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  • at2wooden
    Junior Member
    • Jun 2009
    • 2

    Legal AR15 Uppers

    Are 16" AR15 uppers (upper only) with standard thread A2 flash hiders and bayonette lugs legal in CA?
    Any restrictions at all?
    Anyone have a reference if not?

    LMT Moe 1.JPG
  • #2
    bwiese
    I need a LIFE!!
    • Oct 2005
    • 27621

    Rifle uppers themselves are not controlled in CA nor Federally.

    The upper you describe could be used either on
    1.) a registered assault weapon; or
    2.) an off-list lower (OLL) using a fixed 10rd magazine.

    Since the upper has a flash hider it cannot be used on "featureless" builds (i.e., gripless or MonsterMan builds).

    Bill Wiese
    San Jose, CA

    CGF Board Member / NRA Benefactor Life Member / CRPA life member
    sigpic
    No postings of mine here, unless otherwise specifically noted, are
    to be construed as formal or informal positions of the Calguns.Net
    ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
    employer. No posts of mine on Calguns are to be construed as
    legal advice, which can only be given by a lawyer.

    Comment

    • #3
      BKinzey
      OT Banned
      CGN Contributor
      • May 2009
      • 4390

      The bayonet lug is NOT considered a "Feature."

      See Below....
      Last edited by BKinzey; 06-29-2009, 6:43 PM. Reason: Oops
      Rogue American, Media Mercenary.
      "A firearm is just a tool. Any tool can be used as a weapon, but the most powerful weapons were written."

      Comment

      • #4
        bwiese
        I need a LIFE!!
        • Oct 2005
        • 27621

        Originally posted by BKinzey
        The bayonet lug is also considered a "Feature."
        Bzzzzt, WRONG!!

        The bayonet lug is NOT a feature and is not a controlled item under any CA law. You can have 15 dozen bayonet lugs on any rifle in CA and the bayonet lug will not trigger AW status.

        You are conflating parameters of the expired Federal AW ban (1994-2004) with California's currently-operative AW ban.

        Bill Wiese
        San Jose, CA

        CGF Board Member / NRA Benefactor Life Member / CRPA life member
        sigpic
        No postings of mine here, unless otherwise specifically noted, are
        to be construed as formal or informal positions of the Calguns.Net
        ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
        employer. No posts of mine on Calguns are to be construed as
        legal advice, which can only be given by a lawyer.

        Comment

        • #5
          CHS
          Moderator Emeritus
          CGN Contributor - Lifetime
          • Jan 2008
          • 11338

          Originally posted by at2wooden
          Are 16" AR15 uppers (upper only) with standard thread A2 flash hiders and bayonette lugs legal in CA?
          Any restrictions at all?
          Anyone have a reference if not?
          What Bill said is exactly correct. Just to reiterate, an upper by itself, even having restricted "features" is not controlled in CA and is perfectly legal. There is also no constructive possession in CA law for assault weapons, so you can own a lower and an upper, even if the combination of the two would equal an assault weapon.

          Originally posted by BKinzey
          The bayonet lug is also considered a "Feature."
          This is flat-out wrong. Do not listen to this person.

          These are the "Evil Features" in CA that you cannot have if the semi-automatic centerfire rifle has the capacity to accept a detachable magazine.

          (A) A pistol grip
          (B) A thumbhole stock.
          (C) A folding or telescoping stock.
          (D) A grenade launcher or flare launcher.
          (E) A flash suppressor.
          (F) A forward pistol grip.

          Please note the lack of bayonet lug on this list. Also realize that none of these features on an upper by itself have the ability to trigger assault weapon status.
          Please read the Calguns Wiki
          Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.
          --Cesare, Marquis of Beccaria, "On Crimes and Punishment"

          Comment

          • #6
            at2wooden
            Junior Member
            • Jun 2009
            • 2

            Thank you gentlemen....sounds like you know what you're talking about.
            I'm in Florida, so all these rules and regs make no sense to me, but I did have someone out your way asking me to sell him this upper.
            I appreciate your time and expertise. I tried reading up on this to find out for myself, but it was giving me a migraine.

            "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed."
            Second Amendment to the US Constitution December 15th 1791
            Last edited by at2wooden; 06-29-2009, 5:35 PM.

            Comment

            • #7
              squishyhead
              Member
              • Nov 2008
              • 228

              I still get all warm and fuzzy when I read "grenade launcher" in the list of California's "evil features."
              "I have 3 lower receivers, 1 upper receiver and two middle fingers." -tiki

              "As someone I know said one time, going after NFA stuff right now is like asking the girl you just met in the bar if she's into anal sex. Babysteps..." -leitung

              Comment

              • #8
                G17GUY
                Senior Member
                • Sep 2006
                • 2343

                You can checkout calguns vendors, you will find that AR-15 uppers are legal and available to the california market.

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