Unconfigured Ad Widget

Collapse

Rebuild kits legal?

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • smith629
    Senior Member
    • May 2009
    • 873

    Rebuild kits legal?

    Hey guys I have been out of action for a while and not following this forum...are you legally able to buy/sell rebuild kits still or has this all been outlawed? I have a few 30rnd rebuild kits for an ar15 I bought a while back I have left over so want to check if the police will come bust down my door and fine me a bajillion dollars if I try to sell them.
  • #2
    Tincon
    Mortuus Ergo Invictus
    CGN Contributor - Lifetime
    • Nov 2012
    • 5062

    NO: http://leginfo.legislature.ca.gov/fa...=201320140AB48
    My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance.

    Comment

    • #3
      bruss01
      Calguns Addict
      • Feb 2006
      • 5336

      Your question deserves a bit of clarification.

      Posession of large capacity (10+) magazines has not been outlawed.

      Posession of rebuild kits for large capacity magazines (10+) has not been outlawed.

      However, the ACQUISITION of both large capacity magazines and rebuild kits HAS IN FACT been outlawed.

      So if you want to keep your unassembled rebuild kits, you are fine to do so. If
      However, if you are looking to sell them as parts, then you should either:

      a. Sell them as kits, out of state.
      or
      b. Split them up and sell them as individual pieces (floor plate, spring, mag body, follower). If you want to be on the safe side, never sell someone all four components in the same transaction to avoid being accused of selling a "kit". The selling of individual magazine pieces is still legal.
      or
      c. Assemble them as blocked/limited 10 round magazines, and sell them in or out of state.

      So, options, you haz dem.
      The one thing worse than defeat is surrender.

      Comment

      • #4
        CessnaDriver
        I need a LIFE!!
        • Feb 2009
        • 10500

        I don't think we are sure you can legally sell a large capacity magazine housing yet.


        "Yeah, like... well, I just want to slap a hippie or two. Maybe even make them get jobs."

        Comment

        • #5
          bruss01
          Calguns Addict
          • Feb 2006
          • 5336

          I don't think we are sure you can legally sell a large capacity magazine housing yet.
          If the word "kit" is not defined in the bill - and I am nearly certain that there is no usably specific definition - then it would be a stretch to call a single isolated part, by itself, as being a "kit". The mag body by itself is obviously a part... a part of what, depends on the assembly. It may be a part of a fully CA legal 10 round magazine. I'm not aware of any definition in the law that calls out a mag body as being a kit all on it's own. Anything that is not stated in law as being illegal, is presumptively legal. I'm not a lawyer, but the forgoing understanding is congruent with all the legal reasoning I have heard to date.
          The one thing worse than defeat is surrender.

          Comment

          • #6
            CessnaDriver
            I need a LIFE!!
            • Feb 2009
            • 10500

            Originally posted by bruss01
            If the word "kit" is not defined in the bill - and I am nearly certain that there is no usably specific definition - then it would be a stretch to call a single isolated part, by itself, as being a "kit". The mag body by itself is obviously a part... a part of what, depends on the assembly. It may be a part of a fully CA legal 10 round magazine. I'm not aware of any definition in the law that calls out a mag body as being a kit all on it's own. Anything that is not stated in law as being illegal, is presumptively legal. I'm not a lawyer, but the forgoing understanding is congruent with all the legal reasoning I have heard to date.

            It's the bit about "device" that gives pause.


            "Yeah, like... well, I just want to slap a hippie or two. Maybe even make them get jobs."

            Comment

            • #7
              Quiet
              retired Goon
              • Mar 2007
              • 30241

              Originally posted by bruss01
              Your question deserves a bit of clarification.

              Posession of large capacity (10+) magazines has not been outlawed.

              Posession of rebuild kits for large capacity magazines (10+) has not been outlawed.

              However, the ACQUISITION of both large capacity magazines and rebuild kits HAS IN FACT been outlawed.

