Shipping an upper to California

[jhco]

I have sold an ar15 upper with a 24inch barrel and a flash hider to a guy in California, is it legal for me to ship this to him. What are the laws on this, he says its legal but I want to be sure as he has no feedback on Gunbroker and I'm a little unsure.

 

[SaxonPig]

The receiver (the part with the serial) would be illegal to send to CA where most such guns are banned by a clearly un-Constitutional state law imposed by idiots and morons elected to public office. But as far as I know parts (excluding magazines over 10 round capacity which are also banned by the same dolts and pinheads) are legal to sell there.

 

[30Cal]

There are no restrictions for shipping an upper. It's just a part in the eyes of the law.

 

[krs]

Yeah, I'd worry over mailing any mags into that place because they've passed laws making it illegal to send hi caps into that place as I understand it, and any lower too, but an upper should be just parts although the buyer may be unable to possess a particular type of flashhider, that I don't know about.

It's gotten so weird down there that it seems that I couldn't return there with weapons that I left there owning and possessing, or at least I'd be required to sell or register, or turn in some of the guns that I legally owned while living there, even though I've never sold my house down there today and could claim continual residency with a little bit of documentation.

I just plumb don't understand the place I called home for fifty of my years - it don't make any good sense and seems filled with crazy people now. Somebody must be collectively crazy to have elected representation that they have....it's not the USA anymore, it's some foreign country instead.

We gotta' worry over sending a bag of seeds to my mother in law in Alameda so she could grow some of our brand of tomatoes...LOL! They're subversive seeds, I guess.

 

[Max C.]

The Flash Hider (& the barrel if it's threaded for the flash hider) is still illegal in California due to our own Assault Weapon Ban.

 

[dscottw88]

Dont take this as doctrine, but I believe the Upper receiver is fine, and I'd say its fine with the flash-hider as long as he takes it off pronto. I believe muzzle brakes are the way to go in the peoples republic of California.

 

[nalioth]

The Flash Hider (& the barrel if it's threaded for the flash hider) is still illegal in California due to our own Assault Weapon Ban.

So is simple possession illegal, or having it as part of an actual firearm?

 

[JDGray]

I personally would contact a FFL holder in California, to see just whats legal, it may vary in different locations.

I sold an AK47 to a guy in Colorado, and low and behold, Denver has its own unconstitutional AWB. The FFL I shipped it to, was outside of Denver, and was ban free, but the buyer had to get some 20rd mags and leave the 2-30rd mags with the dealer.

 

[freakshow10mm]

OK folks let me dig through the BS here. I make a lot of CA legal AR15s and specialize in modifying ARs and other weapons to be CA legal. I have a bit of experience with CA having sent over 2,000 firearms there in one year.

There is NO LAW on the books in California that a threaded barrel is illegal on a rifle. That is only for a HANDGUN.

An upper receiver is an upper receiver. It is not controlled.

It is the buyer in CA's responsibility to assemble it to his weapon in a legal manner. His lower cannot have a detachable magazine. There are several designs that replace the mag release button with one that requires a tool to drop a mag (making it non-detachable by definition of requiring a tool). He probably has a lower that has a "bullet button" as it's known.

It is PERFECTLY LEGAL for you to send any upper to California.

 

[ArmedBear]

freakshow10mm is correct.

California's laws govern guns AS ASSEMBLED. An upper can be used as part of a California-legal gun in many ways. There is no "constructive possession" in California law, either. So a non-NFA upper, by itself, can't be illegal under current California law.

It is not legally a firearm.

You can send an upper to California, same as to any other state (i.e. subject to NFA regulations, etc.).

An assembled receiver has to be put together in compliance with California law, but a stripped lower (through FFL), as well as parts for it, etc. (no FFL needed) are all legal to ship and receive in California.

I built a couple ARs in California, and studied the laws very closely when I did it.

If you have any questions, go here: http://www.calguns.net

Unfortunately, THR is full of misinformation about California gun laws.