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Piecing together ar pistol?

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  • Rich1911
    Member
    • May 2020
    • 418

    Piecing together ar pistol?

  • #2
    TurboChrisB
    Calguns Addict
    • Mar 2010
    • 5116

    Do a search under "Constructive Possession" here and you'll get all the info you need. It's a grey area. If the pd storm your house and take your guns? Then yeah, having a 10" upper could be a problem when the local DA wants to pile on every charge under the sun.

    That said....I had them before I had lowers. But I was confident I wasn't going to have LEO's going through my safe.

    At the least you wouldn't want to keep them together with AR rifles.

    Comment

    • #3
      Jimi Jah
      I need a LIFE!!
      • Jan 2014
      • 18288

      Mine was a loud range toy. It got attention but wasn't that fun to shoot. My Henry Golden Boy .22 is far more accurate and doesn't hurt the eardrums.

      Due to all the legal traps the lower was converted to a rifle. The upper I'll sell to the next victim.

      Comment

      • #4
        Quiet
        retired Goon
        • Mar 2007
        • 30241

        Originally posted by Rich1911
        Looking to put together a pistol build, and have been seeing a bunch of uppers for good prices that are very enticing. However, I do not have a pistol lower at the moment. Am I able to purchase an upper BEFORE having a host lower? I think I read that it’s potential for trouble in the past if I have other rifles? Or should I wait until I can snag a lower first?
        Quick summary:
        a. Less than 16" barrel length AR upper + nothing that can use it = legal
        b. Less than 16" barrel length AR upper + AR pistol = legal
        c. Less than 16" barrel length AR upper + AR pistol + AR rifle = legal
        d. Less than 16" barrel length AR upper + AR rifle = illegal SBR [PC 17170(e)]



        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.
        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).

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        • #5
          Rich1911
          Member
          • May 2020
          • 418

          Originally posted by Quiet
          Quick summary:
          a. Less than 16" barrel length AR upper + nothing that can use it = legal
          b. Less than 16" barrel length AR upper + AR pistol = legal
          c. Less than 16" barrel length AR upper + AR pistol + AR rifle = legal
          d. Less than 16" barrel length AR upper + AR rifle = illegal SBR [PC 17170(e)]



          Penal Code 17170
          Thank you. Pretty much it is illegal to have complete ar rifles and be in possession of a pistol upper WITHOUT a pistol lower. It is what it is...

          Comment

          • #6
            SkyHawk
            I need a LIFE!!
            • Sep 2012
            • 23490

            Originally posted by Rich1911
            Thank you. Pretty much it is illegal to have complete ar rifles and be in possession of a pistol upper WITHOUT a pistol lower. It is what it is...
            That is correct




            Held, a firearm, as defined by the National Firearms Act (NFA), 26 U.S.C. 5845(a)(3), is made when unassembled parts are placed in close proximity in such a way that they:
            (a) Serve no useful purpose other than to make a rifle having a barrel or barrels of less than 16 inches in length (e.g., a receiver, an attachable shoulder stock, and barrel of less than 16 inches in length); or

            (b) Convert a complete weapon into such an NFA firearm, including

            (1) A pistol and attachable shoulder stock; and

            (2) A rifle with a barrel of 16 inches or more in length, and an attachable barrel of less than 16 inches in length.
            Last edited by SkyHawk; 03-18-2022, 3:42 PM.
            Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

            Comment

            • #7
              mr goodguy
              Senior Member
              • Oct 2014
              • 746

              Good morning everyone, the question is what if you have a pistol lower and 2 pistol upper is that legal? I did not see that being mentioned. I see a lot of people selling less than 16 inches upper. Thanks in advance

              Comment

              • #8
                ar15robert
                Senior Member
                • Sep 2002
                • 2434

                Originally posted by mr goodguy
                Good morning everyone, the question is what if you have a pistol lower and 2 pistol upper is that legal? I did not see that being mentioned. I see a lot of people selling less than 16 inches upper. Thanks in advance
                As long as you gave that pistol lower. You can swap the uppers depending on which one you like more.

                Comment

                • #9
                  SPC G
                  Member
                  • Dec 2007
                  • 239

                  Off topic but in the near future are ar15 pistols arm braces soon to be a no go?

                  Comment

                  • #10
                    Quiet
                    retired Goon
                    • Mar 2007
                    • 30241

                    Originally posted by SPC G
                    Off topic but in the near future are ar15 pistols arm braces soon to be a no go?
                    Unknown, because the BATFE has not published their finalized regulations on the matter.

                    However, under the proposed rule change, it will cause an arm stabilizing brace to be treated as shoulder stock.

                    Which means...
                    Throughout the USA, the firearm must be processed into a BATFE approved Title 2 SBR/SBS, during the Federal grace period, in order to remain legal with the arm stabilizing brace attached under Federal laws or have the arm stabilizing brace removed and disposed of, before the end of the Federal grace period.

                    Additionally for CA, BATFE will not approve a Title 2 SBR/SBS, unless the applicant has a valid CA DOJ Dangerous Weapons Permit for a SBR/SBS.

                    End result for people in CA, arm stabilizing braces will need to be removed from all firearms that are not a BATFE/CA DOJ approved SBR/SBS.
                    Last edited by Quiet; 03-19-2022, 8:46 AM.
                    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

                    • #11
                      waygeekierthanu
                      Vendor/Retailer
                      • Sep 2010
                      • 2718

                      I can get you a pistol lower ASAP, I even have a semi auto one on consignment

                      Sent from my SM-G781U1 using Tapatalk
                      We have 2011 single shot pistols available!

                      We have Atlas gun works single shot 2011 available! If it is on their website we can get it for you.

                      We have single shot AR pistols in stock!

                      website

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