Definitions Manufacture, Modify, Assemble

[kcstott]

Ok since this topic come up from time to time. Someone with a legal background needs to get California's legal definition of manufacture.

this issue came up with me recently with my AK pistol build. Now using the search function and google I was able to find quite a bit of good information posted by Hoffmang on this topic.
What didn't come up was where the line was drawn.

Now my assumption is that (and we'll leave this as AR and AK platform builds) one you machine the fire control group pocket and drill the holes or bend up a pre punched flat you have just "MANUFACTURED" a firearm. and that is where the manufacturing process ends.

Everything you do that said Firearm from that point on is "Assembling"

Now outside of the Federal law How can someone manufacture a SBR if the the receiver is already manufactured. Why is that not assembling and not legal under state law?

I don't get it because it was stated that you can manufacture a single shot AR or AK pistol with a sled. and as soon as it is in that configuration you can then "MODIFY" it by removing the sled and installing a ten round mag.

I don't get the difference between removing and replacing an upper compared to removing a sled and replacing with a mag.

Sorry if this has already been covered

[WARDOG]

Stott-
This has been covered a bit, kind of.
I cannot answer your questions that are AK specific. I don't own any AK's.
Regarding the "manufacture" part.
in Kal. a "manufacturer" is a business that is licensed to mass produce firearms(s) with the intent to sell the firearms they make.

If YOU complete an 80% AK, it is the same as making an AK from a block of steel, or bent from sheet metal, or from a bag of nails.
As an unlicensed individual, you are MAKING, not "manufacturing" a firearm for personal use.
The moment you have the intent to sell, or give away the firearm you are MAKING, you become a 'manufacturer" and therefore must be licensed and pay all of those fees, and are required to apply a manufacturers name and serial # according to rules.

I started a thread on a topic like this a few months ago but it quickly got mired with a bunch of jack-***** responses so I ended it.
There were a few good contributors and this was a good link provided: http://www.weaponeer.net/forum/forum_topics.asp?FID=7
I am putting together a training for our local law enforcement. I got quite a bit of info from weaponeer and Cofax Tactical.
I hope this helped.

[couch]

That's always been my understanding is your intent classified you as a manufacturer compared to just someone that's making them for themselves, even if you sell one or more down the line.

The term manufacturing is really what is so unclear in all the code.

If I machine my own AR lower, build a rifle then decide to sell it, I can given the proper markings/etc. However, how often can I do this until I become a mfg? There is no clear answer.

I'm no lawyer, but its not about what they say you can do, but what you can't do. I don't see anywhere saying I can't legally machine my own AR's and realize I don't want it, every week...

[antix2]

I use words like 'building' or 'making' because my dictionary define 'manufacture' like this:

manufacture |ˌmanyəˈfakCHər| noun
the making of articles on a large scale using machinery:

(Now, does 'large scale' = 'intent to sell'?
Of course not but it does have a nice ring to it.)

[kcstott]

I think I just answered my own question.

What was bugging me was the Manufacture statement. Now a 12020(A) also list possession as being illegal. I missed that. No where in 12133 is it illegal to possess a off roster handgun. just the normal blather of Manufacture, Importation, Lend. Loan, Sell.
Yada yada.

I got it now. It the possession thing an nothing else.
Thanks guys.