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Bringing in a "named" lower legally?

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  • Vin496
    Calguns Addict
    • Mar 2008
    • 8804

    Bringing in a "named" lower legally?

    I have a type 56-1 AK that I keep back in Texas, and I have been wondering if it would be possible to bring it out here to California with me?

    Are there any options? The only reason I'm even considering it is because I never go shooting my rifles here in California, I just find it too much of a hassle. I have this fancy AR that I have shot once out here in over a year since I got it(the week I got it), yet every time I go out of State, I use it quite a bit. I would like to be able to bring my Ak and a FAL I have out here so when I go to Nevada and Arizona I would be able to take them.

    Is there any way to do so without messing them up? Could I just take out the bolts and piston? Or do I have to fully disassemble them? If these are even options.
    I think it can be confirmed that an alien xenomorph is absolutely no match for good ole' Alabama black snake!

    and

    If you're in a survival movie and the hot blond twists her ankle and can't walk, you damn well figure a way to carry her. If it's a dude, you shake his hand and say "best of luck".
  • #2
    Fate
    Calguns Addict
    • Apr 2006
    • 9545

    Listed = felony upon importation. No ifs, ands or buts. Sorry.
    sigpic "On bended knee is no way to be free." - Eddie Vedder, "Guaranteed"

    "Let your gun therefore be the constant companion of your walks." -Thomas Jefferson
    , in a letter to his nephew Peter Carr dated August 19, 1785

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    • #3
      domokun
      Veteran Member
      • Apr 2008
      • 3525

      Originally posted by Fate
      Listed = felony upon importation. No ifs, ands or buts. Sorry.
      +1 on this. You're SOL on this issue. The only legal option is to move out of CA and be closer with your guns...
      "Can our form of government, our system of justice, survive if one can be denied a freedom because he might abuse it?" --Harlon Carter
      "A government big enough to give you everything you want is a government big enough to take from you everything you have." --Gerald Ford
      "Government is essentially the negation of liberty." --Ludwig von Mises
      "You cannot invade mainland United States. There would be a rifle behind each blade of grass." --Admiral Yamamoto
      USS Hornet ARC Member.

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      • #4
        postal16
        Senior Member
        • Nov 2008
        • 509

        you can get off-list recievers, and bring on all the other parts (minus the listed reciever) and build around it...in the meantime your friend can use the listed reciever as a paperwieght in Texas
        "Never argue with an idiot, they will just drag you down to their level and beat you with experiance." - anonymous

        bam bam bam bam bam bam bam bam ping!

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        • #5
          sorensen440
          Calguns Addict
          • Mar 2007
          • 8611

          none that I know of for the reciever
          "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson

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          • #6
            joemama
            Senior Member
            • Aug 2008
            • 2333

            Just going out on a limb here but is it legal to have it re-engraved with different markings to turn it into an oll, or are you only allowed to have engraving done on something like an 80%?

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            • #7
              Matt C
              Calguns Addict
              • Feb 2006
              • 7128

              Even named if it's named if it's not a semiautomatic firearm it's not banned. A stripped receiver is not a semiautomatic firearm.

              Defensible? Yes.

              Prosecution likely under certain circumstances? Possible.
              12276. As used in this chapter, "assault weapon" shall mean the
              following designated semiautomatic firearms:
              Last edited by Matt C; 02-10-2009, 2:11 PM.
              I do not provide legal services or practice law (yet).

              The troublemaker formerly known as Blackwater OPS.

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              • #8
                Omega13device
                Senior Member
                • Jan 2006
                • 1943

                As the other posters said, no-go on bringing listed firearms into CA. But there are plenty of off-list AK and FAL options, why not assemble a second, CA-legal collection out here? By doing that you get the extra benefit of not having to drag your rifles back and forth all the time.
                Originally posted by Blackwater OPS
                Even named if it's named if it's not a semiautomatic firearm it's not banned. A stripped receiver is no a semiautomatic firearm.

                Defensible? Yes.

                Prosecution likely under certain circumstances? Possible.
                Interesting point (maybe someone could get a letter from Allison saying it's legal?) but the OP's issue was about convenience and I'm not sure that having to disassemble and re-assemble his rifles every time he goes in and out of CA solves that problem.
                Last edited by Omega13device; 02-10-2009, 2:17 PM.

