Is a non-functional firearm still a firearm?

[igs]

Is a rifle/SBR/AW with the upper and lower separated still a rifle/SBR/AW?
Is a rifle/SBR/AW with the bolt removed still a rifle/SBR/AW?
Is a pistol with the firing pin removed still a pistol?
Can you carry concealed without a license a pistol with the firing pin removed?
Can you openly carry a pistol with the firing pin removed?

[Librarian]

1 Is a rifle/SBR/AW with the upper and lower separated still a rifle/SBR/AW?

2 Is a rifle/SBR/AW with the bolt removed still a rifle/SBR/AW?

3 Is a pistol with the firing pin removed still a pistol?

4 Can you carry concealed without a license a pistol with the firing pin removed?

1 - oddly, not an AW, but yes, still a rifle.

2 - yes

3 - yes

4 - no; and of course, one wonders why anyone would consider that - not only is it still CCW with out a license, but you get none of the prospective benefits of having a gun.

I suspect you might enjoy reading the wiki - http://wiki.calgunsfoundation.org/in...itle=Main_Page

[Quiet]

Is a non-functional firearm still a firearm?

Under CA laws/regulations...

Yes.

The firearm must be destroyed per BATFE specifications in order to no longer be considered a firearm.

Is a rifle/SBR/AW with the upper and lower separated still a rifle/SBR/AW?

A non-functional rifle is still a rifle.

A rifle that is disassembled is not an assault weapon.
However, because of prior cases involving convictions for possessing "broken assault weapon" and for "intending to make/possess an assault weapon", it is prudent to not store or transport the parts that can make the disassembled firearm into an assault weapon together.

A rifle that is disassembled and, the person who owns it or has control over it, also has unattached parts that can make the rifle into a SBR; then the combination of unattached parts makes the firearm into an illegal SBR.

Is a rifle/SBR/AW with the bolt removed still a rifle/SBR/AW?

Yes.

Is a pistol with the firing pin removed still a pistol?

Yes.

Can you carry concealed without a license a pistol with the firing pin removed?

Not legally.

Can you openly carry a pistol with the firing pin removed?

Not legally, if in public places of incorporated territory or in prohibited areas of unincorporated territory or on any street/road/highway.

Legally, if in non-prohibited areas of unincorporated territory or in areas where it is legal to discharge a firearm (ie. shooting range) or inside a building that is not accesible to the public that is located on private property and with the property owner's permission.

[Quiet]

[The War Wagon]

Cops'll give you money for it at a buyback, sooo...

[FightYouRightNow]

[P5Ret]

Semi auto no with those parts removed, but it is still a firearm, which is what the question was.

[FightYouRightNow]

Semi auto no with those parts removed, but it is still a firearm, which is what the question was.

[M1NM]

A firearm is the part of the gun that contains the serial number used for registration. It doesn't matter if it's fully assembled or just that one part it's still deemed to be a firearm.

[boopiejones]

A firearm is any part of the gun that contains the serial number. It doesn't matter if it's fully assembled or just that one part it's still deemed to be a firearm.

Usually true, but not always. Some guns have matching serial numbers on other parts, such as the slide on a Glock. But if you separate the slide and receiver, only the receiver is a firearm. You could sell the serialed slide cash and carry, no ffl required.

[M1NM]

Usually true, but not always. Some guns have matching serial numbers on other parts, such as the slide on a Glock. But if you separate the slide and receiver, only the receiver is a firearm. You could sell the serialed slide cash and carry, no ffl required.

I think I reworded it to clarify. A Ruger auto pistol MKI II III IV etc have their serial number on the barrel assembly not the grip frame. Some new poly guns have a part with the serial number that is easily removable from the grip frame.

[igs]

Does this mean someone also cannot carry, openly or concealed, a stripped lower receiver?

So if they go to pick up a stripped lower from the gun shop they will have to carry it out in a locked container?

[boopiejones]

Does this mean someone also cannot carry, openly or concealed, a stripped lower receiver?

So if they go to pick up a stripped lower from the gun shop they will have to carry it out in a locked container?

I bought a stripped lower at a gun shop once and they required me to buy a lock for it. The salesman then proceeded to thread the lock thru the magwell before allowing me to take it out of the store. This was in livermore, which has a city law that locks must be sold with all firearms (not just handguns). But still pretty ridiculous.

[divingin]

I bought a stripped lower at a gun shop once and they required me to buy a lock for it.

My take:

I think that CA law requires that a lock be present to sell a firearm (or an affidavit of acceptable safe ownership.) Since a lower is considered a firearm,
that may make sense (in a legal aspect; not necessarily a common sense one.) As far as I know, the law does not say that the lock must be installed to sell the firearm. It just has to be present at the time of transfer.

For handguns, they have to be in a locked container to transport, but the shop shouldn't be concerned with that as that is post-sale, and would be on the consumer to comply with that part.

This is bare bones stuff though; each shop may operate differently.

[Wheellock]

I bought a stripped lower at a gun shop once and they required me to buy a lock for it. The salesman then proceeded to thread the lock thru the magwell before allowing me to take it out of the store. This was in livermore, which has a city law that locks must be sold with all firearms (not just handguns). But still pretty ridiculous.

There is no requirement for the law to make sense or be logical.