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AR Pistols, What is legal?

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  • #46
    Cokebottle
    Seņor Member
    CGN Contributor - Lifetime
    • Oct 2009
    • 32373

    Originally posted by jink122
    Any legal evidence of the comment that it is LEGAL to remove sled once at home? Not challenging your comment, more so being safer with my decisions with firearms. DOJ wont find pitty or budge if i say "Someone from calguns said it was ok."
    The PC does not state what is legal, unless it is an exception to something that is ordinarily illegal, IE:
    PC 12026(a) Section 12025 shall not apply to or affect any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, who carries, either openly or concealed, anywhere within the citizen' s or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident any pistol, revolver, or other firearm capable of being concealed upon the person.
    If something is illegal, the PC indicates that it is illegal.
    If it is not indicated as being illegal in the PC, then it is legal.

    The PC does not say that it is legal to walk and chew gum at the same time.
    - Rich

    Originally posted by dantodd
    A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

    Comment

    • #47
      Cokebottle
      Seņor Member
      CGN Contributor - Lifetime
      • Oct 2009
      • 32373

      Originally posted by jink122
      Someone is offering me a LMT 80% lower, no dros saying I can build an AR pistol out of it.
      Yes, you can.
      Without the FCG pocket machined, it is not a lower... it is a piece of aluminum that looks like a lower.
      No DROS required.

      Once you machine the part, it becomes a firearm. You literally manufactured it. At that point, you must FIRST assemble it with a barrel at least 6" long, and a single shot sled. The sled only needs to be inserted, the upper attached, and the sled may then be removed and replaced with a 10rd magazine.

      IF you decide that you don't like it, you may then sell it, but it must go through an FFL since it is now a firearm.
      Prior to transfer, the lower must be engraved with your name, city, model, caliber (may be "multi"), and serial number.

      PPT are exempt from the roster, so you may transfer the pistol to someone else without reinstalling the sled.
      - Rich

      Originally posted by dantodd
      A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

      Comment

      • #48
        slappomatt
        Senior Member
        • Nov 2008
        • 668

        meh NM.
        Last edited by slappomatt; 10-01-2010, 12:12 AM.
        My Current AR15 Config.

        Comment

        • #49
          jink122
          Banned
          • Mar 2010
          • 761

          ok so NFA question, So if i buy an AR pistol, i can legally own a short barrel uner 10" for it, but I can also then legally own an AR rifle upper correct? Can i own multiple uppers for my pistol if I only have one lower AND have an AR rifle?

          Comment

          • #50
            Cokebottle
            Seņor Member
            CGN Contributor - Lifetime
            • Oct 2009
            • 32373

            Originally posted by jink122
            ok so NFA question, So if i buy an AR pistol, i can legally own a short barrel uner 10" for it, but I can also then legally own an AR rifle upper correct? Can i own multiple uppers for my pistol if I only have one lower AND have an AR rifle?
            Yes.

            Constructive Possession follows a guideline that favors the owner if there is a possible legitimate use for the "parts", unless facts otherwise indicate that there is illegal intent.

            A 2 litre coke bottle can be a silencer, but it can also simply be an empty coke bottle that you are saving for the recycling center.
            A potato, some PVC, a can of hairspray, and a lighter can be a destructive device, but it can be simply a potato for dinner, some PVC for the garden drainage system, some hairspray for your kid who's in an '80s tribute band, and a lighter for starting fires.

            Some galvanized pipe, a couple of pipe caps, and a case of wooden matches can be simply plumbing parts and a SHTF stock of matches... but if investigation reveals that you have been making plans to harm others, they are "bomb making materials".

            Possession of the short barreled upper and a "rifle" lower, absent the possession of a "non-rifle" lower, results in there being ONLY an illegitimate use for the SBU, regardless of intent.

            As mentioned previously... This applies not only to uppers, but to other items:

            You own a handgun with a rail.
            You want to build an AR.
            You go to Riflegear and put a deposit on a new Calguns Bear lower (shameless plug). While you are there, you see that they have the Grip-Pod in stock, and think "Hmm, that'll be a cool addition to my AR", and you buy it.

            You are now in Constructive Possession of an AOW, since mounting the grip to the handgun would manufacture an AOW, and you have no long guns that the grip would be legal to install on, even though you didn't even think of it and have no intent to install the grip on the handgun... Until you take physical possession of the AR lower, you have no legal use for the grip.
            - Rich

            Originally posted by dantodd
            A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

            Comment

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