AR pistol

[RickD427]

As many posters have correctly pointed out, as a roster-exempt LEO, you can purchase a Pistol AR Lower. Ordinary folks cannot.

No statute clearly precludes you from building the lower into a legally configured pistol. However, DOJ appears to be taking the view that assembling a weapon from component parts is an act of "Manufacturing" the completed firearm. That view has not yet been tested in court. It would be wise to consider how your chief would view it if you became a test case.

This is a significant point. As an roster-exempt LEO, you may purchase an off-roster handgun, but you are not permitted to manufacture an off-roster handgun. Please refer to PC 32000(b)(6) noting that only the "sale" or "purchase" is exempted. Nothing in there about "manufacture".

The same distinction applies if you seek to build the pistol into an "Assault Weapon" configuration. You can lawfully purchase, and register, an "Assault Weapon" pistol (with departmental approval), but you cannot manufacture one yourself.

[H3nchman]

Not an LEO, but looking to purchase a pistol lower from an LEO. I would assemble this into a mag locked pistol. Are you saying doing that would be manufacturing an unsafe handgun?

[RickD427]

Not an LEO, but looking to purchase a pistol lower from an LEO. I would assemble this into a mag locked pistol. Are you saying doing that would be manufacturing an unsafe handgun?

That's a good question, and one without a clear answer.

If you strictly read the statutes, and consider only the case law that is binding on California courts, then nothing would clearly prevent you from completing your build.

But DOJ has recently adopted an expanded view of what constitutes "manufacturing." That view appears to be based in the Fourth Circuit's decision in Broughman v Carver coupled with the Broughman-ish definition of manufacturing contained in AB-857. There is no case law that I am aware of that addressed the expanded view and DOJ-authored materials on the subject contain the "weasel-words" that assembling a handgun from part may constitute "manufacturing."

Broughman was an FFL01 (Dealer) who purchased completed firearms from legal manufactures, but then modified them by exchanging parts (primarily barrels, stocks and triggers) to his customer's specifications. He then transferred the firearms to his customers using his FFL01 license. The BATF alleged that he was actually manufacturing new firearms from the original firearms that he had purchased. Broughman's position was that identity of a firearm was in the receiver and since he made no changes to the receiver, all he did was swap out parts attached to the receiver, his actions did not amount to "manufacturing." The court sided with the BATF essentially holding that an "old" firearm could be manufactured into a "new" firearm by changing the parts, even if the receiver was unchanged. The court noted that Broughman's changes were significant in scope and it specifically excluded minor changes to a firearm from being considered as "manufacturing. California adopted the Broughman definition of "manufacturing" in AB 857 without the small change exclusion. AB 857 only applied the new definition to the requirements to obtain a serial number for newly built weapons.

It is important to note that even though Mr. Broughman was an FFL dealer, the holding was not limited to FFL dealers. It's also important to note that while California defined the term "manufacture" only in the narrow context of the initial assignment of serial numbers, the term remains undefined in the remainder of the code. The problem is that when a term is undefined, a court typically looks to its use in other portions of the code for meaning, not because it is mandated to accept that meaning, but because it chooses to do so as a matter of interpretation. And that appears to be what DOJ has done.

If you go with the DOJ reasoning, then yes, you be manufacturing an "Unsafe Handgun" in violation of PC 32000.

[ADAMC4]

Are you able to purchase a complete AR Pistol and have it shipped to your local FFL and register it as a pistol.....if your LEO??

[ugimports]

Yes, As long as it's not an assault weapon it's just another off-roster pistol.

[RickD427]

Yes, As long as it's not an assault weapon it's just another off-roster pistol.

It's also important to note that a qualified LEO can also purchase an off-roster pistol that is configured as an "Assault Weapon" with the authorization of their agency head. Please refer to Penal Code section 30630(b)(1).

[ugimports]

It's also important to note that a qualified LEO can also purchase an off-roster pistol that is configured as an "Assault Weapon" with the authorization of their agency head. Please refer to Penal Code section 30630(b)(1).

If you go this route you can only have it delivered to an FFL that has an AW permit. There are far fewer of those than "regular" FFLs.