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  • Sillyguy
    CGN/CGSSA Contributor
    CGN Contributor
    • Nov 2009
    • 1300

    Legal length?

    Hi all

    i have a dedicated Spikes 22lr upper at 13.5"

    i have my regular ar lower w/bullet button, collapsable stock, etc. the lower is registered as a rifle lower.

    is it legal for me to put the upper on my lower? Can i disable the bullet button?
    For Sale: Sig P226 Holsters, Magpul & Misc Parts


    Need photography work? Let me know!
  • #2
    Lurch762
    Senior Member
    • Sep 2008
    • 962

    The barrel is 13.5" long? If so, your configuration would fail right at the beginning of the rifle identification flowchart as a SBR.

    Comment

    • #3
      chillincody
      Veteran Member
      • Aug 2011
      • 2675

      http://calnra.com/cgi-bin/flowchart....=Try+Again&qq= follow the flow chart
      and if its a dedicated 22 no bb is required rimfires are ecempt from aw laws

      if you pin a muzzle device on it to make it 16 inch barrel then you should be GTG
      Laws that forbid the carrying of arms... disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man. Jefferson's "Commonplace Book," 1774_1776, quoting from On Crimes and Punishment, by criminologist Cesare Beccaria, 1764

      Comment

      • #4
        Quiet
        retired Goon
        • Mar 2007
        • 30242

        Originally posted by Sillyguy
        Hi all

        i have a dedicated Spikes 22lr upper at 13.5"

        i have my regular ar lower w/bullet button, collapsable stock, etc. the lower is registered as a rifle lower.

        is it legal for me to put the upper on my lower? Can i disable the bullet button?
        No, it is not legal to attach that 13.5" barreled upper to your rifle lower. [PC 17170(c)]
        It is also not legal to possess that 13.5" barreled upper and a rifle or a receiver with a shoulder stock that can use that upper. [PC 17170(e)]

        Doing so, would be making a SBR.
        Unless you have approval from CA DOJ BOF and the BATFE, it is both a Federal & CA felony to make/possess an unregistered SBR.

        In order to legally, attach that upper or even possess it. You must permanently attach a muzzle device to the 13.5" barrel so that the barrel length is 16" or greater.



        After the barrel length is permanently increased to 16" or greater, you can legally attach it to your rifle lower. You can then legally remove the maglock.

        If you remove the rimfire upper, you will need to re-install the maglock.



        Penal Code 17170
        As used in Sections 16530 and 16640, Sections 17720 to 17730, inclusive, Section 17740, Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4, and Article 1 (commencing with Section 33210) of Chapter 8 of Division 10 of Title 4, "short-barreled rifle" means any of the following:
        (a) A rifle having a barrel or barrels of less than 16 inches in length.
        (b) A rifle with an overall length of less than 26 inches.
        (c) Any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length.
        (d) Any device that may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subdivisions (a) to (c), inclusive.
        (e) Any part, or combination of parts, designed and intended to convert a device into a device defined in subdivisions (a) to (c), inclusive, or any combination of parts from which a device defined in subdivisions (a) to (c), inclusive, may be readily assembled if those parts are in the possession or under the control of the same person.
        Last edited by Quiet; 01-26-2013, 4:55 AM.
        sigpic

        "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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        • #5
          Sillyguy
          CGN/CGSSA Contributor
          CGN Contributor
          • Nov 2009
          • 1300

          Thanks all for the great advice.

          Would I be able to attach this upper to my AR pistol lower legally?
          For Sale: Sig P226 Holsters, Magpul & Misc Parts


          Need photography work? Let me know!

          Comment

          • #6
            Quiet
            retired Goon
            • Mar 2007
            • 30242

            Originally posted by Sillyguy
            Thanks all for the great advice.

            Would I be able to attach this upper to my AR pistol lower legally?
            Yes.
            Owning an AR pistol lower changes things.
            It allows you to legally possess a less than 16" barrel upper, even if you have rifle lowers.

            However, per CA laws and while in CA, an AR pistol must have a maglock at all times.
            sigpic

            "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

            Comment

            • #7
              Sillyguy
              CGN/CGSSA Contributor
              CGN Contributor
              • Nov 2009
              • 1300

              Originally posted by Quiet
              Yes.
              Owning an AR pistol lower changes things.
              It allows you to legally possess a less than 16" barrel upper, even if you have rifle lowers.

              However, per CA laws and while in CA, an AR pistol must have a maglock at all times.
              thanks for this clarification
              For Sale: Sig P226 Holsters, Magpul & Misc Parts


              Need photography work? Let me know!

              Comment

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

                Originally posted by Sillyguy
                Hi all

                i have a dedicated Spikes 22lr upper at 13.5"
                are you sure that the actual length of that barrel from the breach face to the end of the barrel, including any permanently attached muzzle attachments?

                If you are just measuring the barrel sticking out of the upper receiver, you are measuing it wrong. A .22lr barrel sticks inside the upper about 2" more than a 5.56 barrel will, so it will look "short" and still be a legal 16" barrel.
                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
                  NorCalDustin
                  Senior Member
                  • Apr 2010
                  • 1463

                  Originally posted by ke6guj
                  are you sure that the actual length of that barrel from the breach face to the end of the barrel, including any permanently attached muzzle attachments?

                  If you are just measuring the barrel sticking out of the upper receiver, you are measuing it wrong. A .22lr barrel sticks inside the upper about 2" more than a 5.56 barrel will, so it will look "short" and still be a legal 16" barrel.
                  Yeah... That.
                  Originally posted by BannedinBritain
                  The only dumb question is the one you don't ask...and get arrested for later.

                  Comment

                  • #10
                    Sillyguy
                    CGN/CGSSA Contributor
                    CGN Contributor
                    • Nov 2009
                    • 1300

                    well, there's no way this thing is a legal 16" barrel. the entire upper isn't 16"!
                    For Sale: Sig P226 Holsters, Magpul & Misc Parts


                    Need photography work? Let me know!

                    Comment

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