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Gun shop FUD on an AR, or is this a felony?

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  • #31
    motorhead
    Veteran Member
    • Jan 2008
    • 3409

    ask them how to load a bb equipped ak.
    sigpic Sic gorgiamus allos subjectatos nunc

    Comment

    • #32
      b25
      Junior Member
      • Sep 2008
      • 31

      Unless I'm grossly misunderstanding what I've read about OLLs and the requirement to have a Fixed 10rd magazine when features are installed, I'd have to say there's some bad information being stated here.

      Of course, since I'm the new guy and don't want to step on anyones toes, please know that I am fully prepared to fall on my own sword if someone can explain (show) where/how I'm misunderstanding/misinterpreting the PC.

      Our own CALGUNS.NET OLL FAQ contains verbiage that contradicts what many responses in this thread state is ok - in a nutshell folks are saying "an individual who has a BB installed can use a 'tool' to remove and replace a magazine during rifle operation (i.e.: on a range) while features are installed."

      Our OLL FAQ (http://calguns.net/a_california_arak.htmRemember: a bare AR or AK lower with a pistol grip and/or a folding, telescoping or thumbhole stock is an assault weapon. A receiver with open mag well but no pistol grip but having a barrel attached with a flash hider mounted is also an assault weapon.)

      NEVER HAVE AN OFF-LIST LOWER RECEIVER WITH AN OPEN MAGAZINE WELL AND A PISTOL GRIP OR FOLDING (etc.) STOCK STILL ATACHED - EVEN FOR A MOMENT!!
      ALSO, NEVER PUT A BARRELED UPPER RECEIVER WITH A FLASH HIDER ON AN OFF-LIST LOWER , UNLESS A NONDETACHABLE LO-CAP MAG HAS ALREADY BEEN AFFIXED.


      Simply based on the bolded statements above, how can it be interpreted that it is appropriate to remove the mag during rifle operation on the range? The verbiage stating that a detachable magazine is one that DOES NOT require a tool to remove it is a qualifying statement that considers the magazine fixed.

      It would seem that folks are interpreting the 'tool' statement to read "if a tool is required to remove the magazine, then it's ok for me to use that tool to remove the magazine." - Based on what I read, doing so with features installed would make the rifle an AW.


      I hope my questioning this doesn't label me as another "FUD" guy - if I've grossly misunderstood, I am fully prepared to admit it - all I ask is that you help me understand where I'm missing the mark.


      -b

      Comment

      • #33
        M. Sage
        Moderator Emeritus
        CGN Contributor - Lifetime
        • Jul 2006
        • 19759

        The FAQ is out of date, and needs to be changed. That's two years old now (Bill!), and we were a bit more jumpy about it then. Also, this predates the Bullet Button, and with a P50, if you removed the mag, you'd definitely be committing a felony.
        Originally posted by Deadbolt
        "We're here to take your land for your safety"

        "My Safety?" *click* "There, that was my safety"
        sigpicNRA Member

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        • #34
          eaglemike
          CGN/CGSSA Contributor - Lifetime
          CGN Contributor - Lifetime
          • Jan 2008
          • 3882

          Originally posted by b25
          Unless I'm grossly misunderstanding what I've read about OLLs and the requirement to have a Fixed 10rd magazine when features are installed, I'd have to say there's some bad information being stated here.

          Of course, since I'm the new guy and don't want to step on anyones toes, please know that I am fully prepared to fall on my own sword if someone can explain (show) where/how I'm misunderstanding/misinterpreting the PC.

          Our own CALGUNS.NET OLL FAQ contains verbiage that contradicts what many responses in this thread state is ok - in a nutshell folks are saying "an individual who has a BB installed can use a 'tool' to remove and replace a magazine during rifle operation (i.e.: on a range) while features are installed."

          Our OLL FAQ (http://calguns.net/a_california_arak.htmRemember: a bare AR or AK lower with a pistol grip and/or a folding, telescoping or thumbhole stock is an assault weapon. A receiver with open mag well but no pistol grip but having a barrel attached with a flash hider mounted is also an assault weapon.)

