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Legalities of owning 80% Lower AR 15's?

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  • #16
    smcrea
    Member
    • Nov 2012
    • 105

    Originally posted by riddler408
    d) Build them into AR's first and before the serial numbered lowers
    Thanks for the solid answer..

    But now can I ask for the reasoning BEHIND the answer?

    So to continue the discussion:

    I think that we all agree that as the CA law stands IT IS LEGAL to have an un numbered lower that you machined yourself from an 80%. BTW I have video and pictures of me doing it safely stored away)

    However:

    The law is one thing. Getting hassle from the cops and ATF is another.

    I see a lot of off duty cops working at the ranges that I go to. Maybe even ATF, FBI types hang out.

    So a) what would be a typical comment from law enforcement if they saw that my AR did not have a serial number. b) What would be the best response be to that question.

    Legal or not Legal the cops are still able to lock you up for 24 hours on suspicion of 'something' and they could make your life pretty unpleasant.

    Spending the night in the lockup is one thing but explaining to my wife the next day is a total other thing. 2A apart my wife would order me to get rid of my guns if that happened!

    So what's the nicey nicey diplomatic way to address an ******* law enforcement guy who wants to be a dick about your un-serial numbered lower?

    Thanks!

    Comment

    • #17
      SJ-Chris
      Member
      • Jan 2013
      • 106

      Originally posted by RamonSJC
      Only way 80% is illegal. If you are a prohibited person.
      Assuming the "80% lower" you are referring to is not considered a firearm by the ATF (aka: a paperweight), then I believe even prohibited persons could own it. I'm NOT saying I think it is a good idea....just saying that as far as I know, there is no law prohibiting anyone from owning a paperweight.

      Comment

      • #18
        Librarian
        Admin and Poltergeist
        CGN Contributor - Lifetime
        • Oct 2005
        • 44624

        Originally posted by Sheriff71
        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?
        With the law as it is today, one can inherit such a rifle with no problems (presuming not a 'prohibited person').
        ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

        Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

        Comment

        • #19
          smcrea
          Member
          • Nov 2012
          • 105

          I was talking to an FFL friend who was saying that with regards to 80% that they fall within the long gun registration law which took effect on 1/1/14

          The registration law mandates that all guns made or transferred after 1/1/14 must be serialized and registered with the DOJ. This includes 80%

          Comment

          • #20
            Mutenri
            Senior Member
            • Aug 2013
            • 603

            In the event that 808 passes, are old completed receivers grandfathered?

            Comment

            • #21
              arrowshooter
              Senior Member
              • Aug 2013
              • 722

              Originally posted by Mutenri
              In the event that 808 passes, are old completed receivers grandfathered?
              No grandfathering written at this time.

              Comment

              • #22
                edgerly779
                CGN/CGSSA Contributor
                CGN Contributor
                • Aug 2009
                • 19871

                smcrea who is your ffl friend I don't want to make the mistake of asking him anything. More fud.

                Comment

                • #23
                  Librarian
                  Admin and Poltergeist
                  CGN Contributor - Lifetime
                  • Oct 2005
                  • 44624

                  Originally posted by Mutenri
                  In the event that 808 passes, are old completed receivers grandfathered?
                  Originally posted by arrowshooter
                  No grandfathering written at this time.
                  In fact, the latest amendments are the opposite of 'grandfathering' - the bill now demands registration of guns built before the bill might become law.
                  (c) By July 1, 2016, any person who, as of January 1, 2016, owns a firearm that does not bear a serial number assigned to it pursuant to either Section 23910 or pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, shall do all of the following:
                  (1) Apply to the Department of Justice for a unique serial number or other mark of identification pursuant to Section 29182.
                  ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                  Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                  Comment

                  • #24
                    CessnaDriver
                    I need a LIFE!!
                    • Feb 2009
                    • 10311

                    Originally posted by Librarian
                    In fact, the latest amendments are the opposite of 'grandfathering' - the bill now demands registration of guns built before the bill might become law.
                    Felony or misdemeanor? or do we know yet?


                    "Yeah, like... well, I just want to slap a hippie or two. Maybe even make them get jobs."

                    Comment

                    • #25
                      LBDamned
                      I need a LIFE!!
                      • Feb 2011
                      • 19040

                      at the risk of getting the "use search" response... I'm gonna ask...

                      what is the process of serializing an 80% lower now (prior to possible 808)?... I understand the depth of engraving, but does the number have to be "issued"? or can it be an arbitrary number (that I determine)?

