BARRETT NON SHOULDER FIRED 50 BMG ?

[Brian Nussbaum CO]

OK we were asked today if a Barrett 50 BMG was mounted to a tripod and the stock had been removed (no longer a shoulder fired long gun) would it be Legal to bring into the state.

So What say you?

Our first thought is yes. This does work with a 1919

[Germz]

well, the flowchart only applies to centerfire "rifles", which what your describing is not. IANAL but I would do it.

[RANCID 518th]

It's a 50 BMG, I'd say no.

[Quiet]

Not sure how you could remove the stock, since it's a part of the receiver.

[Brian Nussbaum CO]

Quiet

The mono pod and shoulder pad assembly can be removed

So it would not have the pad or lower strap just a straight tube

If you look close you can see in the pic that it bolts on

[EBR Works]

Someone did this with a Bohica upper and spade grip assembly. Legal, but painful to fire.

Here:

http://calguns.net/calgunforum/showthread.php?t=517822

[RickD427]

The .50 BMG prohibition only applies to "Rifles."

Here is the pertinent text from the Penal Code (refer to section 30600)

"Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for four, six, or eight years."

The term "Rifle" is further defined by section 17090 as being a weapon intended to be fired from the shoulder. Here is the text:

intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger."

If the weapon is not a rifle, then it is not prohibited.

There are two problems in applying this to the Barrett:

1) The stock is an integral part of the receiver.

2) The Barrett was designed to be fired from the shoulder. You may be able to alter it in such a way that it is no longer functional as a shoulder-fired weapon, but it was still designed that way, and that is the term used in the statute.

If you really want a .50 BMG, you're on very solid ground with a semi-auto M2. That weapon was designed not to be fired from the shoulder. You will not have the confounding issues presented by the modified Barrett.

[Condorguns]

Ok, very blonde moment, but what is the actual name of a "rifle like" weapon system, mounted to say,, a truck or structure?

[Mssr. Eleganté]

Ok, very blonde moment, but what is the actual name of a "rifle like" weapon system, mounted to say,, a truck or structure?

Their official designation is Title 1 "other" firearm. Same as a Mossberg Cruiser that was manufactured and sold with a pistol grip only and no shoulder stock.

[Condorguns]

Ah, got it! Thank you.

[kemasa]

The other thing to remember is that the CA DOJ does not really care what the law say, as shown by their recent claim that the 1 in 30 exemption for C&R FFL holders with CA DOJ COE only applies to C&R firearms, which the law does not state and the BATF does not consider having a C&R to be using it unless you are acquiring a C&R firearm.

So, if you do this, I would keep a copy of the CA PC with it at all times, just in case.

[joefrank64k]

The issue I see is that the Barrett was originally made to be fired from the shoulder, right? This the way you get an AOW in CA. If the base shotgun comes from the factory with a pistol-grip, it was never designed to be fired from the shoulder, and isn't an SBS with a <18" barrel.

IIRC, you can't make an AOW from a regular shotgun in CA without running into SBS issues. I imagine that you can't make non-50BMG rifle from a Barrett for the same reasons.

[Mssr. Eleganté]

The issue I see is that the Barrett was originally made to be fired from the shoulder, right? This the way you get an AOW in CA. If the base shotgun comes from the factory with a pistol-grip, it was never designed to be fired from the shoulder, and isn't an SBS with a <18" barrel.

IIRC, you can't make an AOW from a regular shotgun in CA without running into SBS issues. I imagine that you can't make non-50BMG rifle from a Barrett for the same reasons.

That's correct. A rifle with the buttstock removed is still a rifle. In order to be an "other" it has to never have had a buttstock on it.

[TKM]

Plenty of AR uppers are built in 50bmg. Just because they've been assembled with a rifle lower doesn't magically transform them into rifle uppers.

Spade grips and an AR lower and away you go.

[ugimports]

Plenty of AR uppers are built in 50bmg. Just because they've been assembled with a rifle lower doesn't magically transform them into rifle uppers.

Spade grips and an AR lower and away you go.

I'm confused, what does this have to do with the Barrett being questioned?