          NEVER HAVE AN OFF-LIST LOWER RECEIVER WITH AN OPEN MAGAZINE WELL AND A PISTOL GRIP OR FOLDING (etc.) STOCK STILL ATACHED - EVEN FOR A MOMENT!!
          ALSO, NEVER PUT A BARRELED UPPER RECEIVER WITH A FLASH HIDER ON AN OFF-LIST LOWER , UNLESS A NONDETACHABLE LO-CAP MAG HAS ALREADY BEEN AFFIXED.


          Simply based on the bolded statements above, how can it be interpreted that it is appropriate to remove the mag during rifle operation on the range? The verbiage stating that a detachable magazine is one that DOES NOT require a tool to remove it is a qualifying statement that considers the magazine fixed.

          It would seem that folks are interpreting the 'tool' statement to read "if a tool is required to remove the magazine, then it's ok for me to use that tool to remove the magazine." - Based on what I read, doing so with features installed would make the rifle an AW.


          I hope my questioning this doesn't label me as another "FUD" guy - if I've grossly misunderstood, I am fully prepared to admit it - all I ask is that you help me understand where I'm missing the mark.


          -b
          You might want to also be sure you are familiar with the distinctions between a centerfire and a rimfire rifle.... The flow chart is a really great reference, and probably the best place to start. A lower can be used with rinfore or centerfire rifles. It's also been stated on this forum that Ca does not have constructive possession laws. If you are looking for a gray area, this might be close - especially since the DOJ seems to believe that interpretation of Ca law in entirely up to the 58 D.A's - or your local attorney!
          There are some people that it's just not worth engaging.

          It's a muzzle BRAKE, not a muzzle break. Or is your muzzle tired?

          Comment

          • #35
            Sobriquet
            Senior Member
            • Mar 2008
            • 820

            Originally posted by M. Sage
            No, your best way would probably be to buy the upper and lower separately. Have them send the upper straight to your house (legal), and DROS the lower. Install the BB in the lower and install the upper at home.

            You could buy a complete rifle, but then someone would either have to remove all the evil features before shipping it to your FFL, install a bullet button before shipping, or separate the upper and lower and ship the upper to your house and the lower to your FFL.

            It's probably just easier to buy the two separately.
            I'll go that route when the time comes, then. I appreciate all your responses, guys. Now I just need to do the normal research and decide what it is I want.

            Thanks again, all.

            Comment

            • #36
              tombinghamthegreat
              Veteran Member
              • May 2007
              • 2785

              Originally posted by Sobriquet
              This was the gun shop at the Oak Tree range.
              I did not think oak tree was the type to spread fud and last i went there they have AR OLL and featureless rifles IIRC. As long as there is a BB then you could detach it and if its a prince50 then you don't detach it unless you are out of CA or it is featureless from my understanding.

              IMO i would go with a featureless build.
              "Legitimate use of violence can only be that which is required in self-defense." Ron Paul
              "The issue today is the same as it has been throughout all history, whether man shall be allowed to govern himself or be ruled by a small elite." - Thomas Jefferson
              Originally posted by forumguy
              The same way they enforce all the rest of the BS laws. Only criminals are exempt, while the honest obey.
              Originally posted by bwiese
              Sometimes I think the function of Calguns is half to refute bad info from gunshops and half to refute bad info from DOJ.

              Comment

              • #37
                CaliforniaCarry
                Member
                • Sep 2007
                • 238

                Originally posted by tombinghamthegreat
                I did not think oak tree was the type to spread fud and last i went there they have AR OLL and featureless rifles IIRC. As long as there is a BB then you could detach it and if its a prince50 then you don't detach it unless you are out of CA or it is featureless from my understanding.

                IMO i would go with a featureless build.
                They generally seem to know their stuff... but there's a few employees who just don't know the law.

                I went there before I turned 21 to take my HSC test. After I had completed the test without missing any of the questions (not that hard ), the employee asked for my credit card and ID. He noticed that I wasn't 21 yet, and I assured him that it was perfectly legal. He went to ask his supervisor... who promptly came in and gave me all kinds of crap about how I was going to attempt a straw purchase. I showed him where in the HSC guide book it says that the HSC test can be administered to anyone over 18... and then he came back with some crap about how he was an NRA certified instructor and that the laws must have changed because he was obviously right.

