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Page Armory » 50 Cal
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Posted: 9/30/2004 6:30:41 AM EST
[Last Edit: 9/30/2004 6:32:04 AM EST by samcan]
After the CA. 50 cal ban in 2005 would I be able to buy a 50 cal upper and put it on my Colt sp1 Ar-15 after Jan 2005?
Link Posted: 10/3/2004 4:16:03 AM EST
Were the SP1's grandfathered? There are Kali legal AR15 lowers (no mag well) that you could put a 50 upper on. From what I've read the uppers are not guns and are not in the ban. Now as far as buying ammo go's? Isn't the ban only reg. your 50 (today) ? but not turning them in or being able to buy new one's?

Arnold=RINO
Link Posted: 10/3/2004 7:28:02 AM EST
You live in Texas, so this doesn't affect you.

Uppers are going to fall into that grey area because they are an accessory. In different forums people have posted that the DOJ want's the lower stamped .50 BMG or it doesn't consider it one. If that's the case then I wouldn't worry about it, if not then your in that grey area again.
Link Posted: 10/6/2004 2:15:20 AM EST
sure the DOJ want it stamped, but if the AR lower was made before the ban it shouldnt be required to have such a stamp. AB-50 would get all kinds of stomped in court on that one.
Link Posted: 10/17/2004 8:26:40 AM EST
CA DOJ is tackling this very issue right now. This is why it is taking so long to issue regulations for AB50. They are aware that as the law reads, it allows new Assault Weapons to be registered under AB50 that would be in violation of SB23, the CA Assault Weapon ban.

The way the law reads, one could get a Barrett M82A1 without a pistol grip (not an AW in CA), register it under AB50, then add the pistol grip because it then becomes an AW. After it becomes an AW, you can do what you want regarding adding features. This also applies to non-Category I or Category II AR-15 stripped receivers: Get one of these, then buy a .50 upper for it, register the combination, then you would technically be free to create a new .223 AR-15 AW out of it because it is already an AW under AB50. Nowhere in the law does it say one cannot change calibers/uppers on a registered AW. There are lots of other possibilities and DOJ is trying to sort this out because this is clearly NOT the intention of the law, but that's how it is written.

We'll have to wait and see what the regs say.
Link Posted: 10/17/2004 4:07:06 PM EST
well got some bad news
Some people on calguns wrote to the DOJ asking about 80 percent lowers...

They cannot be ever used again with different calibers because they are only being approved for .50bmg registration. Previous registration for AW's back in 2000 allowed for multicaliber usage on ur AR's, but in this case, they are allowing only for .50. So even if u did complete the 50bmg by adding the upper onto a stripped lower, u could never legally put on a .223, because the lower will be registered only as a .50. Also, having the ability to accept a detachable mag would make it an AW with an ar series definition which is more bad juju...

They however stated that fab=10's are ok to register with .50 caliber uppers.
Link Posted: 10/20/2004 7:03:27 AM EST

Originally Posted By gunsmithdude:
well got some bad news
Some people on calguns wrote to the DOJ asking about 80 percent lowers...

They cannot be ever used again with different calibers because they are only being approved for .50bmg registration. Previous registration for AW's back in 2000 allowed for multicaliber usage on ur AR's, but in this case, they are allowing only for .50. So even if u did complete the 50bmg by adding the upper onto a stripped lower, u could never legally put on a .223, because the lower will be registered only as a .50. Also, having the ability to accept a detachable mag would make it an AW with an ar series definition which is more bad juju...

They however stated that fab=10's are ok to register with .50 caliber uppers.



This is a bit premature. I was the one who said this stuff on Calguns, but it was not in response to a letter. It was in response to some interesting round table meetings with lawyers and placing several phone calls to CA DOJ. What you explained is simply one possibility on how AB50 will turn out in the regs. However, it is, IMHO, the way it will likely turn out because of the monstrous loopholes in the text of AB50, but we will not know until they publish the regs in a few weeks.

AB50 wants to simply treat .50s like all the other AWs. Fine, but it presents a lot of unintended consequences like the ones you mentioned above. An AR lower could be registered as a .50, then converted back to a .223 after registration. And a Barrett M82A1 could be imported into CA without a pistol grip (not an AW), register it, then add the pistol grip again because it is now an AW. There are many more possibilities, however in all cases there would be violations of SB23, the CA AW ban. That's the legal paradox that AB50 creates and that is what CA DOJ is working out right now. There is no official DOJ position on this yet, so all talk it purely speculative and anyone who says they have a letter should be treated as someone who says they have a letter. Until you see it in the official regs, do not act on anything you read or hear.
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