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What is the legal status of an OLL w/o any mag button at all?

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  • #16
    hoffmang
    I need a LIFE!!
    • Apr 2006
    • 18448

    No centerfire upper, no banned semi auto centerfire rifle.

    -Gene
    Gene Hoffman
    Chairman, California Gun Rights Foundation

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    • #17
      santacruzstefan
      Veteran Member
      • Jul 2009
      • 4796

      What if it was a complete centerfire rifle, but just without the mag catch? If the magazine couldn't be attached, then it also couldn't be detached (since "detachable" assumes it was attached in the first place). Not sure how useful this would be, having to hold the magazine just right/ risk misfeeds, but why wouldn't this be legal?
      Last edited by santacruzstefan; 10-09-2011, 9:40 PM.
      This may sound strange and unbelievable to you, but it is real and true.
      - excerpt from Nigerian scam email

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      • #18
        POLICESTATE
        I need a LIFE!!
        • Apr 2009
        • 18185

        Still able to insert it into the weapon, hold the mag in place with one hand while operating it with the other and then able to switch mags. I'm going to say at best it's a risky gray area, at worst it's a felony.

        YMMV, IANAL
        -POLICESTATE,
        In the name of the State, and of the School, and of the Infallible Science


        sigpic


        Government Official Lies
        . F r e e d o m . D i e s .

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        • #19
          Librarian
          Admin and Poltergeist
          CGN Contributor - Lifetime
          • Oct 2005
          • 44627

          Originally posted by santacruzstefan
          What if it was a complete centerfire rifle, but just without the mag catch? If the magazine couldn't be attached, then it also couldn't be detached (since "detachable" assumes it was attached in the first place). Not sure how useful this would be, having to hold the magazine just right/ risk misfeeds, but why wouldn't this be legal?
          Wrong assumption.

          A magazine-locked lower is not capable of accepting a 'detachable' magazine, because the lock forces the user to use a tool to disassemble the magazine from the gun. That remains true even when there is no magazine present.
          ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

          Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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          • #20
            santacruzstefan
            Veteran Member
            • Jul 2009
            • 4796

            Originally posted by Librarian
            Wrong assumption.

            A magazine-locked lower is not capable of accepting a 'detachable' magazine, because the lock forces the user to use a tool to disassemble the magazine from the gun. That remains true even when there is no magazine present.
            I understand, but a rifle without a mag catch also can't accept a detachable magazine, right?
            This may sound strange and unbelievable to you, but it is real and true.
            - excerpt from Nigerian scam email

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            • #21
              Purple K
              CGN/CGSSA Contributor
              CGN ContributorCGN Contributor - Lifetime
              • Dec 2008
              • 3101

              Without a magazine catch/spring/button it's not even a complete lower, it's just parts. Without an upper attached it's not even a complete rifle. Parts is parts.
              sigpic

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              • #22
                Librarian
                Admin and Poltergeist
                CGN Contributor - Lifetime
                • Oct 2005
                • 44627

                If a mag could be inserted and somehow used, and then removed without using a tool, yes, it can accept a 'detachable' magazine.

                If the magazine cannot be used to feed cartridges (because of a magazine latching problem), then the rifle/lower is somehow broken.

                That particular condition might be legally benign. Other 'broken' states, such as multiple rounds fired from a semi-auto with only one activation of the trigger mechanism, are not benign.
                ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                Comment

                • #23
                  bwiese
                  I need a LIFE!!
                  • Oct 2005
                  • 27621

                  There seems to be mixups above, with some people answering the right answer for wrong question.. so, clarifying the permutations:

                  • for AR architecture, an OLL lower receiver - with any or all relevant 12276.1 PC 'features'
                    (pistol grip, telestock/folder stock, etc.) is neither semiautomatic, nor centerfire since no
                    upper is attached (and arguable not a rifle).

                    The presence or absence of the mag catch, BulletButton maglock or related inserted magazine
                    is irrelevant in this particular instance.
                    .
                  • An assembled OLL semiautomatic centerfire rifle (i.e., this upper is attached to lower) with PC
                    12276.1 'characteristic features' present (pistol grip, telestock, flash hider, etc.) MUST have
                    a maglock
                    a la BulletButton installed.

                    If such a rifle has NO mag catch installed, it is still entirely capable of accepting a 'detachable
                    magazine' per the 11 CCR 5469(a) regulatory definition, and the gun will even be somewhat
                    operational. Don't be stupid and do this.

