80% receivers - are they really legal to build?

[dave3006]

I do not want to even discuss anything illegal - life is too short to be an inmate.

In California, I am told the AG can only ban ARs and AKs by receiver markings not by series. Therefore, each AR must be specifically banned.

If you were to build your own AR receiver from an 80% blank AND not put a pistol grip on it - would it be legal?

This seems like a very real legal loophole to our insane laws.

Anyone want to play legal expert?

 

[M1911Owner]

I have no knowledge of the law in this area, so I can't comment on that. However, when exploiting "loopholes" in the law, one has to expect that "the powers that be" may not agree with his interpretation of the law, and he may have to defend his position in court. Given the seriousness of violations of the "assault weapons ban" law, that could mean spending time as an inmate if the court disagrees with your interpretation of the law.

And, if you look at how the the federal 9th Circuit Court, which is located in California, has managed to interpret the 2nd Amendment in a manner that is diametrically opposite the clear language of the Amendment, one has to be prepared for the possibility that the state courts might well rule that any such "loophole" doesn't mean what it clearly says.

In my own opinion, it's not worth the risk, unless you first have in hand a binding letter from the state stating that what you plan to do is kosher.

 

[Harry Tuttle]

build it up as a single shot in CA and no problem

build it up as a fully functional, 30 round mag accepting Semi auto
and it is an AR 15 series, semi auto

and dats a problem

http://caag.state.ca.us/firearms/forms/pdf/awguide.pdf

 

[SteelyDan]

Yes, I too am pretty sure that if you build it into something illegal in your state, it will be, um... illegal. But I think the question is if you buy something that isn't yet legally regarded as a receiver, and therefore doesn't have to be reported, and then do some basic machining and build it into a gun with other parts (that also don't have to be reported because they're not receivers), is the assembled firearm perfectly legal?

I don't pretend to know the answer, and I don't wish to become the "test case."

 

[Jim March]

You COULD set it up as a pump-action.

Seriously. Saw pump-action AKs at a gun show just a couple weeks ago .

Took standard mags and everything.

Me, I'm thinking of bulding a "parody rifle".

Take a Marlin 357 levergun. Put an AR-pattern front sight on. Put on a low-profile weaver base for a scout scope, with a backup flip-up peep sight as commonly seen on flattop ARs. Paint the rear stock black or even swap to wire, substitute a tubular aluminum "heat guard" for the forestock, build a genuine "Redneck Assault Rifle" as protest of CA gun laws .

 

[Third_Rail]

Jim, if you or anyone you know makes that, I want to see pictures.

I bet it'll somehow be more deadly like that!

 

[MeekandMild]

Jim, these people have no sense of humor.

 

[dave3006]

That would be something to see. Don't forget the vertical foregrip and tactical sling. You just might be able to get a bayonet on that thing if you try hard enough.

Jim, thanks for your tips on your CCW page. Between you and Skunkability, I was able to have the knowledge to successfully apply for my California CCW.