Legality to buy, own & sell 10.5" complete upper

[45acpfan]

I have a good deal & chance to buy this exact upper and see the opportunity to resell it again & make profit out of it:

http://www.lmtstore.com/catalog/product/gallery/id/217/image/259/

And I totally understand that I cannot mount this upper to any lower that I have without following CA law & NFA rule.

My question is:
Is it legal for me to jump on the deal, buy & ship it to my door, then sell it later on, but meanwhile store it " as is" (upper only), no lower attached on it while in my possesion).

Thanks in advance.

[Quiet]

My question is:
Is it legal for me to jump on the deal, buy & ship it to my door, then sell it later on, but meanwhile store it " as is" (upper only), no lower attached on it while in my possesion).

CA constructive possession on SBR/SBS.

You can own/possess the 10.5" AR upper as long as you do not own any AR lowers (that are not hadnguns) or AR rifles.
Even if you you store them in different physical locations, you are still in violation. [PC 17170(e)]

Bottom Line:
As long as you do not own any AR type rifles, you can legally possess the less than 16" barrel.


Penal Code 17170
As used in Sections 16530 and 16640, Sections 17720 to 17730, inclusive, Section 17740, Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4, and Article 1 (commencing with Section 33210) of Chapter 8 of Division 10 of Title 4, "short-barreled rifle" means any of the following:
(a) A rifle having a barrel or barrels of less than 16 inches in length.
(b) A rifle with an overall length of less than 26 inches.
(c) Any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length.
(d) Any device that may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subdivisions (a) to (c), inclusive.
(e) Any part, or combination of parts, designed and intended to convert a device into a device defined in subdivisions (a) to (c), inclusive, or any combination of parts from which a device defined in subdivisions (a) to (c), inclusive, may be readily assembled if those parts are in the possession or under the control of the same person.

[45acpfan]

I see, so it's a no go for me.

Thanks for the reply.

[EBR Works]

The exception would be if you own an AR pistol lower or complete AR pistol. You would then have a legal avenue of buying and possessing this.

[Dark Sky Solutions]

The exception would be if you own an AR pistol lower or complete AR pistol. You would then have a legal avenue of buying and possessing this.

My question to your post is...

If I own a legal AR pistol can I also own a AR15 Cal legal rifle? The way that code reads is it is one or the other. Insight into this would be great.

[EBR Works]

My question to your post is...

If I own a legal AR pistol can I also own a AR15 Cal legal rifle? The way that code reads is it is one or the other. Insight into this would be great.

Yes.

[Dark Sky Solutions]

Yes.

Thank u for the answer.

[rromeo]

Federally, I am okay with a virgin stripped lower. Is that different in California if it's not a marked pistol lower?

[morrcarr67]

Federally, I am okay with a virgin stripped lower. Is that different in California if it's not a marked pistol lower?

It's not the marking; it's the CA DROS process that comes into play. In CA it must be DROSed as a Long Gun unless you are an exempt person or you PPT one that was DROSed as a pistol or brought in from a different state that was not put through CA's DROS system.

[the86d]

Wow, I didn't know that I couldn't even own upper parts for even a SHTF prep. I have 3 rifle lowers and I was planning on getting one, (in the distant future) and just keeping it locked up in case I visit my friends in a free-state. I guess I won't.

Good info.

[Dark Sky Solutions]

It's not the marking; it's the CA DROS process that comes into play. In CA it must be DROSed as a Long Gun unless you are an exempt person or you PPT one that was DROSed as a pistol or brought in from a different state that was not put through CA's DROS system.

I am assuming this also includes if u build your own out of an 80% also, does it not.

[rromeo]

It's not the marking; it's the CA DROS process that comes into play. In CA it must be DROSed as a Long Gun unless you are an exempt person or you PPT one that was DROSed as a pistol or brought in from a different state that was not put through CA's DROS system.

Correct. Now, is it legal in California to have a virgin stripped lower that is not marked pistol, and a barrel <16"?

[the86d]

Sooo...

"My (live-in) girlfriend" cannot own an AR pistol, because "I" have AR Rifles (in the house)?

[huntercf]

Sooo...

"My girlfriend" cannot own an AR pistol, because "I" have AR Rifles (in the house)?

FUD, someone correct me if I am wrong, but as long as you have a complete pistol and a complete AR then you are GTG. The constructive possession would be if you ONLY had the upper and no pistol lower and you had an AR lower or AR complete.

[morrcarr67]

I am assuming this also includes if u build your own out of an 80% also, does it not.

Yes, sorry I forgot that one.