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Question ? Building AR pistols from lowers

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  • ty.
    Member
    • Feb 2007
    • 129

    Question ? Building AR pistols from lowers

    I have a few Spikes Uppers & Lowers that I bought back in early December. I would like to know if I can legally take a upper/lower set and build a AR pistol? I already know about the 10 round mag rule but I get different people telling me different things. Any help on the subject would be great and thank you in advance.
    "keep it simple & keep it to yourself"
  • #2
    beerup949
    Senior Member
    • Feb 2009
    • 1588

    I think the lower has to be marked and registered as a pistol before.

    Comment

    • #3
      dantodd
      Calguns Addict
      • Aug 2009
      • 9360

      It needs to be registered as a pistol (a virgin receiver is theoretically legal but the AG doesn't like them and it "may" cause drama if and when a cop runs the serial number.) it does not need to be specifically marked as a pistol lower.
      Coyote Point Armory
      341 Beach Road
      Burlingame CA 94010
      650-315-2210
      http://CoyotePointArmory.com

      Comment

      • #4
        IVC
        I need a LIFE!!
        • Jul 2010
        • 17594

        Almost certainly not. If you bought a stripped lower, it has been transferred to you as a "rifle" unless you went through the whole SSE process (which you'd remember) so putting a short upper and no stock is a no-go.
        sigpicNRA Benefactor Member

        Comment

        • #5
          pterrell
          CGN/CGSSA Contributor
          • Aug 2013
          • 3576

          There are only two ways to have an AR pistol in CA.

          1. Mill the lower yourself
          2. Buy a complete AR pistol lower from your LGS.

          Stripped lowers are DROSed as rifles in California. In every other state (or most), they're run as "Other"
          Dear ISIS, Texas is not known for their gun free zones.


          Patches sold here. I am not affiliated with this page in any way.

          Comment

          • #6
            dantodd
            Calguns Addict
            • Aug 2009
            • 9360

            Virgin lowers in CA are NOT transferred as "rifles", they are transferred as "long guns".

            While the distinction may seem insignificant it isn't. I would not attempt to build a pistol off of a virgin receiver nor would I suggest anyone else do so but it is not technically illegal.

            If the receiver is first built as a rifle it is illegal to change it later to a pistol due to short barreled rifle laws.
            Coyote Point Armory
            341 Beach Road
            Burlingame CA 94010
            650-315-2210
            http://CoyotePointArmory.com

            Comment

            • #7
              CZ man in LA
              Senior Member
              • Apr 2013
              • 1927

              Originally posted by pterrell
              There are only two ways to have an AR pistol in CA.

              1. Mill the lower yourself
              2. Buy a complete AR pistol lower from your LGS.

              Stripped lowers are DROSed as rifles in California. In every other state (or most), they're run as "Other"
              You forgot:

              3. Buy an AR pistol if available from your LGS
              "Prohibit the peasants from owning katanas, wakizashis, arrows, spears, or matchlock rifles. If the peasants are armed, they will not pay nengu (taxes) and they will not be subordinate to the officials."

              Toyotomi Hideyoshi's Sword Hunt Edict of 1588, establishing the class division between the peasants (commoners) and the samurai (the governing elites).

              sigpic

              Comment

              • #8
                funnybookz
                Senior Member
                • Nov 2012
                • 1105

                As others have said, stripped lowers are DROSed as "Long Guns." Therefore, making them into a pistol would make them illegal SBRs.

                Buy an AR pistol through a FFL via SSE or Build one from an 80% lower, again via SSE. There are plenty of threads on here that explain how to do this legally.
                Last edited by funnybookz; 04-22-2014, 12:22 AM. Reason: typo
                Illustrator and Graphic Designer

                Comment

                • #9
                  dantodd
                  Calguns Addict
                  • Aug 2009
                  • 9360

                  Originally posted by funnybookz
                  As others have said, stripped lowers are DROSed as "Long Guns." Therefore, making them into a pistol would make them illegal SBRs.
                  I'm not aware of any such law, do you mind posting it? I am only familiar with laws preventing the creation of handguns from rifles. I know of no similar prohibition regarding non-rifle long guns.
                  Coyote Point Armory
                  341 Beach Road
                  Burlingame CA 94010
                  650-315-2210
                  http://CoyotePointArmory.com

                  Comment

                  • #10
                    Quiet
                    retired Goon
                    • Mar 2007
                    • 30241

                    Originally posted by dantodd
                    I'm not aware of any such law, do you mind posting it? I am only familiar with laws preventing the creation of handguns from rifles. I know of no similar prohibition regarding non-rifle long guns.
                    Now with long gun registration, it gets trickier.

                    Starting 01-01-2014, a lower DROS'd as a long gun, would have been "registered" as a rifle in the DROS system.

                    Now that there is a record of it being a rifle...

