legality of complete lower with no mag release catch

[secretasianman]

Hi everyone,

I'm planning on bringing a completed lower (OLL) into CA and my question is:

Is it a CA-legal configuration with the magazine release catch removed since the magazine essentially won't stay in the lower?

[aklover_91]

A lower, separated from an upper, isn't a semiautomatic center fire rifles so is legal no matter what (though there is still some risk involved, here.)

On an assembled weapon (complete lower mated with a centerfire upper) it would be an AW. The law list 'detachable magazine' as a feature, it's inability to stay in the gun without you holding there does just about everything but make it a 'not detachable' mag.

If you look at the top of the page you'll see a pull down for an AW flowchart, it's good to consult with questions like this.

[secretasianman]

The law list 'detachable magazine' as a feature, it's inability to stay in the gun without you holding there does just about everything but make it a 'not detachable' mag.

Thanks. I suppose it is a "detachable magazine" if you cup it to keep it from falling out.

[stix213]

I wouldn't bring the lower here like that if you also bring the mag release parts and an upper, even if not assembled. That is because of a recent AW conviction based on constructive possession, even though no constructive possession is in the actual law.

[Librarian]

Hi everyone,

I'm planning on bringing a completed lower (OLL) into CA and my question is:

Is it a CA-legal configuration with the magazine release catch removed since the magazine essentially won't stay in the lower?

I think it a reasonable guess that such would be thought a 'broken' 'assault weapon' - being broken does not cure it's 'essential character'.

[nothinghere2c]

just buy an $8 bullet button off amazon.com and screw it in. 5 minutes tops and can't be confused with an illegal configuration.

[garand1945]

just buy an $8 bullet button off amazon.com and screw it in. 5 minutes tops and can't be confused with an illegal configuration.

^ this....

Calguns Legal Foundations needs it money for battles other than easily avoided situations.

[totenkopf]

I wouldn't bring the lower here like that if you also bring the mag release parts and an upper, even if not assembled. That is because of a recent AW conviction based on constructive possession, even though no constructive possession is in the actual law.

where and when did this happen?

[VAReact]

http://www.calguns.net/calgunforum/showthread.php?t=683199

People vs. Nguyen

[secretasianman]

just buy an $8 bullet button off amazon.com and screw it in. 5 minutes tops and can't be confused with an illegal configuration.

Yeah. I've got one on the way already. My schedule freed up this weekend and it would have been nice to get my business done weekend.

[CBruce]

Hi everyone,

I'm planning on bringing a completed lower (OLL) into CA and my question is:

Is it a CA-legal configuration with the magazine release catch removed since the magazine essentially won't stay in the lower?

It's certainly detachable...arguably, it's not attachable, but detachable yes.

[mshill]

http://www.calguns.net/calgunforum/s...d.php?t=683199

People vs. Nguyen

Nguyen was a prohibited person. Implied intent?
But I agree, put a BB on it just to be safe.

[Zymergist]

Guys, as to the $8 BBs, they have come up in the deals page a few times and been removed as they are a direct copy of the actual BB designed and built in CA with large amounts of effort and support to the 2A community. Look for the Prince50 mag lock as the original that supports CA rights.

[Tmckinney]

The holding of Nguyen is that possession of the parts to assemble an AW, absent any evidence of intent to build a complying weapon, and coupled with evidnce of an act of assembling a weapon was sufficient for jury to find that he attempted to posses an AW. Although he could have used the parts to build a complying weapon, there was no evidence that he was going to do so, such as a bullet button present but unattached, or uninstalled grip modification. Defendant did not testify. Based on that I would not posses parts for build unless all the featureless parts were there such as a bullet button, etc.

[12voltguy]

just buy an $8 bullet button off amazon.com and screw it in. 5 minutes tops and can't be confused with an illegal configuration.

yup
x2