Quoted: Be careful.
California banned the DPMS pump action AR in 2000 (it's a listed model) because their reasoning was all you need to do is swap uppers and the world will cease to exist.
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Good point. Absolutely, this is a very risky grey area. Run, don't walk, away.
Do remember that DOJ standards for certification/approval are often higher than the legal standard for legality. (Vulcan pinned/glued-in mags, etc. for example.) But the contention can (and would) be easily made that a detachable-mag lower with pistol grip and/or telestock is an AW.
This is why my FAQ says to NEVER have an off-list lower with pistol grip and/or telestock but an open magwell.
There is a small chance you could slide legally if and only if the pump upper was attached to the
lower and never removed but that's still playing with fire.
Frankly, I wouldn't even do this with a DOJ approval letter. This is where the "58 DA" thing could get some exposure (esp as it's not protected by a Supreme Ct decision). Only if you got a true formal
ruling letter (opinion letter) signed by AG (fat chance!) would such a document have any merit.
This is much different with an off-list bolt or pump-action AK. There, we have an "all in one" gun that is not split into upper & lower halves. When no gas system installed and gas port closed, it's legitimately not a semiauto rifle, thus falling out of 12276.1 definition...
Bill Wiese
San Jose