if someone had a unregistered listed lower and mounted it on a 22 upper would this still be considered a raw and legal?
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is mounting a 22 upper on a listed lower legal?
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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. -
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.semiautomatic firearms:
-GeneGene 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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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.Comment
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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.sigpicComment
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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 BUILDERSComment
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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.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.
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"Comment
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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.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
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
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So what about making it a single shot? put a bolt action upper on it. And or remove the gas system?Comment
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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"Comment
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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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