is this illegal ?

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stuckonstupid

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hey i just signed up and trying to build a ar-15.i just got 1000$ and i was told i should buy a lower first. well im 18 and cant i also live in california. so can i have my mom buy it for me then put it in my name? or can i have my nieghbor sell me his extra lower,(or give it to me as a gift then give him money under the table)please help thanks
 
Can I give a firearm to my adult child? Can he/she give it back to me later?
Yes, as long as the adult child receiving the firearm is not in a prohibited category, pdf and the firearm is a legal firearm to possess, the transfer of a firearm between a parent and child or a grandparent and grandchild is exempt from the dealer transfer requirement. However, if the firearm is a handgun, you must submit a Report of Operation of Law or Intra-Familial Handgun Transaction, pdf and $19 fee to the DOJ within 30 days. Assault weapons may not be transferred in this fashion. See Penal Code section 12285, subdivision (b).

This is from the California DOJ http://oag.ca.gov/firearms/pubfaqs#5
 
CoRoMo what 56hawk is saying is that if he is 18 what is the issue with any part of the rifle? If you can buy a whole one why wouldn't you be able to buy the lower?
 
It's my understanding that an AR lower is usually classified as a rifle. I bought one back when I was 18 or 19 without any problems and it was just the receiver with no stock attached.
 
legally when you perchase a firearm or in your case a lower reciever you have to be the one to purchase it. The sale of firearms states in the registration paper that you are the owner of the item or firearm. *** But you can have the reciever switched over to your name. But pay attention to your local laws and where your located such as in city limits etc...
 
because the lower reciever has the trigger and thats what makes it go "boom" that in itself is classified as a firearm
 
A stripped lower in the state of Illinois is classified along with firearms and is subject to the background check.
 
It's my understanding that an AR lower is usually classified as a rifle. I bought one back when I was 18 or 19 without any problems and it was just the receiver with no stock attached.
ATF changed the 4473 a few years back to include an 'Other' category, it used to have just 'Long Gun' and 'Handgun'. You have to be over 21 to buy a Handgun or an Other from a dealer, and over 18 to buy a Long Gun.

A complete lower receiver is an 'Other', not a long gun, as it does not have a barrel.
 
Originally Posted by CoRoMo
He said...

A lower is technically not a rifle.
A lower is. A stripped however, is not.
No. Not always. See Bubbles' post...
A complete lower receiver is an 'Other', not a long gun...
This completed lower receiver (complete lower half) is not a long gun or rifle.
...the lower reciever has the trigger and thats what makes it go "boom" that in itself is classified as a firearm
That's not actually why the lower is considered the 'firearm'. Just because a section of a firearm "has the trigger", and just because the trigger is "what makes it go boom", means nothing in regards to what component receives the serial number and is then regulated as the 'firearm'. The following thread had a tangent discussion that dealt with this: http://www.thehighroad.org/showthread.php?p=8129346
 
ATF changed the 4473 a few years back to include an 'Other' category, it used to have just 'Long Gun' and 'Handgun'. You have to be over 21 to buy a Handgun or an Other from a dealer, and over 18 to buy a Long Gun.

I never noticed that. Guess because I have never filled out that part of the form. If it's an 'other', doesn't it need a tax stamp?
 
i didnt mean the cant and the last part was me joking i no that was illegal but i can buy the lower(it is fully complete) from him?
 
I never noticed that. Guess because I have never filled out that part of the form. If it's an 'other', doesn't it need a tax stamp?

No, It's still a Title I firearm, just not a "Long Gun " or "Pistol".

Don't the PGO shotguns also fall under "Other"?

Note: Don't confuse a Title I "Other" Firearm with a Title II "Any Other Weapon". They're completely different animals.

but i can buy the lower(it is fully complete) from him?

Does California allow person to person (Non-FFL) transfers? If it does, you can buy it from him. ETA: Never mind, see below

ETA:
I checked the CA DOJ link above.

What is the process for purchasing a firearm in California?
All firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a licensed dealer under the Dealer Record of Sale (DROS) process. California imposes a 10-day waiting period before a firearm can be released to a buyer or transferee. A person must be at least 18 years of age to purchase a rifle or shotgun.

The bold part is what matters here. You can't buy it because an FFL can't transfer it to you. If you have a $1000, just buy the complete rifle.

http://www.atlanticfirearms.com/storeproduct922.aspx
 
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Depending on California's definition of "Assault Rifle" you may have an issue with having your parents buy it for you.

Also, it has to be CA compliant. Which defeats the purpose of having an AR.
 
If it's an 'other', doesn't it need a tax stamp?
'Other' does not refer to an AOW (NFA/any other weapon).

It refers to a firearm that is not technically a rifle (yet), not technically a pistol (yet), and not technically a shotgun (yet). A lower receiver like the OP is looking for could be built into an AR rifle or an AR pistol. Also, those pistol-grip-only shotguns fall into this category because they don't fully fit the definition of a 'shotgun' as they are not designed to be fired from the shoulder.

ETA: dogmush beat me to it
 
I thought the standard AR-15 lower was illegal to buy in CA since it can accept a detachable magazine. Perhaps I misunderstand.

Jim
 
Wow this is confusing. So if I have this right, you can get your mom to buy an other weapon. Then built it into a rifle at which point she can sell it to you as a rifle.
 
Wow this is confusing. So if I have this right, you can get your mom to buy an other weapon. Then built it into a rifle at which point she can sell it to you as a rifle.

Actually no....well Maybe. If she buys the lower planning to build it into a rifle and sell it to the kid, then it's arguably a straw purchase. (Because it's really his money buying it) But if she buys it for herself, builds it, decides she doesn't like it and wants to sell it, then she can. She can also buy the lower planning to build the rifle and GIVE it to her son, as long as he doesn't compensate her for it in any way.

Clear yet?

In no case can the under 21 year old take possession of the stripped lower. It has to be a complete, legal rifle before he gets it.

IANAL, and don't live in california, but it's possible that the kid could buy the parts (minus lower) build the lower in his neighbors house on his neighbors lower, then buy the complete rifle from his neighbor. (At an FFL, conforming to CA's laws). But honestly, building an AR isn't THAT hard or cool. Just buy the dang thing built.
 
i was going to buy it built, but i dont get paid till the end of the month,so i couldnt afford the upper till then
 
Then wait until the end of the month and buy the thing assembled.

Also, seeing as you are 18 and getting into the world, I will let you in on a little secret. Proper grammar is valued. It also makes everything much more concise and easier to understand.
 
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