California..80% Builds and Micro-Stamping
- Thread starter Gary H
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RickD427
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It's notionally possible to build your own P320, but it's also practically impossible to do so, and there is an ambiguous application of California's "Zip Gun" statute that can further frustrate your build.
Here's what you should keep in mind:
1) Forget about building a single P320. The minimum quantity that you will need to build is three (refer to Penal Code section 31905). This is because you must submit three sample of your build for the required "Drop Testing"
2) California's "Unsafe Handgun" statute makes no special provision for personal builders. Some folks have argued that the requirements only apply to commercial manufacturers, and the context of the statutes are directed toward commercial manufacturers, but the statute is written to "any person who manufactures...". That language precludes any construction that the statute is limited to commercial manufacturers.
3) The three P320s that you build must comply with the "Microstamping" requirement and must have a "Loaded Chamber Indicator" or a "Magazine Disconnect." If you use the M17 design, you'll meet the LCI requirement.
4) Remember that early model P320s failed the Army's drop testing requirement.
5) Once you've built your three P320's with the microstamping, and LCI or Disconnect, then you submit them to a DOJ-Certified lab to conduct the testing (refer to Penal Code section 31905). The lab is a private business that reports to the state DOJ. They're gonna charge you accordingly.
6) If you did a better job of building your P320's than SIG did of producing their early P320's, and your weapons pass, then you've met the requirements of the "Safe Handgun" statute.
7) But this is California and nothing is simple. You may also have issues with California's "Zip Gun" statute. We use the term "Zip Gun" in common usage to mean a crudely made firearm, but that's not the way that California defines a "Zip Gun." Here is California's definition (quoted from Penal Code section 17360):
Methinks that you would be better off buying a used P320 via a Private Party Transfer (even at an inflated price).
Here's what you should keep in mind:
1) Forget about building a single P320. The minimum quantity that you will need to build is three (refer to Penal Code section 31905). This is because you must submit three sample of your build for the required "Drop Testing"
2) California's "Unsafe Handgun" statute makes no special provision for personal builders. Some folks have argued that the requirements only apply to commercial manufacturers, and the context of the statutes are directed toward commercial manufacturers, but the statute is written to "any person who manufactures...". That language precludes any construction that the statute is limited to commercial manufacturers.
3) The three P320s that you build must comply with the "Microstamping" requirement and must have a "Loaded Chamber Indicator" or a "Magazine Disconnect." If you use the M17 design, you'll meet the LCI requirement.
4) Remember that early model P320s failed the Army's drop testing requirement.
5) Once you've built your three P320's with the microstamping, and LCI or Disconnect, then you submit them to a DOJ-Certified lab to conduct the testing (refer to Penal Code section 31905). The lab is a private business that reports to the state DOJ. They're gonna charge you accordingly.
6) If you did a better job of building your P320's than SIG did of producing their early P320's, and your weapons pass, then you've met the requirements of the "Safe Handgun" statute.
7) But this is California and nothing is simple. You may also have issues with California's "Zip Gun" statute. We use the term "Zip Gun" in common usage to mean a crudely made firearm, but that's not the way that California defines a "Zip Gun." Here is California's definition (quoted from Penal Code section 17360):
As used in this part, “zip gun” means any weapon or device that meets all of the following criteria:
(a) It was not imported as a firearm by an importer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(b) It was not originally designed to be a firearm by a manufacturer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(c) No tax was paid on the weapon or device nor was an exemption from paying tax on that weapon or device granted under Section 4181 and Subchapters F (commencing with Section 4216) and G (commencing with Section 4221) of Chapter 32 of Title 26 of the United States Code, as amended, and the regulations issued pursuant thereto.
(d) It is made or altered to expel a projectile by the force of an explosion or other form of combustion.
Subparagraphs (a) and (d) are kinda a given for a personally built firearm. We need to focus on (b) and (c). Remember, if all four criteria are satisfied, then your weapon is a "Zip Gun" and a felony to manufacture or possess. If you build your weapon to the design of one built by a licensed manufacturer, then your build cannot be an illegal "Zip Gun", but the law is silent on just how much deviation from the design is allowed. The military variants of the P320 have an LCI, but none have microstamping. Here's your first "Catch 22." You gotta have microstamping in order to comply with the safe handgun statute, but if you add microstamping, then you've deviated from the design at the risk of violating the zip gun statute. Your build also cannot be an illegal Zip Gun if you paid federal excise tax on the build, or if you were exempt from the tax under the enumerated sections of federal law. When you look at the federal excise tax laws, a personal firearms builder is exempt from the tax for the first 50 builds in a calendar year, but the source of that exemption does not lie within the enumerated sections. That puts you at risk of felony for building, or possessing, an illegal Zip Gun.(a) It was not imported as a firearm by an importer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(b) It was not originally designed to be a firearm by a manufacturer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(c) No tax was paid on the weapon or device nor was an exemption from paying tax on that weapon or device granted under Section 4181 and Subchapters F (commencing with Section 4216) and G (commencing with Section 4221) of Chapter 32 of Title 26 of the United States Code, as amended, and the regulations issued pursuant thereto.
(d) It is made or altered to expel a projectile by the force of an explosion or other form of combustion.
Methinks that you would be better off buying a used P320 via a Private Party Transfer (even at an inflated price).
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