Disassembled firearm question

[crowbar1]

Sorry if this topic has been covered. I ran a search but did not find.....

I was told that if you had non-CA firearm (AW, SBR, evil features or so on), and it was disassembled, then it would be legal because it is not a "firearm", it is just "parts", therefore legal....

Is this true, or just nonsense?

If true, what defines disassembled? (upper apart from lower, or all parts removed)

Thanks in advance, and most of all, please be safe out there!!!

[Tallship]

Sorta not true. The only part of a gun that is a "firearm" is the serialized receiver or frame, all other parts are just "parts". However, that non-CA receiver or frame is just as illegal even if it doesn't have all the other "parts" attached to it. However, when you're talking about a SBR or "evil features", those are designated so because of the "parts" that they have on them.

So if you have a 14" shotgun barrel sitting in your drawer, you re not breaking the law. Put it on a shotgun, however, and you are committing a felony. But if you have a Colt Sporter stripped lower sitting in your drawer, you are in possession of an AW. Got it?

[Ron-Solo]

Sorta not true. The only part of a gun that is a "firearm" is the serialized receiver or frame, all other parts are just "parts". However, that non-CA receiver or frame is just as illegal even if it doesn't have all the other "parts" attached to it. However, when you're talking about a SBR or "evil features", those are designated so because of the "parts" that they have on them.

So if you have a 14" shotgun barrel sitting in your drawer, you re not breaking the law. Put it on a shotgun, however, and you are committing a felony. But if you have a Colt Sporter stripped lower sitting in your drawer, you are in possession of an AW. Got it?

You've tried to simplify this way too much, and it is on dangerous ground. If you have an SBR upper, and a rifle receiver it will fit on, you have an illegal SBR.

Aviod NFA issues, especially in CA.

[CSACANNONEER]

So if you have a 14" shotgun barrel sitting in your drawer, you re not breaking the law. Put it on a shotgun, however, and you are committing a felony. But if you have a Colt Sporter stripped lower sitting in your drawer, you are in possession of an AW. Got it?

Very wrong! Your statement holds true for Ca AWs but not for NFA items like SBSs. The mere fact you have constructive possession of a short barrel and a receiver, even if the parts are in different states 3000 miles away from each other, you are in violation of Federal law and looking at an extended vacation in Club Fed.

Of course, there are legal ways to own a AOW, C&R SBS or C&R SBR in California.

[crowbar1]

Thank you for the info guys.

I see the point about the NFA stuff, and the Listed stuff. Makes sense.....

What about if you stopped someone who had an OLL with no BB and an upper that was not attached? Would you let them go, or did they break the law?

Since I saw the other threads on this forum:

**DISCLAMER**
**Even though these fine men and women put their life on the line every day to keep me and my family safe, and have lots of training on the laws they are paid to uphold, I understand that their friendly, FREE advice trying to help people on this forum should not be used as legal advice or I and they will be labled as wrong and in need of an attorney**

[Tallship]

Very wrong! Your statement holds true for Ca AWs but not for NFA items like SBSs. The mere fact you have constructive possession of a short barrel and a receiver, even if the parts are in different states 3000 miles away from each other, you are in violation of Federal law and looking at an extended vacation in Club Fed.

Of course, there are legal ways to own a AOW, C&R SBS or C&R SBR in California.

You're right, I should have noted that NFA parts and receivers are subject to constructive possession. Bad example, should have used a folding stock and semi-auto shotgun.

[Notorious]

But again, if you have a properly registered AR pistol, which by definition, has a SBR upper, mated to a proper AR pistol lower, and you have a bunch of full-on AR-15 rifles, bullet buttoned or featureless... would that be a moot point since there is no "free" lower to mate it to or is it still a constructive construction issue?

[rromeo]

If you have one AR pistol lower, you may have a short barrelled upper, or two or ten. It could get sticky if you have a rifle lower and no upper with a 16" barrel.
Also, even just a barrel by itself is regulated, not even the upper.

