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Lower receiver without maglock question

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  • Yerman
    Senior Member
    • Aug 2011
    • 1396

    Lower receiver without maglock question

    Probably a stupid question but I just want to cover all bases.

    I am building a dedicated .22 lower to match with my CMMG dedicated upper on a Spikes lower receiver I just DROS'd. It has "Caliber - Multi" engraved on it.

    This rifle will accompany me to the range at the same time as my AR-15. I will never move the AR upper over to this lower when in CA. Is there a problem with having an AR-15 and AR-22 with me at the same time if I don't put a bullet button on the AR-22?

    I am pretty sure the answer is as long as I don't put the 5.56 upper on the AR-22 lower I am ok but I just want to make sure.
  • #2
    Chaos47
    Calguns Addict
    • Apr 2010
    • 6615

    This is how the AWB reads:
    30515. (a) Notwithstanding Section 30510, "assault weapon" also
    means any of the following:
    (1) A semiautomatic, centerfire rifle that has the capacity to
    accept a detachable magazine and any one of the following:
    (A) A pistol grip that protrudes conspicuously beneath the action
    of the weapon.
    (B) A thumbhole stock.
    (C) A folding or telescoping stock.
    (D) A grenade launcher or flare launcher.
    (E) A flash suppressor.
    (F) A forward pistol grip.
    (2) A semiautomatic, centerfire rifle that has a fixed magazine
    with the capacity to accept more than 10 rounds.
    (3) A semiautomatic, centerfire rifle that has an overall length
    of less than 30 inches.
    Notice it says semiautomatic centerfire rifle each time.
    Therefore:
    If your rifle is not semiautomatic then it does not need to have a fixed magazine.
    If your rifle is not centerfire then it does not need to have a fixed magazine.

    Comment

    • #3
      Yerman
      Senior Member
      • Aug 2011
      • 1396

      Originally posted by Chaos47
      This is how the AWB reads:


      Notice it says semiautomatic centerfire rifle each time.
      Therefore:
      If your rifle is not semiautomatic then it does not need to have a fixed magazine.
      If your rifle is not centerfire then it does not need to have a fixed magazine.
      Thanks for the reply but my questions is more about having two interchangeable rifles in the same vicinity with the ability to make an illegal AW...not about what makes a rifle an AW. Thanks for the reply though.

      Comment

      • #4
        Chaos47
        Calguns Addict
        • Apr 2010
        • 6615

        There is no constructive possession in the CA AWB.

        Comment

        • #5
          Yerman
          Senior Member
          • Aug 2011
          • 1396

          Perfect. Thanks.

          Comment

          • #6
            Packy14
            Calguns Addict
            • Jul 2008
            • 5312

            Originally posted by Chaos47
            There is no constructive possession in the CA AWB.
            True, there is however constructive possession if you have a short barrel upper (have to own a pistol lower).. different question but just in case.
            NRA Lifetime Member

            1A-2A = -1A

            Comment

            • #7
              Chaos47
              Calguns Addict
              • Apr 2010
              • 6615

              Thats why I said in the CA AWB.

              Constructive possession of an SBR would be a Federal issue. Like you said thats an answer for a different question.
              I was originally going to include that stuff in my response above but I didn't want to confuse anyone by changing subjects.

              While its not really constructive possession in the CA AWB length does come up:
              Semiautomatic centerfire rifles under 30" OAL are AW's.
              All other rifles fall to Federal 16" Barrels 26" OAL (CA measures from most compact firable config, Federal from extended)
              Last edited by Chaos47; 08-15-2013, 5:33 PM.

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