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Building an AR pistol in CA

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  • tinman1
    Junior Member
    • Feb 2011
    • 7

    Building an AR pistol in CA

    I've been reading up on building an AR pistol in CA. From what I've read the only way to be legal is to use an 80% lower because you can't buy a pistol lower in CA, and to use a stripped lower you get in trouble with he feds because they see it as an AOW.
    However, Franklin Armory now builds an AR that CA designates as a pistol with a 11.5" barrel and a vertical fore grip (photo attached). They have a letter from ATF that states that since it has a VFG it is not a pistol, and since it's over 26" in OAL it's not an AOW. They classify it as a 'firearm' only, with no special licensing or tax stamps (ATF letter attached).
    Since the ATF doesn't have a problem with it, could we now build an AR pistol in this configuration from a stripped lower in CA? Could it be volregged in CA as a pistol even though it was DROSsed in CA as a long gun? Again, we're talking a stripped receiver that's never been built.
    I have a couple of lowers in the safe, and I see no reason to buy another that's an 80% and machine it if I don't have to to be legal. The wealth of knowledge on this site is awesome, and I know someone on this board has the skinny. Thanks.
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  • #2
    Baconator
    Bacon makes it better
    CGN Contributor - Lifetime
    • Jan 2009
    • 9547

    Sent from my Galaxy Nexus using Tapatalk 2

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    • #3
      j.hors
      Member
      • Sep 2011
      • 200

      Wouldn't California view that as a short barrel rifle? I mean they view the Judge as a short barrel shotgun

      Comment

      • #4
        Dark Sky Solutions
        Senior Member
        • May 2011
        • 1214

        Yes you can. 14th ammendment. If it is ok with the ATF for FA to do it it has to be OK for everyone else.

        CA laws now that is trickier. Some say yes some say no.

        This is not legal advice at all just my understanding of the law.
        Doc
        Dark Sky Solutions

        DarkSkySolutions.com

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        • #5
          Dark Sky Solutions
          Senior Member
          • May 2011
          • 1214

          Originally posted by j.hors
          Wouldn't California view that as a short barrel rifle? I mean they view the Judge as a short barrel shotgun
          It can't be a SBR since it has no butstock or the capability of jut putting one on there.

          They consider the judge a short barrel shotgun cause it fires a shotgun round. The AR pistol can fire a rifle or pistol round depending on the build and barrel
          Doc
          Dark Sky Solutions

          DarkSkySolutions.com

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          • #6
            tinman1
            Junior Member
            • Feb 2011
            • 7

            I'm more concerned with the CA laws. Apparently the BATFE doesn't have a problem with it since it's not a pistol, SBR or AOW. However, CA designates it as a pistol. Under CA law can you build a pistol using a stripped lower that's not marked PISTOL?

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            • #7
              shooperman
              Senior Member
              • Feb 2012
              • 1837

              If you originally purchase a lower reciever from a shop, chances are it has already been designated as a "long gun"/rifle reciever. The only way that I am aware of, to legally build an AR pistol, is to mill one yourself from an 80% lower. Depending on where you're located, check out this link for more details. What's up Doc, you know what I'm talking about!!

              "I'd cure the whole world with one primal scream, but no one would listen" - Davey Havok

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              • #8
                shooperman
                Senior Member
                • Feb 2012
                • 1837

                Oh and to answer your question, using a stripped lower designated as a rifle lower, and using it to build a pistol is a big no no.
                "I'd cure the whole world with one primal scream, but no one would listen" - Davey Havok

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                • #9
                  killmime1234
                  Senior Member
                  • Mar 2009
                  • 1536

                  CA state still defines it as a pistol. As far as the Feds are concerned you'd be good, but the state classifies it differently and since you'd be DROSing the frame in CA, you'd be DROSing the frame as a long gun which means making it into a pistol (per CA) is a no-no.

                  I'd look into NeRFs if you're interested, but remember it's controversial at this stage of the game.
                  Last edited by killmime1234; 05-28-2012, 8:57 PM.

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                  • #10
                    wildhawker
                    I need a LIFE!!
                    • Nov 2008
                    • 14150

                    It's disheartening to read this thread when so many entirely on-point reference threads - not to mention the Wiki - can be found with a simple search.

                    -Brandon
                    Brandon Combs

                    I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

                    My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

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                    • #11
                      Dark Sky Solutions
                      Senior Member
                      • May 2011
                      • 1214

                      Originally posted by shooperman
                      If you originally purchase a lower reciever from a shop, chances are it has already been designated as a "long gun"/rifle reciever. The only way that I am aware of, to legally build an AR pistol, is to mill one yourself from an 80% lower. Depending on where you're located, check out this link for more details. What's up Doc, you know what I'm talking about!!

                      http://www.calguns.net/calgunforum/s...ighlight=80%25
                      What's up Shoop? Same old' here. Just finishing up my last project soon. Waiting for my 21 lb box of duracoat products to come in lol. Then time to start another!!!!

                      Ps. Shooperman knows what he's talking about
                      Doc
                      Dark Sky Solutions

                      DarkSkySolutions.com

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                      • #12
                        wildhawker
                        I need a LIFE!!
                        • Nov 2008
                        • 14150

                        Originally posted by DocCrazyJ
                        Ps. Shooperman knows what he's talking about
                        No, he doesn't.


                        -Brandon
                        Brandon Combs

                        I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

                        My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

                        Comment

                        • #13
                          Purple K
                          CGN/CGSSA Contributor
                          CGN ContributorCGN Contributor - Lifetime
                          • Dec 2008
                          • 3101

                          Here's the method I used to get my AR-type pistol. I purchased all of the parts that I would need to assemble the pistol, except the lower receiver. I took my box of parts ( 10 1/2" upper, LPK, pistol buffer/tube, single shot magazine, etc.) to my local 07 FFL. I paid the FFL a nominal fee to assemble my parts as a pistol on a stripped lower in his inventory. I then purchased the SSE pistol. DROS'd as a pistol. No issues.
                          sigpic

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                          • #14
                            ssaction
                            Member
                            • Jul 2008
                            • 213

                            Originally posted by Purple K
                            Here's the method I used to get my AR-type pistol. I purchased all of the parts that I would need to assemble the pistol, except the lower receiver. I took my box of parts ( 10 1/2" upper, LPK, pistol buffer/tube, single shot magazine, etc.) to my local 07 FFL. I paid the FFL a nominal fee to assemble my parts as a pistol on a stripped lower in his inventory. I then purchased the SSE pistol. DROS'd as a pistol. No issues.
                            This is how I did it too. Just make sure your lower is DROS's as a pistol.

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                            • #15
                              Palmaris
                              CGN/CGSSA Contributor
                              CGN Contributor
                              • Mar 2009
                              • 6151

                              Why just don't buy Franklin Armory SSE pistol-they have all flavors available.
                              sd_shooter:
                              CGN couch patriots: "We the people!"

                              In real life: No one

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