group remove.

    My post
    Originally posted by SunriseF150
    I would think that shipping them with the FCG removed would make it ok to ship the rifle with the stocks still on and w/ no mag lock installed. That way the buyer can decide what mag lock or what to do to the stock to make it legal. I like the jumbopanda mag lock as it can be reversed without having any permanent modification done to the rifle.
    A reply to my quote

    Originally posted by oaklander
    I don't think that's correct. The receiver is generally the firearm, regardless of whether it has a FCG or other parts installed or not. Adding any evil part to an AK receiver that does not have a mag lock is therefore illegal.

    Just my 2 cents. . .






    But by PC12276.1, how is it considered a semiautomatic rifle if there is no FCG? So what do you guys think? Is it legal to have an off list rifle with evil features and detachable mags and no FCG in it?
    sigpic
  • #2
    Hopi
    Calguns Addict
    • Oct 2005
    • 7700

    I would submit that the operating system determining whether it is semi or not is contained within the receiver and with an installed and functioning gas system you would indeed be subject to AW laws, trigger or not.

    Just my $.02

    Comment

    • #3
      SunriseF150
      Senior Member
      • Oct 2006
      • 1791

      Ok so lets say we take out the bolt too.
      sigpic

      Comment

      • #4
        yellowfin
        Calguns Addict
        • Nov 2007
        • 8371

        Put a bullet button in it and be good to go.
        "You can't stop insane people from doing insane things with insane laws. That's insane!" -- Penn Jillette
        Originally posted by indiandave
        In Pennsylvania Your permit to carry concealed is called a License to carry fire arms. Other states call it a CCW. In New Jersey it's called a crime.
        Discretionary Issue is the new Separate but Equal.

        Comment

        • #5
          bwiese
          I need a LIFE!!
          • Oct 2005
          • 27621

          Sunrise,

          Please don't encourage dangerous non-legal behavior. Too cheap to buy a BB?

          You have a fair chance of having such a rifle being regarded as a "malfunctioning" evil AW, instead of one clearly configured into a non-AW configuration.

          Hell, I know of no sane FFL that would accept one. In fact if, I were an FFL and someone asked me to receive one, I would assume the prospective 'customer' might be an LE agent/entrapper.

          This already has happened in LA, we don't have all the details - a dude had a non-FN FAL clone (Imbel or whatever). Somehow he knew he was gonna get popped so he just took out the bolt/carrier assy, leaving the rest of the rifle intact. He was convicted. Now, there was apparently other 'color' in the case and he may not have had gun-aware lawyers, but that's a game you don't wanna play regardless.

          In short: "Broken gun does not equal non-AW" when not involving 12276.1PC features. Clear measures must be taken to differentiate an off-list rifle from an AW - no PG/no features, or use a maglock w/fixed 10rd magazine.
          Last edited by bwiese; 10-24-2008, 1:29 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

          • #6
            SunriseF150
            Senior Member
            • Oct 2006
            • 1791

            I wasn't stating I was going to do this. I was just asking if it was ok. I personally would just go the extra step and put a BB on it and call it good. But I was just thinking that if it doesn't fire then how can it be considered semi auto? Thats similar to removing the gas piston from an ak and calling it a bolt action right?
            sigpic

            Comment

            • #7
              PIRATE14
              Veteran Member
              • Dec 2005
              • 3189

              Originally posted by bwiese
              In short: "Broken gun does not equal non-AW" when not involving 12276.1PC features. Clear measures must be taken to differentiate an off-list rifle from an AW - no PG/no features, or use a maglock w/fixed 10rd magazine.
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              • #8
                bwiese
                I need a LIFE!!
                • Oct 2005
                • 27621

                Originally posted by SunriseF150
                But I was just thinking that if it doesn't fire then how can it be considered semi auto? Thats similar to removing the gas piston from an ak and calling it a bolt action right?
                That is separate/different issue: you've transitioned a semiauto rifle into a manually-cycled one. Also, (depending on AK variant) the gas port might be plugged somehow - unless there's a switchable G/L gas plug)

                That's a much bigger difference than that of a non-working rifle having no provisions made to operate outside its AW configuration.

