Quantcast
  1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

is this illegal ?

Discussion in 'Legal' started by stuckonstupid, May 3, 2012.

Thread Status:
Not open for further replies.
  1. stuckonstupid

    stuckonstupid Member

    Joined:
    May 3, 2012
    Messages:
    4
    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
     
  2. tyeo098

    tyeo098 Member

    Joined:
    Jul 5, 2010
    Messages:
    2,060
    Location:
    The Old Dominion
    Illegal.

    Legal (CA law not withstanding)
    Illegal... wait, what?
     
  3. 25cschaefer

    25cschaefer Member

    Joined:
    Jan 24, 2011
    Messages:
    942
    Location:
    Flathead Valley, MT
    This is from the California DOJ http://oag.ca.gov/firearms/pubfaqs#5
     
  4. 56hawk

    56hawk Member

    Joined:
    Mar 29, 2011
    Messages:
    1,298
    Hate to be a grammar Nazi but this doesn't make any sense. If you are 18 you should be able to buy a rifle without any problems.
     
  5. CoRoMo

    CoRoMo Member

    Joined:
    Sep 21, 2007
    Messages:
    8,930
    Location:
    Californicated Colorado
    He said...
    A lower is technically not a rifle.
     
  6. Ryanxia

    Ryanxia Member

    Joined:
    Jun 18, 2010
    Messages:
    4,301
    Location:
    'MURICA!
    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?
     
  7. tyeo098

    tyeo098 Member

    Joined:
    Jul 5, 2010
    Messages:
    2,060
    Location:
    The Old Dominion
    A lower is. A stripped however, is not.
     
  8. 56hawk

    56hawk Member

    Joined:
    Mar 29, 2011
    Messages:
    1,298
    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.
     
  9. egwa_yona92

    egwa_yona92 Member

    Joined:
    May 3, 2012
    Messages:
    2
    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...
     
  10. egwa_yona92

    egwa_yona92 Member

    Joined:
    May 3, 2012
    Messages:
    2
    because the lower reciever has the trigger and thats what makes it go "boom" that in itself is classified as a firearm
     
  11. PapaG

    PapaG Member

    Joined:
    Sep 12, 2010
    Messages:
    1,988
    Location:
    Il
    A stripped lower in the state of Illinois is classified along with firearms and is subject to the background check.
     
  12. Bubbles

    Bubbles Member

    Joined:
    Apr 26, 2004
    Messages:
    3,152
    Location:
    Eastern Panhandle of West Virginia
    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.
     
  13. CoRoMo

    CoRoMo Member

    Joined:
    Sep 21, 2007
    Messages:
    8,930
    Location:
    Californicated Colorado
    No. Not always. See Bubbles' post...
    This completed lower receiver (complete lower half) is not a long gun or rifle.
    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
     
  14. dprice3844444

    dprice3844444 member

    Joined:
    Feb 26, 2011
    Messages:
    4,264
    Location:
    se fla i love claymores 01/sot
    just buy a california approved rifle and save yourself some grief with the locals
     
  15. 56hawk

    56hawk Member

    Joined:
    Mar 29, 2011
    Messages:
    1,298
    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?
     
  16. stuckonstupid

    stuckonstupid Member

    Joined:
    May 3, 2012
    Messages:
    4
    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?
     
  17. dogmush

    dogmush Member

    Joined:
    May 7, 2008
    Messages:
    1,135
    Location:
    Tampa
    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.

    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.

    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
     
    Last edited: May 3, 2012
  18. Madcap_Magician

    Madcap_Magician Member

    Joined:
    Apr 8, 2009
    Messages:
    1,534
    Location:
    MN
    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.
     
  19. CoRoMo

    CoRoMo Member

    Joined:
    Sep 21, 2007
    Messages:
    8,930
    Location:
    Californicated Colorado
    '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
     
  20. Jim K

    Jim K Member

    Joined:
    Dec 31, 2002
    Messages:
    17,566
    I thought the standard AR-15 lower was illegal to buy in CA since it can accept a detachable magazine. Perhaps I misunderstand.

    Jim
     
  21. 56hawk

    56hawk Member

    Joined:
    Mar 29, 2011
    Messages:
    1,298
    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.
     
  22. dogmush

    dogmush Member

    Joined:
    May 7, 2008
    Messages:
    1,135
    Location:
    Tampa
    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.
     
  23. stuckonstupid

    stuckonstupid Member

    Joined:
    May 3, 2012
    Messages:
    4
    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
     
  24. allaroundhunter

    allaroundhunter Member

    Joined:
    Oct 5, 2011
    Messages:
    3,988
    Location:
    Southeast Texas
    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.
     
  25. NavyLCDR

    NavyLCDR member

    Joined:
    Dec 14, 2005
    Messages:
    7,691
    Location:
    Stanwood, WA
    So what are you going to do now?
     
Thread Status:
Not open for further replies.

Share This Page