Did this guy commit a felony?

[tenpercentfirearms]

Well if the authorities didn't know about it then, they know about it now.

I am going to go with my gut that the guy is breaking the law. No one gets SBR permits in California unless they are in business. Someone in business would not be doing this.

Hopefully local LE or ATF doesn't win the bid and offer to pick it up in person.

[ptoguy2002]

Well if the authorities didn't know about it then, they know about it now.

.....

.....I agree it is probably illegal. I highly doubt it is a police sting because on Gunbroker there is a huge lot of potential buyers for which that is completely legal, whether it is SBR or for a pistol upper for somebody in CA. And if it was a sting, it wouldn't' have had a reserve price that wasn't met.

ETA: Well...seller has a history of SBR'ing stuff....I might take my original opinion back and go with sting...look at his previous auctions.

BUT, the MYOB thing applies here, IMHO. Shouldn't be making threads like this. SBR's are legitimate and legal in lots of other places, and IMHO fall under 2A easily, so...MYOB.

[AGGRO]

shhhhh i hear the approach of a drone!!! is it ready to send a hellfire at this object???

That's ok

UAV is online

[Superduper2013]

Bolt carrier & handle have nothing to do with it.

How is that? If its stated as a nonfunctioning firearm because it lacks bcg and he states its for "display only" it's not a sbr but a display as he stated.

[tenpercentfirearms]

How is that? If its stated as a nonfunctioning firearm because it lacks bcg and he states its for "display only" it's not a sbr but a display as he stated.

Constructive possession. If he owns a BCG anywhere else, he is a felon. Further, I do believe there is case law that states without a BCG, the prohibited weapon is still a prohibited weapon.

[budprop]

Sounds to me like a case of "reading what you want" from this add. I took this as a guy selling a SBR upper. The "flying under the radar" comment came across to me as SBR licensed folks that want to take their gun to the range and not be scrutinized and asked possibly detained while Johnney Law gets all up in their business. He does add the disclaimer "Remember all NFA ATF rules apply for use on OWC, Pistol or registered SBR. Know what you are purchasing prior to bidding."
Bottom line is, if you don't have a pistol lower or a NFA stamp, don't worry about it. Let the dude sell his stuff.

[Superduper2013]

Constructive possession. If he owns a BCG anywhere else, he is a felon. Further, I do believe there is case law that states without a BCG, the prohibited weapon is still a prohibited weapon.

My fault, you are correct.

[tenpercentfirearms]

Sounds to me like a case of "reading what you want" from this add. I took this as a guy selling a SBR upper. The "flying under the radar" comment came across to me as SBR licensed folks that want to take their gun to the range and not be scrutinized and asked possibly detained while Johnney Law gets all up in their business. He does add the disclaimer "Remember all NFA ATF rules apply for use on OWC, Pistol or registered SBR. Know what you are purchasing prior to bidding."
Bottom line is, if you don't have a pistol lower or a NFA stamp, don't worry about it. Let the dude sell his stuff.

LOL. Right. SBR folks in California want to fly under the radar. If I had an SBR in California, I would get the Form 4 tattooed on my back and shoot that sucker topless everywhere I go!

[killmime1234]

LOL. Right. SBR folks in California want to fly under the radar. If I had an SBR in California, I would get the Form 4 tattooed on my back and shoot that sucker topless everywhere I go!

Wes, I kinda feel like you shoot topless wherever you go anyway. Am I off target, here?

[winnre]

What if it was really really close but not touching? or maybe the pins were not in it?

I hope it was photoshop.

[Flintlock Tom]

It appears that this is the third one he's selling this month. Two previous buyers have left positive feedback. So the ATF has had plenty of time to swoop in by now.
MYOB IMHO.

[JDay]

He could have all the proper licensing.

[Ron-Solo]

LOL. Right. SBR folks in California want to fly under the radar. If I had an SBR in California, I would get the Form 4 tattooed on my back and shoot that sucker topless everywhere I go!

That's sig worthy material right there.....

[tenpercentfirearms]

He could have all the proper licensing.

Please list for us the proper licensing to have an SBR in California.

[JDay]

Please list for us the proper licensing to have an SBR in California.

It is possible to get an SBR permit in California if you have the right connections. I've seen a few legal ones in private hands in this state but it is not common.