                Oh yeah, and the same guy, on a later date, gave me a bunch of BS about how in CA it's impossible to legally own a handgun if you're under 21... nevermind the whole gifting from parent to child thing.

                Comment

                • #38
                  aplinker
                  I need a LIFE!!
                  • Feb 2007
                  • 16762

                  Ah yes, the once a week, "but a gun shop said it's illegal!"

                  And nicely we have someone coming in with the AR/AK Memo to show us how we're all wrong.

                  Information and products change. If people would simply read through all of this 99.9% of issues would be fixed. It has links to this and even mentions the AR/AK memo is out of date.

                  Originally posted by Sobriquet
                  I'll go that route when the time comes, then. I appreciate all your responses, guys. Now I just need to do the normal research and decide what it is I want.

                  Thanks again, all.
                  You're in SoCal... ColdWar has complete Noveskes w/BBs
                  Last edited by aplinker; 09-15-2008, 12:24 PM.

                  Google Map of OLL Dealers

                  List of CA-friendly Manufacturers, Dealers, Middlemen, and Magazine rebuild kit dealers
                  Click me-->So you're a n00b and you want to build an AR? <--Click me
                  This post is based on actual events. Some facts may be altered for dramatic purposes. All posts are pure opinion. All persons, living and dead, are purely coincidental, and should not be construed.

                  Comment

                  • #39
                    b25
                    Junior Member
                    • Sep 2008
                    • 31

                    I've spent an hour reading Gene's bullet button thread; I can now see that the Bullet Button is a play on words (detachable).

                    uclaplinker - we're not all experts, nor do we all have HOURS to read through lengthy threads (although I try my best). My post wasn't intended to 'show you how you're wrong' - rather, I cited (what I thought was credible) the CALGUNS ARK/AK OLL FAQ/Memo. Since thousands of folks come here for information, hopefully the admins/moderators will update the FAQ which will undoubtedly eliminate some of the "FUD".

                    -b

                    Comment

                    • #40
                      Sobriquet
                      Senior Member
                      • Mar 2008
                      • 820

                      Originally posted by uclaplinker
                      You're in SoCal... ColdWar has complete Noveskes w/BBs
                      Are you talking about these guys?



                      I see that they carry Noveske uppers, but nothing else. Is there somewhere that stocks Noveskes in SoCal so that I could actually see one of these things in person? I'm also considering a LMT.

                      Comment

                      • #41
                        b25
                        Junior Member
                        • Sep 2008
                        • 31

                        Sobriquet; I just purchased and received an LMT Upper - I'm very happy w/ it!

                        Comment

                        • #42
                          GenLee
                          Veteran Member
                          • Sep 2007
                          • 2675

                          Originally posted by 5968
                          I can't believe that you have 428 post and still don't own an AR.
                          I was just thinking that same thing!
                          sigpic

                          "Lest we forget" .... General Robert E. Lee

                          "Do I have the right to do it?" "Yes, you do" "Can I do it then?" "No, you can't" - Nick

                          "No arsenal, or no weapon in the arsenals of the world, is so formidable as the will
                          and moral courage of free men and women. - Ronald Reagan

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                          • #43
                            Ironchef
                            Senior Member
                            • Nov 2007
                            • 2313

                            I believe Spike's Tactical will ship with installed BBs/P50s a complete AR.
                            Fleeing the PRK on 3/8/09!!

                            Comment

                            • #44
                              Sobriquet
                              Senior Member
                              • Mar 2008
                              • 820

                              Originally posted by GenLee
                              I was just thinking that same thing!
                              Hey, I'm working on it! lol

                              Comment

                              • #45
                                tenpercentfirearms
                                Vendor/Retailer
                                • Apr 2005
                                • 13007

                                Originally posted by Ironchef
                                I believe Spike's Tactical will ship with installed BBs/P50s a complete AR.
                                No.
                                www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms.

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