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80% lowers MERGED THREADS - please ask in here, not a new thread

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  • freethinkr
    Junior Member
    • Apr 2017
    • 63

    Wow - just read through these posts after a few months away.

    1) There is a lot of FUD here. Rid oneself of the FUD and you will be a thousand percent improved.

    2) TL;DR (too long, didn't read) for everything: no, you're not a manufacturer, yes, you are deemed to have made (you "make" but aren't a licensed "manufacturer" even if the state tries to treat you like one) the build you have completed as an individual for your own purpose and not for sale or transfer*, yes, you have to serialize your build, no, you don't have to get a serial number from the state and register it.

    *Some lawyers have said that the non-transferable part is challengeable in court. Don't know if that's viable yet despite the discussion that's been had.

    3) No, you don't. You really, really don't have to get a serno from the state and register it... yep, even after the July 2018 date. Though the State law says you do. In an ideal world, AB 857 (2016) will be challenged, but people will of course be better off completing their builds before the July 2018 date, because the actual court filing (dates) against AB 857 cannot be indicated with certainty.

    4) By the way, this is the year that AB 857 (2016) and its corresponding / implementing regulations will be challenged in court. (Nothing's been filed yet.) The actual legal arguments are different than I thought they'd be when I first explored this topic of "how to challenge / modify / or even overturn AB 857." (Some arguments I anticipated, some are quite different.) Wish I could say that also AB 1964 (2014) would be similarly able to be challenged in court, but I'm not convinced anymore that this will be the case.

    Compilation of stuff from a while back on all this...

    Some thought processes exploring why AB 1964 (2014) and AB 857 (2016) are invalid (again, these were initial forays and the actual arguments which would be used in a case will be different in various respects, for reasons)


    Some discussion of prior restraint issues and serialization

    (also covers specific language from AB 857 and GCA and GCA provisions dealing with conflict between federal and state laws)

    The (so-called) "States' Rights" and the Supremacy Clause in the U.S. Constitution as it applies to this also... disproving FUD, etc.


    The Commerce Clause problem with SB 1235 and Prop 63, or, why those two items actually can be overturned without even bringing the 2nd Amendment to bear on the State http://www.calguns.net/calgunforum/s...2#post20035982

    Nearly everything that has been posted on this forum in the past on the subject of 80 percenters has been wrong and here are a few reasons why


    Probably unrelated to the above, but just in case it is within your sphere of interest:

    Suggestion for changes to Mammal Hunting Regulations in California to allow certain types of BB devices for the hunting of pigs (this hasn't happened yet, so work in progress)


    Cheers!

    Editing to provide an advance reply to all the inevitable replies containing counterarguments with screaming rants more or less saying that "the State knows what's best and you're wrong about everything!" -- No, it doesn't. No, I'm not. Grow a pair.
    Last edited by freethinkr; 02-22-2018, 3:21 AM. Reason: Clarification: Added advance reply to inevitable FUDding and ranting counterarguments to follow.
    Member, FPC - https://www.firearmspolicy.org/act/http://defendingconstitutionalrights.com/
    Stop Gunpocalypse: https://www.firearmsfoundation.org/gunpocalypse or https://www.calgunsfoundation.org/quick_donate

    Comment

    • phdo
      CGN/CGSSA Contributor - Lifetime
      CGN Contributor - Lifetime
      • Jan 2010
      • 3870

      I would like to retain a lawyer to figure all this **** out. Can someone recommend one? I will share whatever information I get to save everyone some time and money.

      Comment

      • VaderSpade
        Vendor/Retailer
        • Mar 2009
        • 4274

        Originally posted by phdo
        I would like to retain a lawyer to figure all this **** out. Can someone recommend one? I will share whatever information I get to save everyone some time and money.
        Jason Davis

        I would kick in $100.00, a lot more for a rock solid letter.