                    Under CA laws [PC 17170(c)]...
                    A weapon made from a rifle that has a less than 16" barrel or less than 26" overall length is considered a SBR.
                    Last edited by Quiet; 04-22-2014, 8:02 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
                      bohoki
                      I need a LIFE!!
                      • Jan 2006
                      • 20748

                      Originally posted by Quiet
                      Now with long gun registration, it gets trickier.

                      Starting 01-01-2014, a lower DROS'd as a long gun, would have been "registered" as a rifle in the DROS system.

                      Now that there is a record of it being a rifle...

                      Under CA laws [PC 17170(c)]...
                      A weapon made from a rifle that has a less than 16" barrel or less than 26" overall length is considered a SBR.
                      are pistol grip only 12 ga firearms now forever tainted as a "shotgun"

                      does this mean that franklin armory's csw is now a "rifle"

                      Franklin Armory is a California & Nevada quality based AR-15 manufacturer. We offer quality, reliable firearms for civilians, law enforcement, & military agencies

                      Comment

                      • #12
                        Trickracen
                        Senior Member
                        • Feb 2012
                        • 629

                        Originally posted by funnybookz
                        As others have said, stripped lowers are DROSed as "Long Guns." Therefore, making them into a pistol would make them illegal SBRs.

                        Buy an AR pistol through a FFL via SSE or Build one from an 80% lower, again via SSE. There are plenty of threads on here that explain how to do this legally.
                        You said "Build one from an 80% lower, again via SSE."

                        You do not need a SSE or FFL for an 80% lower. 80% lower can be purchased and mailed directly to your house, it is not considered a firearm yet. But once you do complete a 80%, which legally has to be done by whoever will own it, can never be sold either (Legally).

                        Also you still have to abide to local laws for a pistol AR; for CA, no stock, bullet button, can not have vertical grip, Angled forehand grip is ok, 10rnd mag, and barrel I believe has to be minimum 8.5 inches. If something is wrong or missed, maybe someone can chime in.
                        Last edited by Trickracen; 04-22-2014, 10:07 AM.

                        Comment

                        • #13
                          ke6guj
                          Moderator
                          CGN Contributor - Lifetime
                          • Nov 2003
                          • 23725

                          Originally posted by Trickracen
                          You said "Build one from an 80% lower, again via SSE."

                          You do not need a SSE or FFL for an 80% lower. 80% lower can be purchased and mailed directly to your house, it is not considered a firearm yet. But once you do complete a 80%, which legally has to be done by whoever will own it, can never be sold either (Legally).
                          there is no exemption from the roster for homebuild semi-auto handguns. even for 80%, you must manufacture a dimensionally-compliant single shot handgun to comply with the roster. after which, there is no law that prohibits you from modifying into a semi-auto handgun.
                          Jack



                          Do you want an AOW or C&R SBS/SBR in CA?

                          No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                          Comment

                          • #14
                            caliberetta
                            Veteran Member
                            • Jan 2014
                            • 2731

                            Originally posted by Trickracen
                            You said "Build one from an 80% lower, again via SSE."

                            You do not need a SSE or FFL for an 80% lower. 80% lower can be purchased and mailed directly to your house, it is not considered a firearm yet. But once you do complete a 80%, which legally has to be done by whoever will own it, can never be sold either (Legally).

                            Also you still have to abide to local laws for a pistol AR; for CA, no stock, bullet button, can not have vertical grip, Angled forehand grip is ok, 10rnd mag, and barrel I believe has to be minimum 8.5 inches. If something is wrong or missed, maybe someone can chime in.
                            (emphasis added to your post above for reference)

                            Meeting SSE requirements is a necessary step in the assembly of an AR Pistol from an 80% Lower Receiver. The only legal path to that in Cali is as follows:

                            (1) The 80% Lower Receiver must be solely completed to 100% by its owner
                            (2) The assembled parts on the Receiver must first be completed as a Single Shot Pistol, in order to meet the Single Shot Exemption rule.

                            Thereafter, the Single Shot AR Pistol, may now freely be converted to Semi-Automatic.

                            More info and references here: http://www.calguns.net/calgunforum/s...d.php?t=887242
                            Last edited by caliberetta; 04-22-2014, 9:53 PM.

                            Comment

                            • #15
                              tonelar
                              Dinosaur
                              • Mar 2008
                              • 6080

                              Originally posted by Trickracen
                              Also you still have to abide to local laws for a pistol AR; for CA, no stock, bullet button, can not have vertical grip, Angled forehand grip is ok, 10rnd mag, and barrel I believe has to be minimum 8.5 inches. If something is wrong or missed, maybe someone can chime in.
                              Is it only in featureless rifle builds that the AFG is a no go, these days? Also, I thought you could go shorter than 8.5" bbl by first using a barrel extension to satisfy SSE status (irt bbl length)..

                              Later, if you choose to convert it to semi-auto, you aren't held to any particular barrel or OAL.
                              sigpic

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