Legality to buy, own & sell 10.5" complete upper

[Lone_Gunman]

So if you own an AR rifle, and an unfinished 80% lower that you plan on using on a pistol build can you buy the pistol upper or do you have to finish the lower first?

[morrcarr67]

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

YES.

Though, I'm pretty sure it would have to have been DROSed as a Pistol or you you would have had to build it yourself from an 80% lower.

If you only have lowers that were DROSed as Long Guns I would not take a chance with CA gun laws and buy a <16" upper/barrel.

[the86d]

Well, I bought 3 stripped lowers (AR Rifles).

I built one up to a full rifle, and have a LPK in one, and the other is still stripped.

If I get her a stripped Pistol lower, and start building it, I can get screwed due to just having parts (depending on which ones I have sitting around the house)?

(I read the FED AWB [now null and void] no longer includes "constructive possession" even side-by-side.)

[morrcarr67]

Sooo...

"My (live-in) 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.

Mostly correct. A complete pistol or a virgin lower that was built from an 80% or somehow DROSed as a pistol would be OK too.

[morrcarr67]

Well, I bought 3 stripped lowers (AR Rifles).

I built one up to a full rifle, and have a LPK in one, and the other is still stripped.

If I get her a stripped Pistol lower, and start building it, I can get screwed due to just having parts (depending on which ones I have sitting around the house)?

(I read the FED AWB [now null and void] no longer includes "constructive possession" even side-by-side.)

Do you live in CA?

If you do you still have to play by their rules. Their house their rules.

So, the answer is yes. Because you don't have a lower that CA believes is a pistol.

[morrcarr67]

So if you own an AR rifle, and an unfinished 80% lower that you plan on using on a pistol build can you buy the pistol upper or do you have to finish the lower first?

I would complete the lower first. Until then it is just a paperweight.

A complete rifle, pistol upper and a paperweight is not a good idea.

[the86d]

So I should put a bullet button on a "Multi-" marked (planned as a) 22lr lower (I have yet to purchase the upper for) I am going to build because of constructive possibilities, and forget about getting my lady a stripped AR pistol lower all together, then? (Or at least until I build the others complete. I really bought 3 because I was worried of the possibility that they would be banned, so I grandfathered myself in...)

[morrcarr67]

So I should put a bullet button on a "Multi-" marked (planned as a) 22lr lower (I have yet to purchase the upper for) I am going to build because of constructive possibilities, and forget about getting my lady a stripped AR pistol lower all together, then? (Or at least until I build the others complete.)

No need IF ALL you put on that lower is a rimfire upper. If you ever put on a centerfire upper you better put in a mag lock of some sort; I do prefer the Bullet Button (r).

[the86d]

If I fully assemble a lower (say "lower #2") destined for a dedicated 22lr upper, but have no dedicated 22lr upper, as of yet, then I could have constructive parts for a non-BB lower, could I get into trouble even if I am waiting for parts, and the other rifle is complete? (Sorry a bit off topic, but I need to know this. )

[EBR Works]

If I fully assemble a lower (say "lower #2") destined for a dedicated 22lr upper, but have no dedicated 22lr upper, as of yet, then I could have constructive parts for a non-BB lower, could I get into trouble even if I am waiting for parts, and the other rifle is complete? (Sorry a bit off topic, but I need to know this. )

No. Constructive possession only applies to NFA firearms (SBS, SBR, MG, suppressors, etc).

A fully assembled lower without an upper attached does not require a bullet button.

[BigDogatPlay]

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.

Just my opinion, but even in a free state if you assemble that short barrel upper to a receiver that was transferred as a rifle I think you'd be manufacturing an SBR, ownership of which requires a federal tax stamp.

I could be wrong.

[EBR Works]

Just my opinion, but even in a free state if you assemble that short barrel upper to a receiver that was transferred as a rifle I think you'd be manufacturing an SBR, ownership of which requires a federal tax stamp.

I could be wrong.

You are correct. Constructive possession laws are Federal and apply to all States. California has their own SBR/SBS laws that are even more restrictive.

[Ron-Solo]

Since the serial number on a stripped lower isn't included on a DROS (yet) what if you take your virgin stripped lower and did a "voluntary registration" as pistol? Stripped Receivers, correct me if I'm wrong, are DROS'd as a receiver, neither a long gun or handgun. The only place the serial number is reported, for now, is on the 4473.

Just thinking of ways to skin a cat...

[morrcarr67]

Ron - The CA DROS process does indeed make one choose long gun or handgun. Which is why an AR style lower is DROSed as a long gun to non-exempt people and may be DROSed as either to an exempt person.

[Quiet]

So I should put a bullet button on a "Multi-" marked (planned as a) 22lr lower (I have yet to purchase the upper for) I am going to build because of constructive possibilities, and forget about getting my lady a stripped AR pistol lower all together, then? (Or at least until I build the others complete. I really bought 3 because I was worried of the possibility that they would be banned, so I grandfathered myself in...)

No need IF ALL you put on that lower is a rimfire upper. If you ever put on a centerfire upper you better put in a mag lock of some sort; I do prefer the Bullet Button (r).

Handgun assault weapon laws are different than rifle assault weapon laws.

A rimfire AR pistol must have a maglock on it.
If it doesn't it would be an unregsitered assault weapon due to being able to accept a detachable magazine outside of the pistol grip. [PC 30515(a)(4)(D)]


Penal Code 30515
(a) Notwithstanding Section 30510, "assault weapon" also means any of the following:
(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer's hand, except a slide that encloses the barrel.
(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.