              So if you want to keep your unassembled rebuild kits, you are fine to do so. If
              However, if you are looking to sell them as parts, then you should either:

              a. Sell them as kits, out of state.
              or
              b. Split them up and sell them as individual pieces (floor plate, spring, mag body, follower). If you want to be on the safe side, never sell someone all four components in the same transaction to avoid being accused of selling a "kit". The selling of individual magazine pieces is still legal.
              or
              c. Assemble them as blocked/limited 10 round magazines, and sell them in or out of state.

              So, options, you haz dem.
              sigpic

              "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

              Comment

              • #8
                mdfb63
                Member
                • Nov 2012
                • 116

                As I understand the law, you may not sell, expose for sale, give, lend, etc. anything that can be assembled to function as a magazine capable of delivering more than 10 rounds. There is some gray area on whether or not a permanently blocked magazine is still legal to sell (since technically, it can be altered to deliver more than 10 rounds). I don't see how breaking up the sale in to the parts will be completely gtg. Maybe you could sell the base plate and the follower and a buddy could sell the spring and the body?

                Comment

                • #9
                  bruss01
                  Calguns Addict
                  • Feb 2006
                  • 5336

                  A steel anvil can be machined into a magazine capable of delivering more than ten rounds. So can a solid block of plastic. If you are patient and determined almost ANYTHING can be assembled to function as a magazine capable of delivering more than ten rounds. Using your definition, anything that is physically large enough (or capable of being welded, taped or glued together) is illegal to sell, expose for sale, give, lend, etc.

                  The point was that a mag body, by itself, UNLESS YOU ADD SOMETHING TO IT, OR ALTER IT IN SOME WAY can't be assembled into a 10+ magazine. It would be missing important parts that are needed. It won't function without a spring, it won't function without a follower, and I'm wondering how on earth you would get it to work without a floor plate. It wouldn't. You would have to add those things. Lacking those things, it cannot be assembled into a hi-cap mag. Magazine parts, by themselves, cannot be illegal. Suppose you have a ten round AR magazine (short body). You lose the follower or kink the spring. Are you now unable to buy a replacement follower or spring, on the rationale that someone may use such a part to assemble a hi-cap magazine? That makes no logical sense and I do not see any justification for it in the law. I don't see magazine bodies ("tubes") called out for specific attention not given to baseplates, springs or followers. I do not see justification for your viewpoint in the law.
                  The one thing worse than defeat is surrender.

                  Comment

                  • #10
                    Champagne-N-Beer
                    Senior Member
                    • Jan 2014
                    • 519

                    This law still baffles me as pmag 10/30's are still available for purchase at local gs's. I can understand Lancer mags as they make 10/30 mags but Magpul does not. Hence, It is my understanding that in order to "sell" a Magpul pmag 10/30 magazine, the 30 round mag need to be purchased, then a kit is used to alter the mag to 10/30, then re-sold as a 10/30 at the local gs. Would that not mean a kit is being used to alter the pmag? If so, are these being altered out of state and then introduced as a 10/30 mag? Am I missing something?

                    Comment

                    • #11
                      Librarian
                      Admin and Poltergeist
                      CGN Contributor - Lifetime
                      • Oct 2005
                      • 44626

                      Originally posted by Champagne-N-Beer
                      This law still baffles me as pmag 10/30's are still available for purchase at local gs's. I can understand Lancer mags as they make 10/30 mags but Magpul does not. Hence, It is my understanding that in order to "sell" a Magpul pmag 10/30 magazine, the 30 round mag need to be purchased, then a kit is used to alter the mag to 10/30, then re-sold as a 10/30 at the local gs. Would that not mean a kit is being used to alter the pmag? If so, are these being altered out of state and then introduced as a 10/30 mag? Am I missing something?
                      Gun stores with a large-capacity mag permit may import the mags and the kits, and do such conversions in CA. Otherwise, properly converted mags hold only 10 rounds, and 10-round mags are legal to import and sell.
                      ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                      Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                      Comment

                      Working...
                      UA-8071174-1