[Notorious]

So, what if I just have a stripped pistol lower in my possession, never built, and I buy up a ton of 7.5" or 10" uppers, maybe say... 10 or 20 of them, because I have that kind of time to go broke like that... and I also have like a few rifle lowers, built, with or without rifle uppers on them. Some complete rifles, some just built rifle lowers. But the short uppers are never put on the rifle lowers, just kept in the same safe, where they might come into contact due to proximity or an earthquake, but never mated and made into a functioning firearm.

How would that work?

[rromeo]

It would be a good idea to have at least one rifle upper for every rifle lower if you have more pistol uppers than lowers.

1 pistol lower and 1 pistol upper+1 rifle lower and 1 rifle upper=good
1 pistol lower and 2 pistol uppers+1 rifle lower and 1 rifle upper=good
1 pistol lower and 2 pistol uppers+2 rifle lowers and 1 rifle upper=possible trouble

Don't have a free lower, a prosecutor could easily paint a bad picture.

[Notorious]

It would be a good idea to have at least one rifle upper for every rifle lower if you have more pistol uppers than lowers.

1 pistol lower and 1 pistol upper+1 rifle lower and 1 rifle upper=good
1 pistol lower and 2 pistol uppers+1 rifle lower and 1 rifle upper=good
1 pistol lower and 2 pistol uppers+2 rifle lowers and 1 rifle upper=possible trouble

Don't have a free lower, a prosecutor could easily paint a bad picture.

Right. I understand that part. I have quite a few stripped rifle lowers, built rifle lowers and complete rifles.

But my concern is about stripped pistol lowers. If I buy a stripped pistol lower, can I buy the pistol upper and never build the pistol lower? After all, the only thing the prosecutor can go on is my intent. If I never get around to building the pistol lower, and I have the LPK, then it is what it is. If I have a stripped pistol lower, no LPK, a pistol upper, and whatever I have as far as rifle parts go, I can see that going badly.

Guess I am off to DROS a few pistol lowers and maybe buy an AR pistol?

[Ron-Solo]

NFA stuff is dangerous legal ground to walk.

[CSACANNONEER]

Right. I understand that part. I have quite a few stripped rifle lowers, built rifle lowers and complete rifles.

But my concern is about stripped pistol lowers. If I buy a stripped pistol lower, can I buy the pistol upper and never build the pistol lower? After all, the only thing the prosecutor can go on is my intent. If I never get around to building the pistol lower, and I have the LPK, then it is what it is. If I have a stripped pistol lower, no LPK, a pistol upper, and whatever I have as far as rifle parts go, I can see that going badly.

Guess I am off to DROS a few pistol lowers and maybe buy an AR pistol?

From a Federal stand point, any lower which has never had a rifle upper on it is GTG as a pistol. So, as long as you have a stripped AR (no matter how it is marked, a virgin lower is a only receiver. It is not a "pistol receiver" or a "rifle receiver" until it has been built into one or the other) lower which has never been a rifle, you should be able to have a pistol upper.

[Notorious]

From a Federal stand point, any lower which has never had a rifle upper on it is GTG as a pistol. So, as long as you have a stripped AR (no matter how it is marked, a virgin lower is a only receiver. It is not a "pistol receiver" or a "rifle receiver" until it has been built into one or the other) lower which has never been a rifle, you should be able to have a pistol upper.

But I thought in CA, once you register your stripped lower as a rifle, you cannot turn it into a pistol lower?

That's why you have to buy a stripped lower from a specialty dealer that can register it as a pistol, no?

I know you are talking about the federal viewpoint, but wouldn't the CA laws also come into play when determining if you have a pistol lower or rifle lower?

[CSACANNONEER]

But I thought in CA, once you register your stripped lower as a rifle, you cannot turn it into a pistol lower?

That's why you have to buy a stripped lower from a specialty dealer that can register it as a pistol, no?

I know you are talking about the federal viewpoint, but wouldn't the CA laws also come into play when determining if you have a pistol lower or rifle lower?

No one knows for sure. BTW, you don't "register" rifles in California unless, you do so with a voluntary form or it's an AW or 50BMG rifle. I sure as hell think it would be legal to take your virgin stripped lower to another state and assemble it as a pistol. Then, bring the gun you already legally DROSed back to Ca with you. But, IANAL and I am not giving legal advise here!