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50 BMG in California
calrugerfan
Member Posts: 18,209 ✭
This thread in general discussions got me thinking about it:
http://forums.gunbroker.com/topic.asp?TOPIC_ID=484714
Can I legally own that in California assuming that I don't put in a gun? It's not a registered piece (only the lower is) so I don't see how it would be a problem if it's not on a lower.
http://forums.gunbroker.com/topic.asp?TOPIC_ID=484714
Can I legally own that in California assuming that I don't put in a gun? It's not a registered piece (only the lower is) so I don't see how it would be a problem if it's not on a lower.
Comments
It is not of much use if you don't assemble it into a shootable gun. Why spend the money? Or do you plan to take it to the Free World to shoot?
I don't know the fine print of California law, but if it comes to the attention of the officials, YOU get to pay the lawyer to explain why a barrel and extension are legal.
Who knows, a lawsuit like that could help turn things around. Of course, it could spur new legislation to create more restrictions on the 50BMG and the AR.
This thread in general discussions got me thinking about it:
http://forums.gunbroker.com/topic.asp?TOPIC_ID=484714
Can I legally own that in California assuming that I don't put in a gun? It's not a registered piece (only the lower is) so I don't see how it would be a problem if it's not on a lower.
The answer is yes - constructive possession does not apply in CA with respect to assault weapons. Also, the 50 BMG round is not banned in CA, only 50 BMG rifles (not previously registered) are banned in CA. CA PC defines a rifle as a shoulder fired weapon, hence the M2 "Ma Duece" is perfectly legal in CA, it is not a rifle as defined by CA law.
Further, if you have an AR that is already a legally owned CA AW you may attach this bolt action 50 BMG upper - once the AR is registered as an AW it can be configured any way you prefer. And of course the same thing in 510 DTC (basically a 50 BMG with a slightly shorter neck) is legal to use in CA.
LE in CA has become pretty well schooled in what is legal and what is not. I suppose one always takes a chance even with a plain old AR, AK, FAl in CA but the progun groups here have done a great job getting out info and sticking up for gun owners on individual matters involving LE. Foolish laws create obvious work arounds, I think.
So you're saying that not only can I own the upper, I can put it on the lower without a problem (theoretically speaking, since we all know that many officers have their own idea about the law)?
Owning the upper in CA is easy - yes, legal. If you registered the AR as a CA AW during the specified period (can't recall exact time frame) then so far as the state is concerned "an AW is an AW is an AW" and it doesn't matter what form it takes, slapping on a bolt action 50 BMG upper is legal. Check out PC 12278 (a) attached and note the phrase "and is not already an assault weapon ..."
http://ag.ca.gov/firearms/dwcl/12275.php
To be clear, the DROS & wait paperwork when you bought the AR originally is not the same as the "CA AW registration" (forgive me if I'm covering familiar territory) & one can not now buy an AR, attach the 50 BMG upper and be legal.
If you'd like to visit the Calguns site they have all sorts of CA specific info like this available.
quote:Originally posted by calrugerfan
So you're saying that not only can I own the upper, I can put it on the lower without a problem (theoretically speaking, since we all know that many officers have their own idea about the law)?
Owning the upper in CA is easy - yes, legal. If you registered the AR as a CA AW during the specified period (can't recall exact time frame) then so far as the state is concerned "an AW is an AW is an AW" and it doesn't matter what form it takes, slapping on a bolt action 50 BMG upper is legal. Check out PC 12278 (a) attached and note the phrase "and is not already an assault weapon ..."
http://ag.ca.gov/firearms/dwcl/12275.php
To be clear, the DROS & wait paperwork when you bought the AR originally is not the same as the "CA AW registration" (forgive me if I'm covering familiar territory) & one can not now buy an AR, attach the 50 BMG upper and be legal.
If you'd like to visit the Calguns site they have all sorts of CA specific info like this available.
That's what I thought. I can buy an AR. I can buy the 50 BMG upper. But combining the two means that my AR would have had to have been registered as an CA AW before the April 1, 2005 deadline.