goalie
Well I almost lost myself...
It depends on how the 50BMG rifles wind up being controlled/regulated by this law.
Think about the 50BMG upper assembly itself, is the DOJ going to consider this part itself the controlled item? If you put the 50BMG upper onto a single shot DPMS lower you've just created a 50BMG rifle that will fall to this potential state law/regulation, so when this law goes into effect you would be using the serial number off the single shot lower to say "this is my 50BMG rifle being registered in accordance with the law."
Well, okay that is pretty simple to follow. Here's where it gets interesting. Some of us own multiple AR15s and if we had one of these 50BMG upper assemblies we would have the capability to create multiple 50BMG rifles by simply switching the upper assembly between lower assemblies. Suddenly I have 3 AR15 lower receivers which can have this upper assembly attached making it a 50BMG rifle.
If I only registered one of the lowers with the upper attached what would happen if the upper were attached to another lower receiver? What if I no longer wanted to use my current AR15 lower receivers for fear of 50BMG placing excess wear and tear onto it so I order off a single shot DPMS lower receiver to use with it? New lower receiver, new firearm if we are going by the lower receiver serial number.
My 3 AR15s are already registered as "assault weapons", what I am wondering is if they would have to be double registered if I had a single 50BMG upper in my possession that theoretically gives me the ability to make 3 seperate 50BMG rifles. If that is how this law is interpreted.
OR there exists this possibility
Are the 50BMG rifles simply going to be added to the "assault weapon" status of controlled firearms under the 1989 Roberti/Roos law. If they become a firearm considered to be an "assault weapon" does that suddenly give every owner of a registered AR15 out there the freedom to mount 50BMG upper assemblies without the neccesity to register the gun
that's where I almost lost myself? That would leave only the people with single shot or FAB10 type receivers to register their lower receivers that might have a 50BMG upper installed, or one day installed
I'm using a parallel similar to that of the registered conversion parts such as the Drop In Auto Sear and the Lightning Link parts that work in AR15s to make them full auto or select fire, these two items are considered a machine gun and are the registered/traced part by the BATF following the National Firearms Act of 1934.
With the DIAS and LL, they are considered the machine gun precisely for this reason because whatever firearm they are placed into suddenly becomes a full auto machine gun and the serial number on the actual lower can change in the drop of the hat depending on what it is installed on.
Also, the negative ninny in me forsees the potential for these upper assemblies to change the DOJ viewpoint of the Ca. DOJ approved single shot lower AR15 type receivers and FAB-10 receivers because now they can readily accept a part that easily converts them into a 50BMG rifle.
I don't doubt that owners of the 50BMG uppers will have something to register if this becomes an actual law but I'm wondering WHAT will be registered.
I have some other questions and concerns regarding this but I haven't thought them out as clearly yet or figured out quite how to word it.
I have however called the DOJ to find out just what in the hell they are going to do about this. The person who I spoke with on the phone didn't really know what to say as the potential impact of this law is only just now being considered. My questions were enough that my number is being passed onto higher ups with a synopsis of our discussion so that they can review the issue and possibly contact me later.
This is the second such LONG conversation I have had with the Ca DOJ and these folks actually seem about as opposed to this as we are. They don't want to enforce this crap much less have to decide how to rule on this crap.
I'm hoping they won't ban the 50BMG uppers from being able to be imported into the state. It's just that people would not be able to install one of these onto a single shot or FAB10 lower bought after the ban goes into effect, registration of lowers meant to be used with a 50BMG upper would need to be done during the grace period by the sounds of it.
By the sounds of it ammunition is unlikely to be controlled by the state, still available for sale and use. But who knows what can happen.
After this pending legislation gets signed it sounds like it won't go into effect until Jan 1st 2005.
I swear, during the first post I made all of these issues were bouncing around inside my head like a piece of flubber.
I made a joke about applying for a job with the DOJ because somebody has gotta speak out for other gun owners.
-edit-
The person I spoke with from the DOJ called back and a preliminary review seems to indicate that the 50BMG uppers won't be effected as the law seems to be concerned with "50bmg rifles" as in actual firearms as bought and sold through a dealer.
And interestingly he pointed this out to me which seems to allow registered "assault weapon" AR15 owners the versatility of being able to slap on a 50BMG upper as well.
(a) As used in this chapter, a ".50 BMG rifle" means a
center fire rifle that can fire a .50 BMG cartridge and is not
already an assault weapon pursuant to Section 12276, 12276.1, or
12276.5 , or a machinegun, as defined in Section 12200