AR pistol legalities

[Mike_Hawk]

Hey all, it's my first post, but I've been lurking for quite some time. Thanks for all the great info so far!

Anyhow, I'm interested in building an AR pistol but I know there might be potential complications with the law and I just want to make sure my *** is covered just in case. These are my initial questions. Please feel free to add any other legal issues I didn't address.


1st:
I currently have an OLL AR-15: 16" upper, 6-position stock, pistol grip and fixed mag.

If I build an OLL AR pistol, what precautions do I need to take so I don't get hit with having an SBR and all that? Can I even build one here in Cali?

2nd:
In getting my OLL for the pistol build, should I put it down as rifle or pistol on the paperwork?


Thank you in advance!

[five.five-six]

can't do it. to have a pistol in california the magazine must load in the pistol grip.. I am shure some one will post the specifac law but if the mag does not go in the grip you can not have it

[chiefcrash]

can't do it. to have a pistol in california the magazine must load in the pistol grip.. I am shure some one will post the specifac law but if the mag does not go in the grip you can not have it

partially correct. if you want a detachable mag, the AR platform is out. a pistol that accepts a detachable magazine anywhere outside the pistol girp is an assault weapon...

12276.1. (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
~~~
(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.

now, if you were to build a FIXED magazine pistol, you might be in business...

i *know* that you have to somehow have the lower registered as a pistol. how you go about doing that, i'm not sure. but i'm sure someone will jump in and tell us...

[ohsmily]

You're new, but use the search function...

http://calguns.net/calgunforum/showthread.php?t=40787&highlight=ar-15+pistol

http://calguns.net/calgunforum/showthread.php?t=39800&highlight=ar-15+pistol

[EBWhite]

AR pistols are legal. However you will need a lower that is registered as a pistol from the factory- it will also need to be dros'd as a pistol.

Now, if you want to go semi automatic- you can only get one thru a PPT. You cannot have a threaded barrel or a detach mag either.

If you want to go single shot- you can DROS this yourself- very easy to do- must be a single shot though. Detachable mags and threaded barrels are fine in that case....

[chiefcrash]

You cannot have a threaded barrel or a detach mag either..

if it's a fixed mag pistol, he can have a threaded barrel. he can have a shroud, second hand grip, and a freakin' bayonet if he wants one. the threaded barrel thing only applies to semiauto, DETACHABLE MAGAZINE pistols

[RANGER295]

[blkA4alb]

if it's a fixed mag pistol, he can have a threaded barrel. he can have a shroud, second hand grip, and a freakin' bayonet if he wants one. the threaded barrel thing only applies to semiauto, DETACHABLE MAGAZINE pistols

No, please read this.

I have noticed several posts referring to forward handgrips on handguns. While we generally discuss the California legality of these items, we can't forget the federal issues.

SB23 says this in reference to handguns.

(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.

It seems that it is assumed that second handgrips are allowed on handguns since they are said to be illegal in California. Though under federal law, they are classified as AOWs.

http://www.atf.treas.gov/firearms/041006-vert_grip.htm

So while a forward grip may be legal under SB23 on a fixed magazine handgun, federally it would not be legal.

The only reason I am typing this is to clear any confusion there might have been about adding a forward grip to a handgun. I remember awhile ago a guy posted a picture of his Glock with a magazine that attached to the rail, acting as a forward grip. He removed the picture, and hopefully removed the magazine, at the time however I only thought it violated SB23.

Just reminding everyone to stay legal California wise and federally .

[Mike_Hawk]

Okay, so I wanted to make a fixed mag OLL pistol from a stripped lower (maybe the Mega lower), DROS'd in as a pistol, and semi-auto. I figured that to be legal.

The issue I'm also worried about is the whole SBR thing. I'd have the "capacity" to put the 6-position stock on the pistol, making it an SBR, even if I never did or had the intenion to do so.

Anyhow, despite all these legalities, I think I'll just stick to the rifles and leave the AR pistols to everyone else out of Cali.

[blkA4alb]

Okay, so I wanted to make a fixed mag OLL pistol from a stripped lower (maybe the Mega lower), DROS'd in as a pistol, and semi-auto. I figured that to be legal.

Not quite, for it to be DROSd as a pistol it would need to be on the safe handgun list, which its not.

The issue I'm also worried about is the whole SBR thing. I'd have the "capacity" to put the 6-position stock on the pistol, making it an SBR, even if I never did or had the intenion to do so.

Again, I don't believe so. Any AR has the "capacity" to accept a short barreled upper, having the ability to do something is not illegal.

Constructive posession does apply to SBRs, however I have never heard it being used in the sense of having a stock and a pistol. Having a SBR upper and the AR is another story though.

As you seem to have realized, its just a LITTLE complicated .

[Mike_Hawk]

Not quite, for it to be DROSd as a pistol it would need to be on the safe handgun list, which its not.


Again, I don't believe so. Any AR has the "capacity" to accept a short barreled upper, having the ability to do something is not illegal.

Constructive posession does apply to SBRs, however I have never heard it being used in the sense of having a stock and a pistol. Having a SBR upper and the AR is another story though.

As you seem to have realized, its just a LITTLE complicated .

Yeah, I'm just going to abort the whole idea. I love guns, but this is just too much. Maybe when I move out of the PRK. Regardless, I'm going into the Army in a few months, so I'll be with some sweet weaponry.

[EBWhite]

If you can find a pistol lower via PPT then you can have your semi auto.

Just get a single shot AR pistol and convert when out of state when on vacation :-)