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is mounting a 22 upper on a listed lower legal?

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  • Ryan C
    Junior Member
    • Jan 2010
    • 69

    is mounting a 22 upper on a listed lower legal?

    if someone had a unregistered listed lower and mounted it on a 22 upper would this still be considered a raw and legal?
  • #2
    Aleksandr Mravinsky
    Member
    • Feb 2010
    • 239

    According to the flowchart (and my instincts) it would be considered an unregistered assault rifle. The .22 calibre comes in when determining if it is an assault weapon by features rather than an assault weapon by name.
    A government big enough to give you everything you want is strong enough to take everything you have.

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    • #3
      Bhobbs
      I need a LIFE!!
      • Feb 2009
      • 11848

      If it is unregistered it isn't a RAW.

      Comment

      • #4
        hoffmang
        I need a LIFE!!
        • Apr 2006
        • 18448

        This is a wildly gray area but I think it would be illegal.

        You would be clear of 12276.1. However, you have a firearm that meets this definition:


        semiautomatic firearms:
        As it transitioned from a lower receiver for a named AW (very unclear the legality here) to a semiautomatic firearm. For the original Roberti-Roos list, centerfire isn't required.

        -Gene
        Gene Hoffman
        Chairman, California Gun Rights Foundation

        DONATE NOW
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        Opinions posted in this account are my own and not the approved position of any organization.
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        "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon

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        • #5
          ke6guj
          Moderator
          CGN Contributor - Lifetime
          • Nov 2003
          • 23725

          exactly, 12276 applies to both rimfire and centerfire firearms.
          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.

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          • #6
            Noxx
            Senior Member
            • Aug 2009
            • 1653

            Alek has it. The rimfire component does not enter into it, as the lower is listed. No dice.

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            • #7
              Carnivore
              Senior Member
              • Aug 2009
              • 1813

              Since the lower is the only registered part of the rifle. As I understand it, having that alone (listed model) is illegal. Putting anything legal on top doesn't get around the lower being listed. Might win the argument in court but not worth the risk of a felony conviction to try.
              sigpic

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              • #8
                ElvenSoul
                I need a LIFE!!
                • Apr 2008
                • 17431

                Talk to Palmetto State Armory...they have a super deal right now on Lowers.
                sigpic

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                • #9
                  Don29palms
                  Senior Member
                  • Jun 2010
                  • 1829

                  Originally posted by ElvenSoul
                  Talk to Palmetto State Armory...they have a super deal right now on Lowers.
                  Those are OLLs. They are legal in California. Buy as many as you want. The model PSA is selling is a PA-15 which is not listed.
                  Using gun control to stop crime is like trying to put out a fire with gasoline!
                  You don't have to get permission to exercise a RIGHT. If you have to get permission or can be told no by the government it is no longer a right. IT IS A PRIVILEGE!
                  AR-15 ASSEMBLY CHECK LIST FOR BUILDERS

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                  • #10
                    CHS
                    Moderator Emeritus
                    CGN Contributor - Lifetime
                    • Jan 2008
                    • 11338

                    Originally posted by Carnivore
                    Since the lower is the only registered part of the rifle. As I understand it, having that alone (listed model) is illegal. Putting anything legal on top doesn't get around the lower being listed. Might win the argument in court but not worth the risk of a felony conviction to try.
                    Technically a listed lower by itself IS NOT illegal. Since it has to be semi-automatic before it meets the full definition of a listed assault weapon.

                    However, it's not a battle anyone should be fighting (for now).

                    But legally speaking, I would feel comfortable having a Colt AR-15 stripped lower receiver in my safe.
                    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"

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                    • #11
                      stix213
                      AKA: Joe Censored
                      CGN Contributor - Lifetime
                      • Apr 2009
                      • 18998

                      Originally posted by hoffmang
                      This is a wildly gray area but I think it would be illegal.

                      You would be clear of 12276.1. However, you have a firearm that meets this definition:




                      As it transitioned from a lower receiver for a named AW (very unclear the legality here) to a semiautomatic firearm. For the original Roberti-Roos list, centerfire isn't required.

                      -Gene
                      Interesting that it seems putting an upper on, that is centerfire or rimfire, with a disabled gas system (making it like a bolt action) sounds like it could be legal on a listed lower.

                      Since off list lowers are so cheap though, I'd get rid of any unregistered listed lower. Not worth any drama over a $130 part.

                      Comment

                      • #12
                        slappomatt
                        Senior Member
                        • Nov 2008
                        • 668

                        So what about making it a single shot? put a bolt action upper on it. And or remove the gas system?
                        My Current AR15 Config.

                        Comment

                        • #13
                          CHS
                          Moderator Emeritus
                          CGN Contributor - Lifetime
                          • Jan 2008
                          • 11338

                          Originally posted by slappomatt
                          So what about making it a single shot? put a bolt action upper on it. And or remove the gas system?
                          Yes, it would technically be legal.

                          But the drama it would cause would not be worth it, unless CGF says they're willing to take that fight and you've got the money to donate

                          I'm comfortable with a stripped listed lower in my safe. That's about as far as my personal comfort level extends. I rock fully-featured bullet-buttoned off-list rifles at the range, however. So I'm not totally paranoid
                          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"

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                          • #14
                            hoffmang
                            I need a LIFE!!
                            • Apr 2006
                            • 18448

                            Originally posted by CHS
                            But the drama it would cause would not be worth it, unless CGF says they're willing to take that fight and you've got the money to donate
                            It's not worth the pain/treasure right now. It is useful fodder for legal filings though.

                            -Gene
                            Gene Hoffman
                            Chairman, California Gun Rights Foundation

                            DONATE NOW
                            to support the rights of California gun owners. Follow @cgfgunrights on Twitter.
                            Opinions posted in this account are my own and not the approved position of any organization.
                            I read PMs. But, if you need a response, include an email address or email me directly!


                            "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon

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