        Comment

        • phdo
          CGN/CGSSA Contributor - Lifetime
          CGN Contributor - Lifetime
          • Jan 2010
          • 3870

          Originally posted by VaderSpade
          Jason Davis

          I would kick in $100.00, a lot more for a rock solid letter.
          Thank you, Vader. I just sent him an email. I will report back whatever I find. Is there anything that you guys want me to ask? Please provide a list and I will bring it up with Mr. Davis.
          Last edited by phdo; 02-22-2018, 11:52 AM.

          Comment

          • VaderSpade
            Vendor/Retailer
            • Mar 2009
            • 4274

            The main thing for me is do I need a DOJ/ATF/California serial number for lowers I built between 2007 and 2014, and already engraved with my name, city, model, caliber, and serial number???

            If so what are the alternatives? Disassembly? Move them out of state?

            The law says that they will NOT accept incomplete guns. Does this mean we can take the uppers off for long term storage without worrying about violating the law?

            Most of my builds are documented in these gun forums as I had nothing to hide, so the build dates are documented.

            Comment

            • phdo
              CGN/CGSSA Contributor - Lifetime
              CGN Contributor - Lifetime
              • Jan 2010
              • 3870

              Originally posted by VaderSpade
              The main thing for me is do I need a DOJ/ATF/California serial number for lowers I built between 2007 and 2014, and already engraved with my name, city, model, caliber, and serial number???

              If so what are the alternatives? Disassembly? Move them out of state?

              The law says that they will NOT accept incomplete guns. Does this mean we can take the uppers off for long term storage without worrying about violating the law?

              Most of my builds are documented in these gun forums as I had nothing to hide, so the build dates are documented.
              This is also the situation I'm in. I have two lowers (.308 that you engraved and .223 that I did on my own) with serial numbers. I also have another three with no serials.

              Comment

              • familyfarm
                Member
                • Feb 2013
                • 356

                Originally posted by phdo
                Thank you, Vader. I just sent him an email. I will report back whatever I find. Is there anything that you guys want me to ask? Please provide a list and I will bring it up with Mr. Davis.
                Thanks PHDO for stepping up. With all due respect to Freethinkr's optimism that eventually AB-857 will be challenged and overturned, I think we need to deal with what the law that passed and the regs that are drafted would actually mean since that is today's state of play and we face a short-term deadline of 7/1 as written..

                The simplest way to ask the most general question to Davis is as follows: "Does the law as passed require all self-serialized MBUS (Manufactured by Unlicensed Subjects) firearms to to registered with the state as the regs seem to indicate?"

                The law/regs seem pretty clear (call it FUD if you wish) that:

                1. If you already have serialized a non "assault weapon" then you may Volreg before implementation and keep your serial.

                2. If you possess an unserialized firearm you need to ask DOJ for serial numbers and engrave and then register.

                If Mr David suggests we not do nothing because of optimism this will all be sorted out by the implementation date then I will be very pleased. I surely expect some legal attempt to invalidate this new law. But meanwhile most of us should be preparing for the very possible implementation of what the law and regs are saying right now in my opinion while we cross our fingers for a legal overturn. Just my $.02. I support your right to do whatever you wish!

                Comment

                • VaderSpade
                  Vendor/Retailer
                  • Mar 2009
                  • 4274

                  Originally posted by familyfarm

                  The law/regs seem pretty clear (call it FUD if you wish) that:
                  It's NOT clear to me at all. It all depends on what the definition of is is!

                  Comment

                  • BMartin1776
                    Senior Member
                    • Dec 2010
                    • 1051

                    The entire thing is a cluster*ck... I like what Free has to say, but we all know you challenge the state you will go broke in the process. Thats how its all rigged to wear you down mentally physically and financially.

