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California 80 % lower laws

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  • Adrian.1994
    Junior Member
    • Dec 2015
    • 96

    California 80 % lower laws

    Hello, I searched and couldn't seem to get my question answered. So today I called my local police station and asked what I should have with me if I am transporting a rifle built from an 80% lower(receipt, fsc? Idk)
    The officer then told me it is illegal to transport a rifle built from an 80% lower. He said that I can own one and keep it on my own property but I can not transport it or take it to a public range.
    Is this true? I called the sheriffs department and they told me to contact a lawyer for legal advice.
    I hope this isn't true. Can someone show me the laws just in case I take one out to a range and get some trouble.
    Thanks
  • #2
    GOLDEN GUN
    Banned
    • Dec 2012
    • 2326

    Why don't u call the officer and ask him which penal code he would cite you for if he found you with it?

    He won't be able to give you one

    Comment

    • #3
      Whiskey_Tango
      Senior Member
      • Mar 2014
      • 1588

      Comment

      • #4
        agarc92
        Member
        • Dec 2015
        • 288

        I think the Sheriff department had the better answer

        Comment

        • #5
          Spyder
          CGN Contributor
          • Mar 2008
          • 17302

          Calling the PD for firearm law advice is almost as bad as asking your friendly local FFL.

          Transport it like any other rifle.

          Comment

          • #6
            Cody805
            Senior Member
            • Nov 2015
            • 1229

            Originally posted by GOLDEN GUN
            Why don't u call the officer and ask him which penal code he would cite you for if he found you with it?

            He won't be able to give you one
            Exactly!

            Comment

            • #7
              j-shot
              Senior Member
              • Jan 2014
              • 1646

              Originally posted by Adrian.1994
              Hello, I searched and couldn't seem to get my question answered. So today I called my local police station and asked what I should have with me if I am transporting a rifle built from an 80% lower(receipt, fsc? Idk)
              The officer then told me it is illegal to transport a rifle built from an 80% lower. He said that I can own one and keep it on my own property but I can not transport it or take it to a public range.
              Is this true? I called the sheriffs department and they told me to contact a lawyer for legal advice.
              I hope this isn't true. Can someone show me the laws just in case I take one out to a range and get some trouble.
              Thanks
              They traced the call and are on the way. Better play it safe and turn it over to me. I have a federal license for proper disposal.
              Originally posted by Citadelgrad87
              ...what we have here is a hillary panty sniffer...
              Originally posted by Appleseed
              A Rifleman understands that owning and mastering a rifle is part of his heritage as an American.
              Originally posted by ProShooter
              No man, butt rape is happening like, all of the time in prison. It's basically just one huge orgy.

              Comment

              • #8
                spfabrication
                Senior Member
                • Aug 2015
                • 1045

                You should have asked if they had Prince Albert in the Can instead.
                Last edited by spfabrication; 05-05-2016, 4:03 PM.
                GO NAVY

                Comment

                • #9
                  RickD427
                  CGN/CGSSA Contributor - Lifetime
                  CGN Contributor - Lifetime
                  • Jan 2007
                  • 9279

                  Golden Gun probably gave you the best answer.

                  There is nothing illegal about transporting a weapon built from an 80% lower.

                  So long as your weapon is a rifle, take it to the range, shoot it and enjoy it.

                  There are some potential traps that builders of 80% pistols may fall into, the primary one being the potential to have the weapon seized as being the product of an illegal manufacture (PC 32000) if it is a semi-auto.
                  If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

                  Comment

                  • #10
                    Bullets&Whitewalls
                    Senior Member
                    • May 2012
                    • 2380

                    Your question was answered. You transport it like any other rifle. Make sure it is mag locked 10 rd mag and over all length is compliant with California laws. If in doubt use the flow chart for semi auto

                    Comment

                    • #11
                      Snoopy47
                      Veteran Member
                      • Aug 2010
                      • 3908

                      Originally posted by RickD427
                      Golden Gun probably gave you the best answer.

                      There are some potential traps that builders of 80% pistols may fall into, the primary one being the potential to have the weapon seized as being the product of an illegal manufacture (PC 32000) if it is a semi-auto.

                      California Penal Code Section 32000
                      (a) Commencing January 1, 2001, any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year. - See more at: http://codes.findlaw.com/ca/penal-co....0KC0nmDc.dpuf


                      I'm seeing "for sale", and "lend or give".

                      So I read it to mean the builder of a 80 pistol could transport it, never sell it or put up for sale, nor let anyone else shoot it or possess it.

                      Am I not catching something?
                      Before there was Polymer there was Accuracy.

                      Comment

                      • #12
                        Adrian.1994
                        Junior Member
                        • Dec 2015
                        • 96

                        Awesome!! Thanks for the info snoopy.
                        But what if it is a rifle? May I still allow someone to fire it? And what does unsafe mean? I feel as most rifles are safe as long as used correctly.

                        Comment

                        • #13
                          Spyder
                          CGN Contributor
                          • Mar 2008
                          • 17302

                          Originally posted by RickD427
                          Golden Gun probably gave you the best answer.
                          Oh man! That's going to go to his head!!!

                          Comment

                          • #14
                            RickD427
                            CGN/CGSSA Contributor - Lifetime
                            CGN Contributor - Lifetime
                            • Jan 2007
                            • 9279

                            Originally posted by Snoopy47
                            California Penal Code Section 32000
                            (a) Commencing January 1, 2001, any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year. - See more at: http://codes.findlaw.com/ca/penal-co....0KC0nmDc.dpuf


                            I'm seeing "for sale", and "lend or give".

                            So I read it to mean the builder of a 80 pistol could transport it, never sell it or put up for sale, nor let anyone else shoot it or possess it.

                            Am I not catching something?
                            Snoopy,

                            You also see "manufactures" and "or causes to be manufactured" in the text of the section. I added bold font and underline to show you where. That "manufactures" clause is the one that gets the person who builds their own pistol without any plans to sell it.

                            But there is one point that you may be missing. It's an obscure one, but also a strategic one as far as law enforcement folks are concerned. If an LEO finds a person with an AR pistol that does not meet the "Safe Handgun" definition, they likely are not going to be able to prove to a probable cause standard that the possessor of the pistol is the same person who manufactured the pistol. That makes criminal prosecution pretty much impossible. But there is an agenda to get "Ghost Guns" off the street (and the strength of that agenda varies greatly by political jurisdiction). LEOs are increasingly using civil law to accomplish objectives that cannot be readily accomplished with the criminal law. A weapon that was manufactured in violation of a law is contraband, even if the identity of the violator cannot be readily established. That makes the weapon subject to seizure (the person possessing it however is not subject to arrest). The owner of the weapon has the right to sue for its return, but in the civil court the owner becomes the moving party and the burden of proof is then on him to prove that the weapon was not illegally manufactured.
                            If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

                            Comment

                            • #15
                              GlockVet
                              Junior Member
                              • May 2016
                              • 3

                              ...
                              Last edited by GlockVet; 05-05-2016, 9:05 PM.

                              Comment

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