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ATF letter on pistols from virgin recivers

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  • JeepsRcool
    Junior Member
    • Aug 2009
    • 41

    ATF letter on pistols from virgin recivers

    Got this from arfcom, how does this affect the belief that a CA sold virgin receiver could be called a long gun, as that is how it is labeled when set to ca doj? As there is no box for receiver....
    Would this alleviate that possible jam up?


    OG link/
  • #2
    MikeR
    Veteran Member
    • Nov 2008
    • 2573

    Wow, so according to that the two stripped lowers i have that have never been anything but stripped lowers could be made into pistols? Hummm who is going first?

    Comment

    • #3
      jamesob
      Veteran Member
      • Jan 2008
      • 4821

      i have pondered this alot. i wouldn't see a problem with doing a vollunteery registration for a pistol from a stripped lower. atf wouldn't have a problem since the dealer logged it out as a stripped lower. i'm not sure what the doj could do really. but others here could give you better and more acurate advice.

      Comment

      • #4
        ke6guj
        Moderator
        CGN Contributor - Lifetime
        • Nov 2003
        • 23725

        We've seen that letter posted before. You should be fine federally. The issue is on the CA side to as whether a long gun DROS forever taints a stripped lower as a rifle, and that if assembled with a <16" barrel makes an SBR.

        Similar issue with the .50BMG Ma Duece. It doesn't meet the definition of a rifle, is just a long gun, so it shouldn't fall under the .50BMG rifle ban. But that hasn't stopped CADOJ from confiscating at least one MaDuece as being an unregistered .50BMG rifle.
        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

        • #5
          Mstrty
          Senior Member
          • Nov 2008
          • 2443

          Hmmm. Someone please test this in the courts and get back to me.
          ~ ~

          Comment

          • #6
            five.five-six
            CGN Contributor
            • May 2006
            • 34737

            Originally posted by bombmaster
            Hmmm. Someone please test this in the courts and get back to me.
            ^ that

            Comment

            • #7
              JeepsRcool
              Junior Member
              • Aug 2009
              • 41

              If one where confronted with the pistol built from a virgin receiver, and it had its serial number ran, how would they obtain doj records with out an intensive investigation? And when they have all records they would see the dealers logbook with receiver written in and that coupled with this letter...They certainly would have no case.

              If they could win with the long gun accusation in the courts then we effectively have an impromptu long gun registration already in effect...

              So where do we go from hear, wait it out for a move in the courts, or have a mass amount of builds from virgin receivers into pistols.

              Comment

              • #8
                thedrickel
                Calguns Addict
                • Apr 2006
                • 5553

                Just ppt the stripped lower to the next guy as a handgun
                I hate people that are full of hate.

                It's not illegal to tip for PPT!

                Comment

                • #9
                  ke6guj
                  Moderator
                  CGN Contributor - Lifetime
                  • Nov 2003
                  • 23725

                  how does one do the handgun safety demo on a stripped receiver?
                  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

                  • #10
                    FS00008
                    Senior Member
                    • May 2008
                    • 1975

                    Anyone notice the typo in the second half of the letter...?

                    "right" instead of "write"?
                    "No posts of mine on Calguns are to be construed as
                    legal advice, which can only be given by a lawyer."

                    Comment

                    • #11
                      wildhawker
                      I need a LIFE!!
                      • Nov 2008
                      • 14150

                      Originally posted by ke6guj
                      how does one do the handgun safety demo on a stripped receiver?
                      How does one do a safety demo with a hicap handgun and no assembled hicap or std cap mags present?
                      Brandon Combs

                      I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

                      My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

                      Comment

                      • #12
                        ke6guj
                        Moderator
                        CGN Contributor - Lifetime
                        • Nov 2003
                        • 23725

                        Originally posted by wildhawker
                        How does one do a safety demo with a hicap handgun and no assembled hicap or std cap mags present?
                        that too. An LEO friend of mine sold a hangun that had large-capacity magazines. I told him that if he sold to a non-LEO that he would need to break down the mags into parts kits, but that he should hang onto one magazine incase the dealer needed to do do the safety demo. Then, after the demo, break down the last mag and give the buyer the parts. I don't know what actually transpired at the dealer that day, but AFAIK, the deal went off fine.
                        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

                        • #13
                          savageevo
                          Senior Member
                          • Oct 2006
                          • 1220

                          any way you can turn that letter into a pdf file so I can print it out and put it in my files. Letters like these are good to hold on to.

                          Comment

                          • #14
                            freakshow10mm
                            Veteran Member
                            • Jun 2008
                            • 3061

                            Print it as a jpeg. If you're on a Mac, click and drag to the desktop, then print.

                            Comment

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