Cross post from Calguns.net
Interesting thread, it appears a lower not in the named series configured with a dedicated .22LR upper may be legal according to CA DOJ. I've always suspected that but never got a confirmation from CA DOJ. I've resent my question and I will appreciate anyone who cares do the same thing to CA DOJ. If anyone is lucky enough to get a written confirmation, please post a scan of the reply.
Deeply appreciate any help.
They would be because the AW regs apply to centerfire cartridges and as sold they are sold to meet the regs,.
I would caution you not to be in a situation where you have centerfire upper around where it could be reasonably implied you built or possessed an unregistered AW. I believe but don't quote me that manufactired as 22lr lowers can't be readily converted to take centerfire uppers. That would avoid a lot of potential problems.
Can you take a 22 upper and attach it to a "normal" lower and claim it doesn't apply? NO
Personally I would solder the front pivot pin to permenantly attach the .22lr only upper to the lower.
I don't think I'd go so far to solder the pivot pin.
(CA's AW law is written so poorly, but clearly states AW's as CENTERFIRE, they make NO mention of the lower reciever. and they can't just MAKE UP law as they go along, thus, a .22 barrel with the AR lower is quite to the letter of the law NOT an assault weapon under the Roberty Roose Act or PC section 12276, this in and of it's self is a .22 rifle. BUT, if you have an centerfire UPPER, I would in NO way place the lower and upper even in the same car, guncase, etc where it could be argued you were in process of MANUFACTURING an assault weapon. Should you wish to have that sort fof configuration, there are options such as the FAB10 and Atlantic Arms lower reciever as well as DPMS's single shot AR lower which has no mag well whatsoever, this is the PENALTY of being a Californian.)
A rimfire is FINE: Penal code section applicable as follows:
12276.1 (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
(1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
(8) Any shotgun with a revolving cylinder.
(b) "Assault weapon" does not include any antique firearm.
(c) The following definitions shall apply under this section:
(1) "Magazine" shall mean any ammunition feeding device.
(2) "Capacity to accept more than 10 rounds" shall mean capable of accommodating more than 10 rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.
(3) "Antique firearm" means any firearm manufactured prior to January 1, 1899.
(d) This section shall become operative January 1, 2000.
Definantely a way to go. An 80% lower completed and marked "22lr only" in conjunction with a 22 upper would be a fun item to own in this state.
.22 OR.223 upper does not matter.In Khalistan, the lower is the gun.
If you take a 80% lower and drill a 3/16 hole in the front side of the magwell.Insert an aluminum dowell about 1/4 " in and tig weld it into place.cut a square notch out of your ciener mag to pass over the dowell....Vualla! A .22 lower that will hold up in court(I think)And if you move to a free state,you can remove the dowell in 10 min. with a dremel tool.MY $.02
Can we get Troy on this issue?/