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  • morrcarr67
    I need a LIFE!!
    • Jul 2010
    • 14945

    AR Pistol Lower

    My sister lives in a Free State and will be moving back to CA next year. She is going to bring me an AR Pistol Lower. In Free States she can build a Pistol or Rifle from any lower she wants.

    So, here are my questions:

    A) Does the lower have to be marked as a "Pistol"

    B) How do I register it in CA as a "Pistol"

    I know that the Intrafamilar trans fer does not work sibling to sibling. My Sister will be giving the lower to my Mom and my Mom will then give it to me.

    When filling out the OpLaw form my Mom will list this lower as a "Pistol".

    Will this be all I need to have it registered as a "Pistol" in CA?
    Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

    Originally posted by Erion929
  • #2
    CHS
    Moderator Emeritus
    CGN Contributor - Lifetime
    • Jan 2008
    • 11338

    Originally posted by morrcarr67
    My sister lives in a Free State and will be moving back to CA next year. She is going to bring me an AR Pistol Lower. In Free States she can build a Pistol or Rifle from any lower she wants.
    Actually, there is really no such thing as a "pistol" AR lower. AR lowers are ARE lowers. She will have to make sure that the 4473 is marked as type "other" and in the description the dealer should put "receiver" or "frame only".

    A) Does the lower have to be marked as a "Pistol"
    Nope. That marking literally has no meaning whatsoever in a legal context.

    B) How do I register it in CA as a "Pistol"

    I know that the Intrafamilar trans fer does not work sibling to sibling. My Sister will be giving the lower to my Mom and my Mom will then give it to me.

    When filling out the OpLaw form my Mom will list this lower as a "Pistol".
    Do not do this. It is technically lying. The receiver is not a pistol nor does it require any kind of registration. You CAN voluntarily register it if it makes you feel better, but you should only do that once you have built up the receiver into an actual pistol so that your registration description will match the actual characteristics of the pistol you've built (barrel length, caliber, etc).

    The other option is just walk into a gun shop who knows how to properly DROS "pistol receivers" (in the DROS you can actually put in "frame only" as a pistol option) and PPT the receiver from your sister to you. It will cost you $35 as opposed to $19, and you'll have to deal with the 10-day waiting period, however it will become automatically registered to you in AFS as a pistol frame in the proper way.

    However, this is technically a way to have an unregistered pistol lawfully in California. So there's that to think about.
    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

    • #3
      morrcarr67
      I need a LIFE!!
      • Jul 2010
      • 14945

      Originally posted by CHS
      however it will become automatically registered to you in AFS as a pistol frame in the proper way.

      However, this is technically a way to have an unregistered pistol lawfully in California. So there's that to think about.
      Ok I fallowed everything you said up until this last couple of things.

      What is AFS?

      What do you mean by your last sentence?
      Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

      Originally posted by Erion929

      Comment

      • #4
        morrcarr67
        I need a LIFE!!
        • Jul 2010
        • 14945

        Originally posted by CHS

        Do not do this. It is technically lying. The receiver is not a pistol nor does it require any kind of registration. You CAN voluntarily register it if it makes you feel better, but you should only do that once you have built up the receiver into an actual pistol so that your registration description will match the actual characteristics of the pistol you've built (barrel length, caliber, etc).
        Law says sister has 30 days to register, sell or dispose of her handguns when moving to CA.

        Could I build the pistol out of the lower once she comes in? Then when she gives it to my Mom she would be able to say that it is a pistol with out lying.
        Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

        Originally posted by Erion929

        Comment

        • #5
          Quiet
          retired Goon
          • Mar 2007
          • 30241

          Originally posted by morrcarr67
          Ok I fallowed everything you said up until this last couple of things.

          What is AFS?
          AFS (Automated Firearms System) is a part of CLETS (California Law Enforcement Telecommunication System).

          AFS is the database that contains firearm owner information, CA CCW permit holder information and stolen firearm information.
          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

          • #6
            CHS
            Moderator Emeritus
            CGN Contributor - Lifetime
            • Jan 2008
            • 11338

            Originally posted by morrcarr67
            What is AFS?
            It's the database that registered pistols are part of.


