B&T TP9 "Barrel Guide" vs. "Threaded Barrel"

[brogrammer]

Tonight I went to start an out-of-state transfer for a B&T TP9

After having the gun shipped to a CA FFL and they stated that "the barrel was threaded without a fixed magazine", therefore it is an assault weapon per. CA law

(4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following:

(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.

When I read the law, I read "a threaded barrel", I think "threading" - which I assumed the proprietary adapters made by B&T were not technical "threads" - but assuming they are "threads" are they actually considered to be on the barrel-

On closer examination of the breakdown of the gun - the adapter is not part of the "barrel" per the manufacturer's specification, but part of a "barrel guide" (B&T has a system that rotates the barrel during operation, this system/guide is a separate part of the weapon then the barrel itself (per. the manufacturer's design), the "threading" in question physically not part of the barrel.

http://gunownersresource.com/?wpfb_dl=413 (page 12-13)
4 Barrel Guide BT-30227 3
5 Barrel BT-30226

As an FFL how would you interpret this - Thank you!

[ugimports]

Does the receiving FFL have an AW license? If not then
a) the firearm should have been turned over to PD
b) possibly shipped back from where it came (although that is technically a felony still)

Regardless of the above I can tell you that I personally know of 1 person that had one. I had completed the PPT to him and 2 years later CA DOJ raided his house and took it. They never charged him with a crime and when he filed paperwork to get it back they said it was lost. He wrote it off because it would have cost him more in legal fees to get it back then the cost of the firearm. This was too much of an edge case for any of the pro 2A firms to fight for it on 2A grounds.

So long story short, while I agree it shouldn't be a threaded barrel I don't see how you're going to get it as is.

Have the sender (if they got it back) ship the firearm without the barrel guide installed. DROS it that way and it won't be an issue. Aside from that I'm guessing your LEO since this isn't on the roster so you should be able to DROS it as an incomplete firearm anyway and you can legally assemble it later. I would recommend dremelling off the lugs/threads off the guide to prevent further issues.

[Quiet]

Applicable CA laws/regulations...

Penal Code 30515California Code of Regulations Title 11 Division 5 Chapter 39 Article 1 Section 5460
The definitions of terms in section 5471 of this chapter shall apply to the identification of assault weapons pursuant to Penal Code section 30515.

California Code of Regulations Title 11 Division 5 Chapter 39 Article 2 Section 5471

[brogrammer]

Applicable CA laws/regulations...

(rr) “Threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer” means a threaded barrel able to accept a flash suppressor, forward handgrip, or silencer, and includes a threaded barrel with any one of those features already mounted on it. Some firearms have “lugs” in lieu of threads on the end of the barrel. These lugs are used to attach some versions of silencers. For purposes of this definition a lugged barrel is the same as a threaded barrel.

@Quiet Thanks this makes sense

Regardless of the above I can tell you that I personally know of 1 person that had one. I had completed the PPT to him and 2 years later CA DOJ raided his house and took it.

So long story short, while I agree it shouldn't be a threaded barrel I don't see how you're going to get it as is.

I would recommend dremelling off the lugs/threads off the guide to prevent further issues.

First of all, wow! CA DOJ "Raid" (over a single firearm that may have had lugs?) I agree with your sentiment and perhaps he was not charged due to difference between "barrel" and "barrel guide" in this case - leaving all that aside, and wanting nothing to do with a "raid", dremelling or having a gun-smith/machine shop take down the lugs is the direction I'm leaning before having it shipped back out to me.

[vietjdmboi]

any update on this? trying to get one into CA. I will machine off the lugs if need be.

[BONECUTTER]