                    This is what happens when you give democrats absolute power. This state is FUBAR, again I will say it, if you have the means (money, transferrable job/skills) LEAVE; let the wife and kids cry they'll thank you later. CA is under permanent one party rule. It is the model dems are planning to carry out in every single state. Voting option is DOA, ppl couldnt muster up enough signatures and votes to stop gunmageddon, its over.
                    SavingtheRepublic Through The Art of Political Guerrilla Warfare

                    Comment

                    • MudCamper
                      Veteran Member
                      • Mar 2007
                      • 4595

                      Originally posted by VaderSpade
                      The main thing for me is do I need a DOJ/ATF/California serial number for lowers I built between 2007 and 2014, and already engraved with my name, city, model, caliber, and serial number???.
                      If is is NOT an assault weapon, then NO, you do NOT need the new DOJ serial number. BUT, this is only true if you have already VolReged it as a pistol or rifle, or if you VolReg it before July 1, 2018, as a pistol or rifle. This is true due to exemptions in the "ghost gun" law.

                      If you want to register it as an assault weapon, then you need to apply for the DOJ serial number first.

                      If you do not want it registered at all, you are SOL. Remove it from the state I guess.

                      My situation: I have a home built AR pistol. It was not marked. When these new crazy laws passed (both "ghost gun" and new fixed mag assault weapon) I marked my pistol per federal regulations and registered it as a pistol. My registration was accepted. This was last year. Then once they opened AW registration, I attempted to register it as an AW also. They will not accept it, even though I already have a serial number, marked, and in their AFS. They want me to get a second serial number from them. Now I have to decide if I want to do that, or just make it comply with the new fixed mag requirements and leave it a registered pistol.

                      Comment

                      • relatively-anonymous
                        Member
                        • Nov 2016
                        • 267

                        Originally posted by phdo
                        This is also the situation I'm in. I have two lowers (.308 that you engraved and .223 that I did on my own) with serial numbers. I also have another three with no serials.
                        Yeah - I am also in a limbo of "are these legal guns?" with a Polymer80 pistol that was built as "single-shot dimensionally compliant" but is no longer in that configuration. The completed frame without the slide, barrel, or trigger is a "gun" in the eyes of the new laws and (probably) must be registered, but it is not a "gun" in the eyes of the volreg database and they may reject my registration. If I register it as-is, it might be rejected as an "unsafe handgun" in violation of the "roster" laws.

                        Count me in for another $100 toward a hiring a lawyer to suss this out for us.

                        Comment

                        • VaderSpade
                          Vendor/Retailer
                          • Mar 2009
                          • 4274

                          I will NOT register ANYTHING!!! I will disassemble if necessary, and take the lowers out of state if that is also necessary.

                          I have un-registered 100% store bought lowers that I can run my uppers on. When they require those to be registered I will leave this POS state!!!

                          Comment

                          • Browneye
                            Senior Member
                            • Nov 2013
                            • 746

                            Originally posted by VaderSpade
                            I will NOT register ANYTHING!!! I will disassemble if necessary, and take the lowers out of state if that is also necessary.

                            I have un-registered 100% store bought lowers that I can run my uppers on. When they require those to be registered I will leave this POS state!!!
                            Those were dros'd, so they're in the central registry. If they are featureless or otherwise conforming as non-AW, then you're done.

                            If they are blank they need a BATFE-spec (your own) serial and vol-reg. If you want to register them as AW then you need to apply for a CADOJ serial number.


                            On the lawyer bit, I called Bruce Colodny when this all got started going and HE wasn't even sure. He said listen to the seminars being put on.
                            1911 Shooter

                            Comment

                            • VaderSpade
                              Vendor/Retailer
                              • Mar 2009
                              • 4274

                              Originally posted by Browneye
                              Those were dros'd, so they're in the central registry.
                              I believe paperwork on rifles Dros'd before 2014 is required to be held by the selling gun shop for 20 years.
                              Show me where these are in a central registry?

                              Comment

                              • Browneye
                                Senior Member
                                • Nov 2013
                                • 746

                                Originally posted by VaderSpade
                                I believe paperwork on rifles Dros'd before 2014 is required to be held by the selling gun shop for 20 years.
                                Show me where these are in a central registry?
                                Can't show you nuthin'.

                                AFAIK there was no DROS. (shrug) I thought that started in 2015?
                                You didn't say when you bought your 100% lowers. (shrug again)
                                1911 Shooter

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