BB Question

[BAJ475]

My brother who is not a California resident wants me to help him put together an AR rifle. Since he does not need a bullet button where he lives, can we just not install any mag release or do we need to install the BB as part of the assembly while the rifle is in California? My idea would be to install a BB and test fire the rifle and then remove the BB and have him install the regular mag release once he leaves California.

[EBR Works]

A bullet button needs to be installed while in CA if a semi-auto centerfire upper is attached to the lower and the rifle has any "features". Once you're done with the test fire, detach the upper and then you can remove the BB and install a standard release. Just don't reattach the upper until outside of California. If you don't feel comfortable doing that, leave the bullet button on the lower and he can mail it back to you.

[BAJ475]

Thanks for the reply. Just separating the upper and lower is simpler than what I contemplated.

[Librarian]

A bullet button needs to be installed while in CA if a semi-auto centerfire upper is attached to the lower and the rifle has any "features". Once you're done with the test fire, detach the upper and then you can remove the BB and install a standard release. Just don't reattach the upper until outside of California. If you don't feel comfortable doing that, leave the bullet button on the lower and he can mail it back to you.

The outlier case in Nguyen leaves 'constructive possession' on the table; just separating an upper and lower is unlikely to be sufficient.

The People v. Nguyen Decision
The People v. Nguyen opinion ((2013) 212 Cal.App.4th 1311) presents serious dangers for
California firearm owners and dealers. The decision can arguably be read to hold that a person cannot
possess firearm parts that, if put together a certain way, would create an illegal “assault weapon.” It is
specifically laid out in both California and federal law that possessing the parts of machineguns, shortbarreled
rifles and short-barrelled shotguns is illegal. Possession of unassembled parts of those firearms
can be prosecuted as possession of the illegal firearm, just as if the parts were fully assembled.

[ugimports]

The outlier case in Nguyen leaves 'constructive possession' on the table; just separating an upper and lower is unlikely to be sufficient.

Does the Nguyen opinion also mean that if you have a standard mag release for any magazine lock equipped rifle constructive possession may occur?

Does it also mean that having a >10 round mag for any magazine lock equipped rifle would mean constructive possession also?

I was not aware of the ramifications of that case.

[Librarian]

Does the Nguyen opinion also mean that if you have a standard mag release for any magazine lock equipped rifle constructive possession may occur?

Does it also mean that having a >10 round mag for any magazine lock equipped rifle would mean constructive possession also?

I was not aware of the ramifications of that case.

Both are possible arguments a prosecutor might make. I am not aware that any have yet done so.

[ugimports]

that sucks.

[dbdataplus]

Librarian is quite right. I've dealt with the issues of constructive knowledge and constructive possession in my professional life and it's very clear on one hand and very open to interpretation on the other. It would be very easy for them to argue and to convince a jury that the mag release has no other purpose ... serves no function in existence ... except to be reunited with a compatible lower in violation of the law.

So if you separate the lower and the upper and reinstall the release, you are casting your fate to the winds and the whim of the person stopping you.


Even if you are right and they are wrong ... it could grow into a huge and expensive hassle for you to get out from under it.

[ugimports]

Where does it end? Does an Alan Wrench mean constructive possession of an AW for AK mag locks or any rifle with a grip wrap.

It can easily be shown (by a competent lawyer) that a standard magazine release is kept around for future use with a rimfire upper for instance.

This is all lame, but I suppose it is the state we live in.

[Calico1404]

Now with definitions of a lower being an actual weapon, would the ability to take a detachable mag and a pistol grip automatically make this a CA no go? Regardless of upper attached or not?