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Legalities of owning 80% Lower AR 15's?

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  • smcrea
    Member
    • Nov 2012
    • 105

    Legalities of owning 80% Lower AR 15's?

    I'm speaking purely hypothetically of course:

    If I owned a couple of completed 80% lower that were machined, anodize finished and ready to build into an AR15 rifles then where would I stand with legally? (zero markings on the lowers)

    - Would I at some time in the near or distant future find myself with a rifle that is illegal?

    - Where do you stand if you ever wanted to transfer it? Can you even transfer an un serial numbered lower?

    - If I had several serial numbered lowers that had gone through DROS and a couple of finished 80%'s and was trying to decide which ones to build into AR's first then what would be the best approach?

    a) Bury them in the bottom of my safe
    b) Bury them in my yard
    c) Send them to my buddy in Free America for safe keeping
    d) Build them into AR's first and before the serial numbered lowers

    Thanks!
  • #2
    db42
    Senior Member
    • Jun 2011
    • 1574

    There is nothing illegal about owning guns built from 80% receivers - never has been.
    There is nothing illegal about owning finished 80% receivers that are yet to be built - never has been.

    You cannot sell the guns unless you give them serial numbers and a city of manufacture.
    I use to be an anarchist but I quit that; there's too many rules.

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    • #3
      Sunday
      Calguns Addict
      • Jan 2010
      • 5574

      Read the law!!!!
      California's politicians and unionized government employees are a crime gang that makes the Mexican drug cartels look like a Girl Scout Troop in comparison.

      Comment

      • #4
        riddler408
        Senior Member
        • Feb 2013
        • 1746

        No need for serial numbers. if you are worried then look up and keep a print out of the law with your rifles. It is an atf reg.
        sigpic

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        • #5
          RamonSJC
          CGN/CGSSA Contributor
          • Aug 2012
          • 1532

          Only way 80% is illegal. If you are a prohibited person.
          Only two things are infinite, the universe and human stupidity, and I'm not sure about the former.
          ~Albert Einstein

          "If a law is unjust, a man is not only right to disobey it, he is obligated to do so."
          ~Thomas Jefferson

          All I have in this world is my ball$ and my word, and I don't break them for no one.
          ~Scarface

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          • #6
            vospertw
            Senior Member
            • Apr 2012
            • 791

            Originally posted by Sunday
            Read the law!!!!
            While I get your point and agree, it might be more helpful to provide a link so the OP, and anyone else interested (like me), could read it.
            Jesus Saves!

            Comment

            • #7
              Write Winger
              Banned
              • Oct 2009
              • 6136

              Here's the thing... laws are written to either regulate something or to make something illegal. It generally doesn't say what you CAN do. If it isn't illegal or regulated, you have the liberty to do what you want.

              Just as an example, lets say there was a law that states you can't turn left at an intersection. It doesn't say anything about going straight, turning right, making three right turns to eventually go in the direction you want to go, or making a u-turn. That's what some would call a "loophole". No, it's liberty. All the law says is that you can't turn left.

              So think of it that was when asking "can I do that?" or "what's the law saying I can?"

              Comment

              • #8
                BumBum
                Senior Member
                CGN Contributor
                • Jan 2013
                • 1607

                Another rule of thumb that is often handy if you are unsure if something is legal/illegal: is there a bill pending in the legislature aimed at the subject? In this case, see SB 808. If it were already illegal, there probably wouldn't be pending legislation seeking to regulate the matter.
                sigpic
                DISCLAIMER: The information contained herein is general in nature, which may not apply to particular factual or legal circumstances, and is intended for informational purposes only. Consistent with Calguns policy, the information does not constitute legal advice or opinions and should not be relied upon as such. Transmission of the information is not intended to create an attorney-client relationship. Readers should not act upon any information in my posts without seeking professional counsel.

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                • #9
                  CSACANNONEER
                  CGN/CGSSA Contributor - Lifetime
                  CGN Contributor - Lifetime
                  • Dec 2006
                  • 44091

                  Originally posted by db42
                  There is nothing illegal about owning guns built from 80% receivers - never has been.
                  There is nothing illegal about owning finished 80% receivers that are yet to be built - never has been.

                  You cannot sell the guns unless you give them serial numbers and a city of manufacture.
                  Not true. You can legally sell unmarked firearms as long as they were manufactured prior to SNs being required on firearms built with the intention of being transferred. There are millions of production firearms out there without SNs. They were manufactured prior to the GCA of '68.

                  As far as homebuilt firearms go, your list is incomplete. While federal law requires a SN and a city, it also requires the manufacturer's name as well as the city and STATE it was manufactured in. There are also minimum size and depth requirements.
                  NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
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                  sigpic
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                  • #10
                    smcrea
                    Member
                    • Nov 2012
                    • 105

                    Definition of Moron: https://www.youtube.com/watch?v=xI6e...mbedded#at=426

                    This is where I was coming from with my post..

                    IF I had an 80% then I could find myself with an illegal weapon if this idiot has his way..

                    Comment

                    • #11
                      jtfernandez213
                      Junior Member
                      • Mar 2013
                      • 42

                      Welcome to the fight smcrea!

                      Comment

                      • #12
                        riddler408
                        Senior Member
                        • Feb 2013
                        • 1746

                        d) Build them into AR's first and before the serial numbered lowers
                        sigpic

                        Comment

                        • #13
                          Intimid8tor
                          Calguns Addict
                          • Apr 2007
                          • 6607

                          Legalities of owning 80% Lower AR 15's?

                          Originally posted by Sunday
                          Read the law!!!!
                          Or the 5000 posts about it.

                          And no one knows the future. Anything that is legal today, can be made illegal.
                          Starve the beast, move to a free state.

                          Bwiese: "You are making the assumption the law is reasonable/has rationale."

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                          • #14
                            BMartin1776
                            Senior Member
                            • Dec 2010
                            • 1051

                            yea what they ^^^ said... I put a serial on mine only in case of theft. As long as you are not selling, giving, gifting, transferring it etc you don't need a serial
                            SavingtheRepublic Through The Art of Political Guerrilla Warfare

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                            • #15
                              Sheriff71
                              Junior Member
                              • Jan 2014
                              • 4

                              I'm new to the CalGuns forums so excuse me if I'm inept. I have a question that I haven't seen expressed yet. If one builds (finishes) an 80% lower and builds an AR around it, what happens when you die? Can that 80% lower-based rifle be passed through inheritance to a close family member, i.e. a daughter? I know it can't be sold/transferred w/o serial number/FFL but what about at one's BIG END?

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