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hypothetical sbr question

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  • jester1614
    Member
    • Jul 2012
    • 276

    hypothetical sbr question

    I am currently an arizona resident. I was thinking the other day and researching the SBR process here and came up with a question. per california law If I was to build a non banned by name Ar15 lower and register it as an sbr lower. Could I then bring it to cali to shoot if it has a california legal configuration (Upper, Bullet button.....) or is it immediately illegal in california if it is registered and tax stamped as an sbr?
    Originally posted by Kestryll
    Chill out there rambo, your cyber-weewee isn't being questioned
    Originally posted by BoxesOfLiberty
    This post is brought to you by the letter alcohol.
  • #2
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    Originally posted by jester1614
    I am currently an arizona resident. I was thinking the other day and researching the SBR process here and came up with a question. per california law If I was to build a non banned by name Ar15 lower and register it as an sbr lower. Could I then bring it to cali to shoot if it has a california legal configuration (Upper, Bullet button.....) or is it immediately illegal in california if it is registered and tax stamped as an sbr?
    ATF would not have a problem with the bolded portion (they have written that if it is not in an SBR configuration that you can transport across state lines without needing a 5320.20, but we do not know if CA would says that a federally-registered SBR lower is going to be considered an SBR in CA, even if not currently configured as an SBR.
    Jack



    Do you want an AOW or C&R SBS/SBR in CA?

    No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

    Comment

    • #3
      jbooker9
      Senior Member
      • Feb 2009
      • 979

      check the flowchart i believe there is a question for the barrel being less than 16. Pretty sure it would be considered an AW

      Comment

      • #4
        jester1614
        Member
        • Jul 2012
        • 276

        Originally posted by jbooker9
        check the flowchart i believe there is a question for the barrel being less than 16. Pretty sure it would be considered an AW
        I said in my OP that the question was, if brought into california in a california legal configuration ie upper length, bullet button........

        I know it would be illegal to bring a sbr into CA
        Originally posted by Kestryll
        Chill out there rambo, your cyber-weewee isn't being questioned
        Originally posted by BoxesOfLiberty
        This post is brought to you by the letter alcohol.

        Comment

        • #5
          jester1614
          Member
          • Jul 2012
          • 276

          Originally posted by ke6guj
          ATF would not have a problem with the bolded portion (they have written that if it is not in an SBR configuration that you can transport across state lines without needing a 5320.20, but we do not know if CA would says that a federally-registered SBR lower is going to be considered an SBR in CA, even if not currently configured as an SBR.
          Thank you.

          That is what I am trying to figure out.
          Originally posted by Kestryll
          Chill out there rambo, your cyber-weewee isn't being questioned
          Originally posted by BoxesOfLiberty
          This post is brought to you by the letter alcohol.

          Comment

          • #6
            JDay
            I need a LIFE!!
            • Nov 2008
            • 19393

            Originally posted by ke6guj
            ATF would not have a problem with the bolded portion (they have written that if it is not in an SBR configuration that you can transport across state lines without needing a 5320.20, but we do not know if CA would says that a federally-registered SBR lower is going to be considered an SBR in CA, even if not currently configured as an SBR.
            I doubt it would come back as an SBR if the serial was run in California.

            Sent from my LG G3
            Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison

            The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850)

            Comment

            • #7
              ke6guj
              Moderator
              CGN Contributor - Lifetime
              • Nov 2003
              • 23725

              Originally posted by JDay
              I doubt it would come back as an SBR if the serial was run in California.

              Sent from my LG G3
              probably not. unless they had some reason to think it was an NFA gun, they'd have no reason to even think about calling the NFA branch to check on it. But perhaps they saw a copy of the SBR paperwork left in the gun case, or the additional name, city, state markings throw up a red flag.

              99 times out of 100, hell probably 999 times out of a thousand, nobody'd even know that it was a registered SBR lower there, but is it worth the chance when you can set up another complete non-NFA lower for less than 2 bills?
              Jack



              Do you want an AOW or C&R SBS/SBR in CA?

              No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

              Comment

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