                      As to the manufacture name, location, etc... since it's an 80% I understand it's not needed... but would it be necessary if it had a serial number?

                      Sorry if these questions are common sense to some - but I'm in the process of a build and am thinking a few things out ahead of time...
                      "Kamala is a radical leftist lunatic" ~ Donald J. Trump

                      Comment

                      • #26
                        Lone_Gunman
                        Calguns Addict
                        • Jan 2009
                        • 8396

                        Originally posted by Librarian
                        In fact, the latest amendments are the opposite of 'grandfathering' - the bill now demands registration of guns built before the bill might become law.
                        Well, that's gonna get confusing, if someone had the manufacturer name, city, state, model name, and serial number of their choosing engraved on the 80% before they milled it out.

                        (c) By July 1, 2016, any person who, as of January 1, 2016, owns a firearm that does not bear a serial number assigned to it pursuant to either Section 23910 or pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, shall do all of the following:
                        (1) Apply to the Department of Justice for a unique serial number or other mark of identification pursuant to Section 29182.

                        Edit: oh boy, what about people who vol reged pistols built w/80%'s?
                        Last edited by Lone_Gunman; 02-01-2014, 1:23 PM.

                        Comment

                        • #27
                          six seven tango
                          CGSSA Associate
                          • Jan 2012
                          • 1725

                          Originally posted by LBDamned
                          at the risk of getting the "use search" response... I'm gonna ask...

                          what is the process of serializing an 80% lower now (prior to possible 808)?... I understand the depth of engraving, but does the number have to be "issued"? or can it be an arbitrary number (that I determine)?

                          As to the manufacture name, location, etc... since it's an 80% I understand it's not needed... but would it be necessary if it had a serial number?

                          Sorry if these questions are common sense to some - but I'm in the process of a build and am thinking a few things out ahead of time...
                          Search is your friend...





                          sorry...couldn't resist.




                          No, the number does not have to be issued. It only has to be unique to the "manufacturer", which would be you in this case. Some people use their birthdate, with a -01 or something after it, others just pull random numbers/letters out of the air. (or other dark places)

                          AFAIK, the only time the manufacturer name, etc. is needed is if you are going to sell/transfer it.
                          Last edited by six seven tango; 02-01-2014, 1:25 PM.
                          sigpic

                          When Injustice Becomes Law, Resistance is Duty


                          Comment

                          • #28
                            LBDamned
                            I need a LIFE!!
                            • Feb 2011
                            • 19040

                            Originally posted by six seven tango
                            Search is your friend...





                            sorry...couldn't resist.




                            No, the number does not have to be issued. It only has to be unique to the "manufacturer", which would be you in this case. Some people use their birthdate, with a -01 or something after it, others just pull random numbers/letters out of the air. (or other dark places)

                            AFAIK, the only time the manufacturer name, etc. is needed is if you are going to sell/transfer it.
                            perfect, thank you... and yes, I guess I deserved the search jab
                            "Kamala is a radical leftist lunatic" ~ Donald J. Trump

                            Comment

                            • #29
                              Ross
                              Senior Member
                              • Apr 2009
                              • 1240

                              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.
                              The optimum word which should be added to both of these sentences is "yet."

                              With this eff'ed up state and the liberal controlled state legislature, never be surprised.

                              Those same politicians just passed a law requiring an impossible theory to be required (micro-stamping) for sale of semi-auto pistols.
                              sigpicand as a check against tyranny." Judge Benitez - March 2019

                              Comment

                              • #30
                                bwiese
                                I need a LIFE!!
                                • Oct 2005
                                • 27610

                                While having an unserialized homebuild is legal, it's more problems than it's worth.

                                Etch "Joe Williams #001/San Jose CA" on the sideplate and call it a day.

                                Your traffic stops will have less drama.

                                Bill Wiese
                                San Jose, CA

                                CGF Board Member / NRA Benefactor Life Member / CRPA life member
                                sigpic
                                No postings of mine here, unless otherwise specifically noted, are
                                to be construed as formal or informal positions of the Calguns.Net
                                ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
                                employer. No posts of mine on Calguns are to be construed as
                                legal advice, which can only be given by a lawyer.

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