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                • #9
                  armygunsmith
                  Senior Member
                  • Oct 2008
                  • 2087

                  I had asked something similar in another thread, but it really didn't go anywhere. Maybe someone knows specifically what laws prevents someone from doing this.
                  SECRET//NOFORN
                  "Sometimes it's easier to do it the hard way."
                  Sgt. E <--(That's me)

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                  • #10
                    thedrickel
                    Calguns Addict
                    • Apr 2006
                    • 5577

                    I am of the opinion that it is legal to buy a listed LOWER . . . as long as it's not build up into a rifle. The DOJ already knows that they can't list lowers . . . which leads me to believe they know that lowers can't be listed as AW because listed lowers aren't AW unless they are built up to rifles.
                    I hate people that are full of hate.

                    It's not illegal to tip for PPT!

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                    • #11
                      Matt C
                      Calguns Addict
                      • Feb 2006
                      • 7128

                      Originally posted by thedrickel
                      I am of the opinion that it is legal to buy a listed LOWER . . . as long as it's not build up into a rifle. The DOJ already knows that they can't list lowers . . . which leads me to believe they know that lowers can't be listed as AW because listed lowers aren't AW unless they are built up to rifles.
                      Arguably you could even build it into a rifle if it was not semiautomatic (IE pump action) but you would be walking a fine line. Also let's not forget the Iggy/Evans letters that would give you another defense.
                      I do not provide legal services or practice law (yet).

                      The troublemaker formerly known as Blackwater OPS.

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                      • #12
                        Librarian
                        Admin and Poltergeist
                        CGN Contributor - Lifetime
                        • Oct 2005
                        • 44652

                        Originally posted by armygunsmith
                        I had asked something similar in another thread, but it really didn't go anywhere. Maybe someone knows specifically what laws prevents someone from doing this.
                        Lots of people know the specific law on this:
                        Penal Code 12280. (a) (1) Any person who, within this state, manufactures or
                        causes to be manufactured, distributes, transports, or imports into
                        the state, keeps for sale, or offers or exposes for sale, or who
                        gives or lends any assault weapon or any .50 BMG rifle, except as
                        provided by this chapter, is guilty of a felony, and upon conviction
                        shall be punished by imprisonment in the state prison for four, six,
                        or eight years.
                        Now you do, too.

                        You can find the definition for 'assault weapon' here. The 'Kasler List', as well as a repeat of the original AWCA list and the few added weapons, are in California Code of Regulations, Title 11.
                        ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                        Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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                        • #13
                          Omega13device
                          Senior Member
                          • Jan 2006
                          • 1943

                          Librarian - BWO's point hinges on the fact that 12276 uses the term "semiautomatic" in the definition of assault weapon. The term "assault weapon" is used throughout the PC so I'd think there's a valid question there about whether there's an opening for stripped receivers since they have no action by definition.

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                          • #14
                            armygunsmith
                            Senior Member
                            • Oct 2008
                            • 2087

                            Librarian- Thanks for the info, but i was specifically referencing law that prevents someone from re-designating a lowers model, thus making not technically On-list. At least that's how i understand the OP's question.
                            SECRET//NOFORN
                            "Sometimes it's easier to do it the hard way."
                            Sgt. E <--(That's me)

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                            • #15
                              domokun
                              Veteran Member
                              • Apr 2008
                              • 3525

                              Originally posted by armygunsmith
                              Librarian- Thanks for the info, but i was specifically referencing law that prevents someone from re-designating a lowers model, thus making not technically On-list. At least that's how i understand the OP's question.
                              You cannot change the markings on the receiver after it's left the factory. Only the manufacturer of the receiver can do that because they need to update their books to reflect the change.

                              When you do an 80% build or something similar and manufacture a firearm for personal use from a raw piece of metal (i.e. 0% or 80%, flat receiver), then you are allowed to put any markings you want on it for make, model and serial number. However to my knowledge, this does not apply to receivers that are made by a licensed 07 FFL.
                              "Can our form of government, our system of justice, survive if one can be denied a freedom because he might abuse it?" --Harlon Carter
                              "A government big enough to give you everything you want is a government big enough to take from you everything you have." --Gerald Ford
                              "Government is essentially the negation of liberty." --Ludwig von Mises
                              "You cannot invade mainland United States. There would be a rifle behind each blade of grass." --Admiral Yamamoto
                              USS Hornet ARC Member.

                              sigpic
                              Join today?

                              Comment

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