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I sold an Ar15 upper to someone in CA...

Discussion in 'Legal' started by FullEffect1911, Dec 28, 2008.

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  1. FullEffect1911

    FullEffect1911 Member

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    Hi,

    I sold an AR15 upper to someone through Gun Broker, the auction ended and I found out the buyer is located in California. I know CA has some pretty bad laws, so I would like to find out if everything will be legal.

    The Upper is a flat top, 20 in barrel with a bayonet lug and removable A2 flash hider.

    Is this legal to sell to him?

    [​IMG]
     
  2. TAB

    TAB Member

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    I live in CA, and I would not do it. your not breaking any laws.
     
  3. 4v50 Gary

    4v50 Gary Moderator Staff Member

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    You're not selling a complete gun to him. I think you'll be fine.
     
  4. FullEffect1911

    FullEffect1911 Member

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    Do you mean I shouldn't sell it to him? Or that you wouldn't buy this upper but I should be fine?

    That's good to hear. I know I don't need an FFL, as there is no serial on the upper. I of course don't want to be breaking any CA laws.

    I really hope someday the gun culture in CA gets a better foothold and gets rid of these stupid laws.
     
  5. Darthbauer

    Darthbauer Member

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    When it comes to the AR you can sell any thing and everything to someone in CA. Parted out you can sell and ship everything but the lower to someone in CA. A complete rifle can be sold to someone in CA as long as it has a 10 round mag locked into the mag well. Or you can sell a complete rifle with a 10 round mag not locked into the gun if there is no pistol grip, bayonet lug, and flash hider.
     
  6. Darthbauer

    Darthbauer Member

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    As for your upper, yes you can sell it to someone in CA.
     
  7. FullEffect1911

    FullEffect1911 Member

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    excellent, thank you everyone.
     
  8. Kind of Blued

    Kind of Blued Member

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    I may be mistaken, but I assume the law says that it is illegal to possess (whatever). Worst case scenario, he gets busted for ignorance of the law, which is no fault of yours.
     
  9. Prince Yamato

    Prince Yamato Member

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    You know, the purchaser might have a registered AW or they could be putting it on an off list lower.
     
  10. caseypj

    caseypj Member

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    Perhaps the buyer lives in CA, and keeps some of his firearms in another state, perhaps he plans to take the upper and assemble it to a lower in some place such as Nevada. I can't see you being liable for anything.
     
  11. HexHead

    HexHead Member

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    It's only a part, not a firearm.
     
  12. ServiceSoon

    ServiceSoon Member

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    I thought flash hiders and bayonet lugs were illegal in Cali?

    I'm cursious to see how far that gets you in the court of law. Actually, there was a line in the movie "Blow" about drug laws. "I took a plant across an imaginary boundry line..." Judge, "It happens to be that that plant is illegal and the boundry line is real. You are guilty."
     
  13. 50 Shooter

    50 Shooter member

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    The lower is the registered part and if it's not on the "list" it's considered an off list lower and that's it.

    Every other part of the rifle is just that, a part and can be sold to anyone here in CA. If someone tells you anything different they're talking out their arse and spreading FUD.
     
  14. Darthbauer

    Darthbauer Member

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    Nope.
     
  15. Hanniballs

    Hanniballs Member

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    what he said.
     
  16. DeCocker

    DeCocker Member

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    The lower is the registered part and if it's not on the "list" it's considered an off list lower and that's it.

    What that does mean? Does it mean it's illegal but you can keep it as long as nobody else knows about it?:confused:
     
  17. Darthbauer

    Darthbauer Member

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    It means there is a list of lowers that are banned in CA. There are a lot of lowers that are not on this list. Other than buying a CA legal bushmaster carbon you need to start with a stripped lower and build the gun up from there. You can buy and register a stripped lower because by CA definition it is not an assault weapon unless it's on the list. Once you put a pistol grip on the lower there needs to be a 10 round mag locked into the gun, even without an upper on it.
     
  18. Hanniballs

    Hanniballs Member

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    list of banned lowers = http://ag.ca.gov/firearms/dwcl/12275.php

    The series language was thrown out in court so if the make and model is not listed above then it is an "off list lower".

    Wrong.

    1) you can buy complete rifles as long as they are configured correctly. example being a fixed mag or detachable mag and no evil features (pistol grip, folding/tele stock, flash hider)

    2) There is no registration

    3) a stripped off list lower is not an assault weapon because it's a) not on the list. b) featureless


    Wrong again. Pistol grips are allowed on lowers that have detachable magazines, only because they do not meet the criteria of an Assault weapon in CA since it's not a centerfire weapon. If a centerfire upper is attached then it will become an assault weapon.

    ps. we dont have constructive possession laws in CA
     
  19. LIQUID SNAKE

    LIQUID SNAKE member

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    Nice upper. Was it an H BAR or did it have the M203 milling under the hand guard??
     
  20. FullEffect1911

    FullEffect1911 Member

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    It is an H BAR.

    I was able to get some very nice accuracy out of it at 100 yards. About an 1.25" or so with the right load. Probably could have done better with a better trigger and nut behind it. Not bad for Chrome lining and no free floating hand guard.
     
  21. zoom6zoom

    zoom6zoom Member

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    The nut behind the rifle very often has a marked effect upon the accuracy!
     
  22. zoom6zoom

    zoom6zoom Member

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    The nut behind the rifle very often has a marked effect upon the accuracy!
     
  23. ArmedBear

    ArmedBear Member

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    I owned a similar upper in California. No problem. Perfectly legal.

    He can get into legal trouble if he puts it on a lower that's on the banned list, or if the lower is not configured in the right ways. But the upper is not illegal by itself, and an AR can be built and used legally in California.
     
  24. FullEffect1911

    FullEffect1911 Member

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    oh I do agree, which is why I think this upper was capable of better accuracy.

    I just need to improve my marksmanship. :D

    Sounds good to me, seems conclusive at this point. Still, it's a shame I would even have to ask the question...
     
  25. Paradiddle

    Paradiddle Member

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    I'm wondering why some of you who obviously are not from Cali and have no idea of our retarded and very complex laws are even commenting with your FUD in this thread?

    We have enough problems without the constant spread of FUD. The LOWER is the gun - the upper means nothing.
     
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