I was updating my list of lowers which have been classified as legal per Harrott vs Kings County and spotted this on Lockyer's ban list:
Since American Spirit Arms models are ASA not USA, the ASA15 should be a legal lower as long as it meets the features definition of SB23. What a snafu on Lockyer and I can't believe I've not spotted this before. Anybody else seen it correctly identified as ASA15?
I'm planning on calling the firearms division again early next week to see.
I don't think Harrot vs. King's Cty issues are settled yet. Law is still on the books, and you could be busted for it. Furthermore, don't think you'll find any FFL that will order such a lower for you.
Even if it's not specifically marked, the ASA lower is exactly the same as any other AR lower, and is thus retroactively banned by the 1989 Roberti-Roos AWCA law because it's now considered as part of the "AR15 series".
Plus even if you acquired this lower, you couldn't build it up into a rifle since the rifle would be banned "by feature" thru SB23.
San Mateo, CA
"Furthermore, don't think you'll find any FFL that will order such a lower for you."
it took me nearly 5 days to convince my local FFL to get me a FAB10 lower.
CA Supreme court rulings tend to be applicable immediately unless appealed is granted, or a stay is issued. Since this is a CA issue only... not federal, an appeal is unlikely, IMO.
I've already posted the text of the ruling which is very clear in that it requires the DOJ to be specific to manufacturer and model. Thus, no more "series" law.
I've and others have stated many times that finding an FFL is tough. Just ask the guy in the recent post about transferring a Cobray MAC.
However, we been frank and upforth about what is the play. In this case, the play is Lockyer updating the ban list as he is forced to do by the CASC decision. Because the penal code of CA is very specific that Lockyer must give a grace period for registration once he updates the list, you could register and avoid the SB23 features ban.
Many sheople in CA don't realize that the last date of registration of AWs in CA was not December 31st of 2000, but January 23rd of 2001. This is because of the penal code I mentioned above. In fact, there is one member here that bought and registered in January (probably more).
The question really is two-fold. When will Lockyer update the ban list and what will be on it. Since this is an election year and Simon is ahead of Davis in the polls, I think Lockyer will wait until November at the earliest. I'm becoming more convinced that Lockyer will update the list because of this apparent SNAFU that left all of ASA lowers off the list.
Edited to add this: California has some botched gun laws and will will take effort and time to exploit the cracks but they are there.