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11" of 9mm PCC upper question?

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  • glockstan
    Member
    • Nov 2007
    • 459

    11" of 9mm PCC upper question?

    Can I own and operate a 11" of 9mm PCC upper?
    Is it legal to use and operate it in California without troubles?
    Thank you.
  • #2
    G-forceJunkie
    Calguns Addict
    • Jul 2010
    • 6149

    Only on a pistol

    Comment

    • #3
      Quiet
      retired Goon
      • Mar 2007
      • 30240

      Originally posted by glockstan
      11" of 9mm PCC upper question?

      Can I own and operate a 11" of 9mm PCC upper?
      Is it legal to use and operate it in California without troubles?
      Thank you.
      It is legal to own the upper by itself.

      It is legal to own the upper and a pistol that can use the upper.

      It is illegal to own the upper and only a rifle that can use the upper.


      The less than 16" barreled upper attached to a rifle lower that can use it, meets the Federal and CA definition of a SBR.

      The less than 16" barreled upper that is unattached but with a rifle lower that can use it, still meets the Federal and CA definition of a SBR.

      Making or possessing a SBR in the USA without BATFE approval are Federal felonies.
      Making or possessing a SBR in CA without CA DOJ approval are CA felonies.


      Bottom line...

      If you do not have ownership or possession of any rifle that can use it, then it is CA legal to have it unattached to a firearm.

      If you have a pistol that can use it, then it is CA legal to have it.

      If you only have a rifle that can use it, then it is illegal under Federal and CA laws to have it.



      Penal Code 17170
      As used in this part, “short-barreled rifle” means any of the following:
      (a) A rifle having a barrel or barrels of less than 16 inches in length.
      (b) A rifle with an overall length of less than 26 inches.
      (c) Any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length.
      (d) Any device that may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subdivisions (a) to (c), inclusive.
      (e) Any part, or combination of parts, designed and intended to convert a device into a device defined in subdivisions (a) to (c), inclusive, or any combination of parts from which a device defined in subdivisions (a) to (c), inclusive, may be readily assembled if those parts are in the possession or under the control of the same person.

      Penal Code 33215
      Except as provided in Sections 33220 and 33225 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any short-barreled rifle or short-barreled shotgun is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
      sigpic

      "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

      Comment

      • #4
        glockstan
        Member
        • Nov 2007
        • 459

        Originally posted by Quiet
        It is legal to own the upper by itself.

        It is legal to own the upper and a pistol that can use the upper.

        It is illegal to own the upper and only a rifle that can use the upper.


        The less than 16" barreled upper attached to a rifle lower that can use it, meets the Federal and CA definition of a SBR.

        The less than 16" barreled upper that is unattached but with a rifle lower that can use it, still meets the Federal and CA definition of a SBR.

        Making or possessing a SBR in the USA without BATFE approval are Federal felonies.
        Making or possessing a SBR in CA without CA DOJ approval are CA felonies.


        Bottom line...

        If you do not have ownership or possession of any rifle that can use it, then it is CA legal to have it unattached to a firearm.

        If you have a pistol that can use it, then it is CA legal to have it.

        If you only have a rifle that can use it, then it is illegal under Federal and CA laws to have it.



        Penal Code 17170Penal Code 33215
        Except as provided in Sections 33220 and 33225 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any short-barreled rifle or short-barreled shotgun is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

        Thank you 🙏 very much,
        Very clear info and understandable. 👍👍
        THANK YOU

        Comment

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