                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

                • #9
                  Paratus et Vigilans
                  In Memoriam
                  • Nov 2006
                  • 1510

                  Originally posted by bwiese
                  In short: "Broken gun does not equal non-AW" when not involving 12276.1PC features. Clear measures must be taken to differentiate an off-list rifle from an AW - no PG/no features, or use a maglock w/fixed 10rd magazine.
                  +1 Gotta go with Bill on this one. I wouldn't want to try to argue that a "broken AW" is NOT an AW.

                  Plus, why tempt fate?? My grandmother used to say that "Cleanliness is next to Godliness, and soap is cheap." So are BB's.
                  sigpic
                  Paratus et Vigilans

                  Prepared and On Guard
                  "A government big enough to give you everything you want is big enough to take from you all you have." - Gerald R. Ford

                  Comment

                  • #10
                    savageevo
                    Senior Member
                    • Oct 2006
                    • 1220

                    OP, take Bwiese advice. Or Simply ask them to send you the rifle stock and send the reciever to the ffl then you can fill in the hole so there will not be a pistol grip. You should already know this.

                    Comment

                    • #11
                      MILLITIAof1
                      Veteran Member
                      • Feb 2008
                      • 3601

                      I'll buy you the bb if you let me shoot it a couple of times.

                      Comment

                      • #12
                        EBR Works
                        Vendor/Retailer
                        • Dec 2007
                        • 10484

                        What if the mag catch assembly on a PSL is removed by drilling out the rivet prior to shipment? Since there is no way for the mag to be locked into the rifle other than by holding it in place with your hand, would the rifle still be considered configured as an AW with the thumbhole stock still in place? The dealer from whom I purchased it offered to do this but I told them no. I ended up sending a jumbopanda lock to them to ship the rifle in a compliant configuration. Thanks.
                        Last edited by EBR Works; 10-24-2008, 4:04 PM.


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                        www.ebrworks.com

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                        • #13
                          Paratus et Vigilans
                          In Memoriam
                          • Nov 2006
                          • 1510

                          Originally posted by impactco
                          What if the mag catch assembly on a PSL is removed by drilling out the rivet prior to shipment? Since there is no way for the mag to be locked into the rifle other than by holding it in place with your hand, would the rifle still be considered configured as an AW with the thumbhole stock still in place? The dealer from whom I purchased it offered to do this but I told them no. I ended up sending a jumbopanda lock to them to ship the rifle in a compliant configuration. Thanks.

                          Holding the mag in place with your hand means it is still "detachable" without the need for a tool, which makes it an AW . . . of course, IMHO.
                          sigpic
                          Paratus et Vigilans

                          Prepared and On Guard
                          "A government big enough to give you everything you want is big enough to take from you all you have." - Gerald R. Ford

                          Comment

                          • #14
                            EBR Works
                            Vendor/Retailer
                            • Dec 2007
                            • 10484

                            Originally posted by Paratus et Vigilans
                            Holding the mag in place with your hand means it is still "detachable" without the need for a tool, which makes it an AW . . . of course, IMHO.
                            How can you detach something that is not attached?


                            Check out our e-commerce site here:

                            www.ebrworks.com

                            Serving you from Prescott, AZ

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                            • #15
                              ohsmily
                              Calguns Addict
                              • Apr 2005
                              • 8934

                              Originally posted by impactco
                              What if the mag catch assembly on a PSL is removed by drilling out the rivet prior to shipment? Since there is no way for the mag to be locked into the rifle other than by holding it in place with your hand, would the rifle still be considered configured as an AW with the thumbhole stock still in place? The dealer from whom I purchased it offered to do this but I told them no. I ended up sending a jumbopanda lock to them to ship the rifle in a compliant configuration. Thanks.
                              It can still be removed without a tool then. No magazine catch still makes for a detachable magazine in that it can be removed from the gun without the use of a tool.

                              Originally posted by impactco
                              How can you detach something that is not attached?
                              You need to read the definition of detachable. To paraphrase a portion of it, a magazine is detachable if it can be removed from the gun without the use of a tool or disassembly of the firearm. If you can insert it and then remove it without the use of a tool = detachable under the law.
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