                    Additionally, this configuration cannot use over-10-round magazines.
                    .
                  • An assembled "featureless" semauto centerfire rifle (no 12276.1PC 'evil features' installed) can
                    have an ordinary mag catch or no mag catch at all. These configurations can use an over-10
                    round magazine - unless a maglock were installed (!!)
                    .
                  • Rimfire rifles are generally not subject to the above.... however:

                    VERY IMPORTANT: if your rimfire rifle...
                    .
                    • uses a standard 5.56/223 (and not 22LR) barrel;
                    • no other mods besides a Ciener-style conversion (i.e, new special 22LR bolt carrier + 22LR mags);
                    • has no BulletButton-style maglock;
                      .

                    ... there is substantial risk that when the rimfire bolt assembly is removed, the gun may be regardable
                    as a 'Broken AW'
                    (and not a disassembled 22LR).

                    There's already been losing court drama on "broken gun still is an AW" with bolt carrier removed, so don't
                    push the limits.

                    Disassembly/reassembly of this style rimfire rifle should involve taking the upper off first before removing
                    the 22LR conversion bolt assembly
                    .
                    Reassembly is the reverse, and the 22LR bolt assembly should be installed in
                    the upper before attaching the upper to the lower receiver. SEQUENCY IS IMPORTANT.

                    The above warning is not applicable for custom 22LR rimfire uppers that are readily determinable to be rimfire only.


                    .



                  .

                  Last edited by bwiese; 10-09-2011, 10:55 PM.

                  Bill Wiese
                  San Jose, CA

                  CGF Board Member / NRA Benefactor Life Member / CRPA life member
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                  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

                  • #24
                    killmime1234
                    Senior Member
                    • Mar 2009
                    • 1536

                    As it has been stated above in many ways, if it has a centerfire upper and "evil" features, it would be illegal.

                    Assuming we're talking about a firearm with evil features and a centerfire upper:

                    If you can remove the magazine from the receiver without a tool, regardless of your own definition of "detachable," it is illegal.

                    If you can remove the magazine from the receiver without a tool, regardless of whether or not it has a mechanism to retain it in the receiver, it is illegal.

                    Comment

                    • #25
                      Munk
                      Senior Member
                      • Jun 2010
                      • 2124

                      I believe the summary is: Check the flowchart. If it's not addressed, it's not relevant.
                      Originally posted by greasemonkey
                      1911's instill fairy dust in the bullets, making them more deadly.

                      Comment

                      • #26
                        pacrimguru
                        Veteran Member
                        • Sep 2008
                        • 3595

                        Originally posted by bwiese
                        There seems to be mixups above, with some people answering the right answer for wrong question.. so, clarifying the permutations:

                        • for AR architecture, an OLL lower receiver - with any or all relevant 12276.1 PC 'features'
                          (pistol grip, telestock/folder stock, etc.) is neither semiautomatic, nor centerfire since no
                          upper is attached (and arguable not a rifle).

                          The presence or absence of the mag catch, BulletButton maglock or related inserted magazine
                          is irrelevant in this particular instance.
                          .
                        • An assembled OLL semiautomatic centerfire rifle (i.e., this upper is attached to lower) with PC
                          12276.1 'characteristic features' present (pistol grip, telestock, flash hider, etc.) MUST have
                          a maglock
                          a la BulletButton installed.

                          If such a rifle has NO mag catch installed, it is still entirely capable of accepting a 'detachable
                          magazine' per the 11 CCR 5469(a) regulatory definition, and the gun will even be somewhat
                          operational. Don't be stupid and do this.

                          Additionally, this configuration cannot use over-10-round magazines.
                          .
                        • An assembled "featureless" semauto centerfire rifle (no 12276.1PC 'evil features' installed) can
                          have an ordinary mag catch or no mag catch at all. These configurations can use an over-10
                          round magazine - unless a maglock were installed (!!)
                          .
                        • Rimfire rifles are generally not subject to the above.... however:

                          VERY IMPORTANT: if your rimfire rifle...
                          .
                          • uses a standard 5.56/223 (and not 22LR) barrel;
                          • no other mods besides a Ciener-style conversion (i.e, new special 22LR bolt carrier + 22LR mags);
                          • has no BulletButton-style maglock;
                            .

                          ... there is substantial risk that when the rimfire bolt assembly is removed, the gun may be regardable
                          as a 'Broken AW'
                          (and not a disassembled 22LR).

                          There's already been losing court drama on "broken gun still is an AW" with bolt carrier removed, so don't
                          push the limits.

                          Disassembly/reassembly of this style rimfire rifle should involve taking the upper off first before removing
                          the 22LR conversion bolt assembly
                          .
                          Reassembly is the reverse, and the 22LR bolt assembly should be installed in
                          the upper before attaching the upper to the lower receiver. SEQUENCY IS IMPORTANT.

                          The above warning is not applicable for custom 22LR rimfire uppers that are readily determinable to be rimfire only.


                          .



                        .

                        fantastic, thank you.

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