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

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  • ProMSL
    Junior Member
    • Jan 2017
    • 18

    Originally posted by GMG
    Here's my problem, about 4 yrs. ago there was a san Diego build party, (not the nitwit in Oceanside). Some where in the Kearny mesa area. I machined my lower and had it engraved, cal., type, With a made up serial # (my birthday).

    For the builder I put my first and middle initial + tactical.

    They didn't have these stupid laws, at that point I put it in the safe. Didn't need to build it right a way as I had two other AR's to go shooting with.

    What too do????
    Just my opinion, as Im not a lawyer, but if you have the lowers completed, then in my opinion thats all that matters as thats the exact same as if someone were to have bought a lower before the deadline. Now people say you have to have your AW built in order to register it, if thats your intent. I would say, now this is just me, but since you are in possession of all the materials needed to completed the AW, you're good. Though you probably shouldn't give someone a reason to question it. Now for just the serial number mess which I guess we'll wait on to find out whats what. Is this what you're asking?

    Comment

    • GMG
      Calguns Addict
      • Dec 2008
      • 7974

      Originally posted by ProMSL
      Just my opinion, as Im not a lawyer, but if you have the lowers completed, then in my opinion thats all that matters as thats the exact same as if someone were to have bought a lower before the deadline. Now people say you have to have your AW built in order to register it, if thats your intent. I would say, now this is just me, but since you are in possession of all the materials needed to completed the AW, you're good. Though you probably shouldn't give someone a reason to question it. Now for just the serial number mess which I guess we'll wait on to find out whats what. Is this what you're asking?
      Yes, the lower has been Cerakoted already, I really don't want any more engraving work done!
      sigpic

      A member of The Tonkin Gulf Yacht Club

      Comment

      • V13
        Junior Member
        • Jan 2016
        • 81

        So if I were to buy an 80% lower today I would be able to build it w features before July 2018? And not register it as long as it has a serial?


        Sent from my iPhone using Tapatalk

        Comment

        • Whiterabbit
          Calguns Addict
          • Oct 2010
          • 7582

          Nope. The features ship sailed 12-31-16. Sorry.

          Comment

          • VaderSpade
            Vendor/Retailer
            • Mar 2009
            • 4274

            Originally posted by V13
            So if I were to buy an 80% lower today I would be able to build it w features before July 2018? And not register it as long as it has a serial?


            Sent from my iPhone using Tapatalk
            You may be ok to build with features and a break open bullet button but I would wait till ALL the dust settles.

            Comment

            • V13
              Junior Member
              • Jan 2016
              • 81

              Originally posted by Whiterabbit
              Nope. The features ship sailed 12-31-16. Sorry.


              Post 9 is what's confusing me. I bought all my lowers before the date. But I have buddies buying 80% swearing they have a year and a half to build and serial. One even called the doj. Very confusing


              Sent from my iPhone using Tapatalk

              Comment

              • VaderSpade
                Vendor/Retailer
                • Mar 2009
                • 4274

                Post 9 is over a year old. A lot has changed and we still don't know what will stick and what won't.
                What is being said now is that in order to register your build as an AW it needed to be a functional firearm by 12/31/2016. They want 4 pictures of same.

                Originally posted by V13
                Post 9 is what's confusing me. I bought all my lowers before the date. But I have buddies buying 80% swearing they have a year and a half to build and serial. One even called the doj. Very confusing


                Sent from my iPhone using Tapatalk

                Comment

                • V13
                  Junior Member
                  • Jan 2016
                  • 81

                  Originally posted by VaderSpade
                  Post 9 is over a year old. A lot has changed and we still don't know what will stick and what won't.

                  What is being said now is that in order to register your build as an AW it needed to be a functional firearm by 12/31/2016. They want 4 pictures of same.


                  Thank you [emoji106]


                  Sent from my iPhone using Tapatalk

                  Comment

                  • V13
                    Junior Member
                    • Jan 2016
                    • 81

                    Originally posted by VaderSpade
                    Post 9 is over a year old. A lot has changed and we still don't know what will stick and what won't.

                    What is being said now is that in order to register your build as an AW it needed to be a functional firearm by 12/31/2016. They want 4 pictures of same.


                    He's trying to tell me as long as it has a serial number it can have features and does not need to be registered as an aw.


                    Sent from my iPhone using Tapatalk

                    Comment

                    • VaderSpade
                      Vendor/Retailer
                      • Mar 2009
                      • 4274

                      All "featured", centerfire, semi automatic firearms need to be registered whether you built them or bought them at Walmart.

