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Do you have a link to this memo?
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Mo' BBs. -
NOTE:
The DOJ lister of Safe handguns is a list of guns APPROVED FOR SALE, if you don't sell it, you're not breaking the law.Comment
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The whole 80% itself is not as clear as you seem to think...I do not provide legal services or practice law (yet).
The troublemaker formerly known as Blackwater OPS.Comment
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I understand that there is a big debate as to what constitutes 80%
However....
if you build it from scratch or from a handfull of sheetmetal chunks that need alot of welding and finishing, which could never be mistaken for being a gun receiver or frame on there own.
take the whole 80% issue compleatly out of the equation.
then it IS legal to build a pistol for personal use.Comment
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I do not provide legal services or practice law (yet).
The troublemaker formerly known as Blackwater OPS.Comment
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I don't think the instate-out of state issue factors in here. the DOJ has stated that it is ok to build a pistol for personel use within the state of CA.
If you do it from scratch, and if you do not sell it, you should be ok.
even if you don't do it compleatly from scratch, so long as you use an ATF aproved meathod of construction using a partially compleated receiver/frame you should be ok.
And even if you're not ok and wind up building one out of an 80% that is 'too' complete, its a federal matter not a state one.Comment
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Concerning the whole 80% argument, building an AK from a flat is perfectly legal as far as the ATF is concerned (at this time). Tapco has letters from the ATF stating that their flats are legal. Here is one such letter. They address the 80% confusion but still confirm that this product is legal.
Last edited by JHC; 03-30-2007, 1:07 PM.Comment
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The ever-so-knowledgable AM seems to be speaking under the assumption that homebuilt receivers made from 80% blanks are actually Colt AR-15s or Government 1911s, as opposed to generic, brandless, firearms. That is what she bases her statements on, notice how she says that you cannot complete a 80% AR receiver. Although maybe she just hasn't considered gripless or fixed mag configurations and is referring to SB23. Oh well, that last paragraph seems good enough for me. Thanks for the letter Ajax.Last edited by jumbopanda; 03-30-2007, 2:43 PM.Mo' BBs.Comment
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I've only skimmed through these threads about AK & AR Pistols and can't add much to the discussion, but...
What if you have a Parent or a Child (of Legal Age to own a pistol) buy one for you and send it to you as a gift?
People here have posted that in the Parent/Child relationship they can give each other firearms from out of State so in the scenario; is there anything preventing its legality?Comment
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Actually, I just saw this post from BW so I guess it needs to comply with California AW laws:
Remember, a semiautopistol w/detachable magazine is an AW if it has any of:
the following (PC 12276.1(a)(4)):
a threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer;
a second handgrip;
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;
the capacity to accept a detachable magazine at some location outside of the pistol grip.
So I guess even if a Parent or Child gave it to you as a gift you would still need to fix the mag.Comment
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Can't have the mag ouside of the pistol grip or it's an "assault pistol"
If it's legal to have a fixed mag ouside of the grip (not sure it is), you are still limited to 10 rounds whether you had pre-bans or not since a fixed mag over 10 rounds turns your weapon into an evil "Assault pistol.Comment
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Consensus is with a commercial receiver, it won't be legal in California, unless you can find one that was previously DROS'ed in the state as a pistol, and was registered in 2000 as an AW, and having that person remove it from the registry by removing all the features, and then private party transferirng it. Or knowing someone who moved into state with an AR pistol in Ca-legal configuration, and performing a PPT.
Your only real option is making one from an 80% build. However you may not be offered protection under Harrott, and LE, DAs and DOJ may try hard to prosecute....
The subject HAS been debated to death in the past, but I'll give you the benefit of the doubt because it hasn't been discussed recently.
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