Quoted: I know the DOJ have ruled (in memos) that 80% lowers would not be legal to complete. I don't really understand that logic.
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Actually there's a memo signed by former Asst Director Tim Rieger that says
they are indeed legal. This letter is scanned & stored somewhere on the calgunlaws.com website.
However: I believe this was not thought out of in full regards to
Harrott decision and practicalities of listing. And this DOJ letter may not protect you from prosecution - whereas having other off-list lowers in commercial trade is clearly protected by
Harrott.
Lets say I buy an 80% lower and complete it. Since it has no pistol grip, why would it be any differant from an "off-list" lower?
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True, it isn't. It's off-list!! However, there is no practicable way that anyone ever could list any or all homebuilt lowers by specific make and model (i.e., "Billy Bob's #3"), esp as those don't go into general trade (you're not an FFL, you're not paying taxes on these, etc.)
The risk I see - which may be mild or severe - is that homebuilt lowers could possibly fall outside of
Harrott protection and thus fall back under the
Kasler standard of "an AR is an AR is an AR..." - which'd make them a no-no.
Then I get out my marking stamps and mark it as PRK Industries, Model PHuC-KA, Ser 001. Now, wouldn't really be an off list lower?
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Yes, they are off-list, but because of the above impracticality of listing homebuilts that don't show up in standard commercial trade, these could fall outside of
Harrott protection.
And I wouldn't mark anything with a company name that didn't exist.
Since there is no way to ever get it listed, it would have to remain a fixed mag lower, of course.
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Yes, that's the other issue - no chance of getting listed, ever.
Instead of marking the completed lower as PRK Industries, would it be somehow illegal to mark it, say, Sendra Corp, or American Spirit Arms Corp or PAW, or some other defunct lower mfg.? Assuming I never sold the lower, it couldn't violate commerce law, could it? Since I am not a Licensed Mfg, why would it matter what I marked the lower? See the possibilites here?
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Many, but not all, of these mfgrs are listed already. Marking it as a corporation that is nonextant and not related to you might be very legally questionable, too. It has a 'bad smell' - and might smell like someone was trying to get something in under the wire if another reg period opened.
If you were to do this (and I advise NOT), mark it with your name and a serial #. If you had a company, I would not use the company's name since that might stray from being regarded as 'homebuilt for personal use'.
There's simply no reasonable need today to build a lower from 80% forging. Time/$$ costs alone make it an insane decision when you can get a good lower, even in CA, for $150-$200ish. Add to the fact the uncertainty about
Harrott protections, and the fact that these will never get declared as AWs, and it's just not worthwhile even aside from legal risks.
Bill Wiese
San Jose CA