            Originally posted by morrcarr67
            What do you mean by your last sentence?

            Law says sister has 30 days to register, sell or dispose of her handguns when moving to CA.
            An AR receiver is not a pistol. It's a title 1 "other". She doesn't have to register it because the law says she only has to register handguns.

            Could I build the pistol out of the lower once she comes in? Then when she gives it to my Mom she would be able to say that it is a pistol with out lying.
            Once your sister gives the receiver to your mom, your mom can turn around and give it to you. Once it's in your possession then you can build a pistol out of it. Since it was manufactured inside California rather than imported, there is no law requiring registering it. No one has to fill out the registration form and send $19 to the DOJ.

            If you WANT, you can register it. But there would be no law requiring it.
            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

            • #7
              morrcarr67
              I need a LIFE!!
              • Jul 2010
              • 14945

              Cool. Thanks for your input.

              I'm going to thread jack my self and ask you a different question on the same thing.

              Sister is also bring a Caspian .45 Frame. Would this need to listed on the OpLaw form? I see that there is a section that ask what type of weapon and "Other" is one of the options. Would Mom pick that option and type in "Frame"?
              Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

              Originally posted by Erion929

              Comment

              • #8
                stevelo7
                Junior Member
                • Oct 2010
                • 3

                You can Do. A family transfer between brother and sister just send in the. Paperwork and then get the weapon from her.

                Comment

                • #9
                  bwiese
                  I need a LIFE!!
                  • Oct 2005
                  • 27621

                  Originally posted by stevelo7
                  You can Do. A family transfer between brother and sister just send in the. Paperwork and then get the weapon from her.
                  WRONG.

                  Intrafamily transfers are only LINEAL - between parent, grandparent, child, grandchild ONLY.

                  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

                  • #10
                    morrcarr67
                    I need a LIFE!!
                    • Jul 2010
                    • 14945

                    Originally posted by stevelo7
                    You can Do. A family transfer between brother and sister just send in the. Paperwork and then get the weapon from her.
                    In everything I've ever read it must be parent/grandparent/child/grandchild could you please show me where you found that siblings can use the OpLaw form?
                    Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

                    Originally posted by Erion929

                    Comment

                    • #11
                      morrcarr67
                      I need a LIFE!!
                      • Jul 2010
                      • 14945

                      Originally posted by bwiese
                      WRONG.

                      Intrafamily transfers are only LINEAL - between parent, grandparent, child, grandchild ONLY.
                      That's what I thought
                      Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

                      Originally posted by Erion929

                      Comment

                      • #12
                        morrcarr67
                        I need a LIFE!!
                        • Jul 2010
                        • 14945

                        Originally posted by bwiese
                        WRONG.

                        Intrafamily transfers are only LINEAL - between parent, grandparent, child, grandchild ONLY.
                        That's what I thought

                        Bill could you address this:

                        Sister is also bring a Caspian .45 Frame. Would this need to listed on the OpLaw form? I see that there is a section that ask what type of weapon and "Other" is one of the options. Would Mom pick that option and type in "Frame"?
                        Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

                        Originally posted by Erion929

                        Comment

                        • #13
                          Anchors
                          Calguns Addict
                          • Apr 2010
                          • 5940

                          Agreed with CHS.
                          Receivers do not have to be registered when importing them to California.

                          I have a "pistol" lower in my safe right now (it is actually a "virgin" lower and has never been built as anything, so I can go either way with it).

                          I never registered it because the law doesn't require me to.

                          Here is the thread I started a while back with more info
                          http://calguns.net/calgunforum/showthread.php?t=406492

                          Comment

                          • #14
                            stevelo7
                            Junior Member
                            • Oct 2010
                            • 3

                            I did a. Transfer brother to brother they will do it.. Just send in the paper work. It will only cost you $19 if they don't except it. They will not keep your check.

                            Comment

                            • #15
                              Thecrazyone1
                              Member
                              • Sep 2010
                              • 466

                              A) Doesn't have to be marked pistol
                              B) Needs to have bullet button and zero round sled when brought into the state and has to be transfered and DROSd as single shot exempt. Then it can be converted to ten shot semi with bullet button.

                              Comment

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