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AR pistols and LEO

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  • till44
    Veteran Member
    • Jan 2008
    • 2604

    AR pistols and LEO

    I was sure I saw the reason and cited section for this question but couldn't find it again. I also wanted some clarification.

    Many people have mentioned in various threads that the only way to get an AR pistol lower into CA is:
    1) Have a "complete" AR pistol, rendered to function as a single shot, sent to your FFL. or,

    2) Be LEO or have purchased the stripped, or complete lower from LEO.

    I understand the reasoning and section behind number one. But number 2... Why can LEO's have a stripped pistol lower sent into the state? Does it include a complete lower (lower and LPK)? I was viewing the stripped lower as a frame rather than a pistol, so does it meet the definition of a pistol not on the rostered safe list?

    Please cite CA code and section or letters from DOJ so it is clear. Thanks.
  • #2
    Sig226
    Member
    • Dec 2005
    • 459

    LEO are exempt from the "safe pistol list"/ drop test requirements....Thats the only difference.

    Search the PC for yourself...
    "The right "to carry arms in the militia for the purpose of killing game" is worthy of the mad hatter. Thus, these purposive qualifying phrases positively establish that "to bear arms" is not limited to military use." - Justice Scalia
    -Heller v. District of Columbia

    Comment

    • #3
      till44
      Veteran Member
      • Jan 2008
      • 2604

      Originally posted by Sig226
      LEO are exempt from the "safe pistol list"/ drop test requirements....Thats the only difference.

      Search the PC for yourself...
      But is a stripped lower or just a complete pisto lower defined as a pistol? If so, where is that defines as such?

      Comment

      • #4
        Hopi
        Calguns Addict
        • Oct 2005
        • 7700




        Maybe this will help....

        Comment

        • #5
          till44
          Veteran Member
          • Jan 2008
          • 2604

          Also helpful info..but, I am still ooking for something that will define a stripped pistol lower as a "pistol". This came up when I was speaking with a buddy/FFL. I told him I understood that LEO could order a stripped lower due to being exempt from the rostered list. He said he was unsure whether that was true because he wasn't sure if DOJ classified an AR pistol lower as either a frame or a pistol. I am trying to get some clarification for him (so he can make extra money) and for some fellow LEO's (who want AR pistols) and for me in hopes that more AR pistols come into CA that can be sold at later dates.
          Last edited by till44; 12-03-2008, 11:25 AM.

          Comment

          • #6

            some double star lowers are marked as "pistol"
            I think it has to be PPT only... or can one buy the lower pistol and build it up?

            I'm almost sure if you get an 80% forging and drill/mill it to a complete "home made" receiver, you can then go with a 10 round fixed mag, and use it in semi-auto?

            I'm not sure, as I am still learning about the pistol situation as well...

            Comment

            • #7
              till44
              Veteran Member
              • Jan 2008
              • 2604

              Originally posted by Steve O
              ... or can one buy the lower pistol and build it up?
              Once the lower is legally owned in CA then you can PPT the thing all you want. The problem is getting them into the state. They have to come in whole or by LEO supposedly.

              Comment

              • #8
                Hopi
                Calguns Addict
                • Oct 2005
                • 7700

                Originally posted by till44
                Also helpful info..but, I am still ooking for something that will define a stripped pistol lower as a "pistol". This came up when I was speaking with a buddy/FFL. I told him I understood that LEO could order a stripped lower due to being exempt from the rostered list. He said he was unsure whether that was true because he wasn't sure if DOJ classified an AR pistol lower as either a frame or a pistol. I am trying to get some clarification for him (so he can make extra money) and for some fellow LEO's (who want AR pistols) and for me in hopes that more AR pistols come into CA that can be sold at later dates.
                In "freer states" a never-assembled receiver is designated either a Rifle or Pistol via the transfer and permanent logging of the firearm's status into the FFL books. This will, or has, changed with the new ATF forms, but it is yet to be determined how this will influence CA transfers.

                For non-exempt pistol transfers in CA, the firearm must be included on the DOJ safe handgun roster to be eligible. Stripped receivers are not complete firearms nor can they be drop-tested and they are not eligible to be added to the roster, as such, stripped pistol receivers cannot be transferred to a non-exempt citizen/circumstance.

                In CA, exempt parties do not need to mind the roster, transfers can involve any non-AW pistol (including stripped receivers).
                Last edited by Hopi; 12-03-2008, 3:44 PM.

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                • #9

                  So a resident of NV is allowed to bring in their guns when they move to CA (Given they are configured correctly) could a NV resident build some pistols on striped lowers. Fix a semi-auto upper to a fixed BB 10 round mag lower import it then PPT it?

                  Comment

                  • #10
                    Hopi
                    Calguns Addict
                    • Oct 2005
                    • 7700

                    Originally posted by Steve O
                    So a resident of NV is allowed to bring in their guns when they move to CA (Given they are configured correctly) could a NV resident build some pistols on striped lowers. Fix a semi-auto upper to a fixed BB 10 round mag lower import it then PPT it?
                    Yes. They could even just leave them stripped and bring the receivers in to PPT in CA.

                    Comment

                    • #11
                      till44
                      Veteran Member
                      • Jan 2008
                      • 2604

                      HOPI-
                      What's the citable code for this or is there one? I am looking for some hard, concrete evidence that LEO are good to go on stripped pistol lowers or lowers with a complete LPK.... I agree with what you wrote just need something to cite and show as proof that it is true.

                      Comment

                      • #12
                        freakshow10mm
                        Veteran Member
                        • Jun 2008
                        • 3061

                        Originally posted by till44
                        But is a stripped lower or just a complete pisto lower defined as a pistol? If so, where is that defines as such?
                        No. A bare receiver is called a "firearm other than a handgun, rifle or shotgun". It is still a firearm. Must be 21yo to purchase from a dealer.

                        You must either be LE or have a single shot pistol enter California for you to get it legally. Also pistols that are already in CA can be done PPT.

                        Comment

                        • #13
                          trinydex
                          Veteran Member
                          • Feb 2008
                          • 4720

                          Originally posted by freakshow10mm
                          You must either be LE or have a single shot pistol enter California for you to get it legally. Also pistols that are already in CA can be done PPT.
                          pistol receivers right? or frames, whichever you call them.

                          Comment

                          • #14
                            Warhawk014
                            Senior Member
                            • Apr 2008
                            • 1498

                            so let me get this straight. a leo, like myself can buy this



                            and legally own it as it is configured.
                            i try to keep up with california gun laws, but sometimes i get lost in the BS of it all. plz forgive me for being an uninformed LEO
                            http://www.shop42a.com/

                            Comment

                            • #15
                              ENTHUSIAST
                              Veteran Member
                              • Feb 2008
                              • 4440

                              YEP, as long as the lower is Off-List but you still have to use a Bullet Button/other Mag lock device and NEVER use w/ a Mag larger than 10 rounds while in CA and NO foreward grip/NO buttstock and you are good to go.

                              Since you claim to be "an uninformed LEO" do you know that Unloaded Open Carry is LEGAL as long as you are NOT 1000' from a school zone (K-12)???

                              P.S. Now what are you waiting for since you are a LEO you might as well enjoy the "fringe bennys" that go along with it... why are you still reading this go get youself a stripped PISTOL lower and let the fun begin ENJOY!
                              Last edited by ENTHUSIAST; 12-04-2008, 5:00 PM.

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