                      Comment

                      • V13
                        Junior Member
                        • Jan 2016
                        • 81

                        Originally posted by VaderSpade
                        All "featured", centerfire, semi automatic firearms need to be registered whether you built them or bought them at Walmart.


                        Thank you


                        Sent from my iPhone using Tapatalk

                        Comment

                        • Cokebottle
                          Señor Member
                          CGN Contributor - Lifetime
                          • Oct 2009
                          • 32373

                          Originally posted by V13
                          Post 9 is what's confusing me. I bought all my lowers before the date. But I have buddies buying 80% swearing they have a year and a half to build and serial. One even called the doj. Very confusing
                          Some are also confusing the assault weapons ban with the ghost gun ban, including some in this thread who have been contacting DOJ and being given information that is inconsistent with what is published in the DOJ regulations.

                          Some details are unclear because of the wording of the law, and the wording of the new CCRs.


                          We know from the AW Ban:
                          The window for completing a build with intent to register as an AW closed Dec 31 2016. The new law clearly states that "the AW" must have been legally possessed from 2001 to 2016. A bare lower or 80% is by definition not an AW, thus, a lower completed this year can not legally be registered.


                          We know from the Ghost Gun Ban:
                          If BATFE-compliant engraving is not complete prior to 7-1-2018, we will have to apply to the DOJ for a serial number that will have to be engraved prior to 1-1-2019.
                          It appears that registration into some form of database will be required prior to 7-1-2018, but there is some conflicting information including information posted by one of the 80% suppliers. The language does appear to be in the new law.


                          We believe, based on the wording of the law and the CCRs:
                          A new build, using a Franklin DFM or Patriot Button satisfies the AW Ban, leaving the build subject only to the Ghost Gun Ban regulations in 2018/2019 *

                          *The build still must be compliant with SSE2. It must be initially completed as a single shot, break-top build, and must be in that configuration when submitted for VolReg.


                          Unclear:
                          The wording of the law and CCRs change the wording of "capable of accepting a detachable magazine" to "but does not have a fixed magazine"... however, this wording was not changed in the definition of pistol features. Thus, if the barrel shroud is removed and there is no flash hider, the bullet button may, as it always has, satisfied the language defining the magazine attachment method as a "feature". *

                          *The build still must be compliant with SSE2. It must be initially completed as a single shot, break-top build, and must be in that configuration when submitted for VolReg.


                          Unclear:
                          The new DOJ CCR states that effective NOW any 80% that is intended to be registered as an AW requires a DOJ-assigned serial number. "A DOJ Supervisor" is advising a Calguns member that the serial number assignment system will not be in place until 2018.


                          Unclear (but likely to be the case):
                          The new DOJ CCR states that the magazine attachment method in place at the time of submission for registration as RAW may not be changed except as like-for-like i.e. the bullet button may not be changed out for a standard mag release. This is in the CCR, but is not supported by the law as written. There is a legal challenge in the works for the CCR.
                          - Rich

                          Originally posted by dantodd
                          A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

                          Comment

                          • Cokebottle
                            Señor Member
                            CGN Contributor - Lifetime
                            • Oct 2009
                            • 32373

                            Originally posted by VaderSpade
                            All "featured", centerfire, semi automatic firearms need to be registered whether you built them or bought them at Walmart.
                            "Without a fixed magazine"
                            - Rich

                            Originally posted by dantodd
                            A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

                            Comment

                            • heyjerr
                              CGN/CGSSA Contributor - Lifetime
                              CGN Contributor - Lifetime
                              • Feb 2008
                              • 1177

                              Originally posted by ReddingShooter
                              see originally when i spoke with derrick at DOJ h told me that the serial number request and issuance stuff didnt start till a2018, and that after that, you had to apply to DOJ for a serial number and engrave it on the lower BEFORE making your first cut, and it had to be built as featureless, 22lr or fixed mag.
                              Here's where I get curious. So if you get the serial number and decide to put that on before making your first cut, you have a serialized 80%. What if you decide that it's too much work to mill yourself and want to sell it. Is it still an 80% or is it now over the threshold and needs to be DROS'd even though it's not technically a firearm yet? Or is it technically now a firearm?
                              Do not try and bend the spoon, that's impossible. Instead, only try to realize the truth...there is no spoon.

                              Comment

                              • NissanPreRunner
                                Member
                                • Jan 2012
                                • 448

                                It's just a paperweight with a make/model/serial number/etc. as per BATFE rules. I don't think it's possible to DROS a paperweight since it's not technically a firearm yet.

                                Sent from somewhere in space and time using Tapatalk
                                Last edited by NissanPreRunner; 01-17-2017, 10:01 AM.

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