My querry about making my own fixed mag AR:
Mr. ******:
California Penal Code (PC) section 12276 defines an assault weapon as a semi-automatic firearm and by the make & model. All these models have a detachable magazine. The AR 15 is listed.
Penal Code section 12276.1, additionally, defines an assault weapon by the characteristics on the firearm. One of the categories is " A semi-automatic rifle with a fixed magazine with the capacity to accept more than 10 rounds. PC 12280 prohibits the manufacture of an assault weapon.
The modification to a permanently fixed magazine (not capable of being reversed back to a detachable) that can not accept more than 10 rounds would be an acceptable modification.
For information regarding the above cited Penal Code sections,visit the Department of Justice website; www.ag.ca.gov/firearms, via the Dangerous Weapons Control Laws. If you need further assistance, contact the Department of Justice at (916) 263-4887.
Sincerely, Kathy Quinn, Field Representative Firearms Division
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About 80% handguns in general:
Dear Mr. ******:
In response, have you contacted the ATF office in your area regarding the federal restrictions on manufacturing of handguns? With certain exceptions, it is a permitted activity. Could you provide me with a daytime telephone number to discuss the issues with you?
Sincerely, Mr. Dana McKinnon Field Representative Firearms Division (916) 263-4881
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Querry about modifing an 80% rifle receiver of an assault weapon to accept only rimfire ammunition and then completing now non-assault weapon. The example used was permanently attaching a cross bar in the mag well of an AR and then cutting down into the rimfire magazine behind the bullets. The Rimfire mag would then go around the cross bar, however centerfire ammunition, which is longer, couldn't.
Dear Mr. ******:
In response to your correspondence, assault weapons as defined by California Penal Code section 12276.1 would exclude a rifle that fires only .22 cal rimfire ammunition.
Sincerely, Mr. Dana McKinnon Field Representative Firearms Division (916) 263-4881
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My very first querry. Took almost a year to get a response. The querry was about the legality of the "nut on the mag release so you can't press it" mod. By the time they responded, it had moved web domains.
Dear Mr. ******:
I went to the websight you mentioned and there were no firearms on it; it was an advertisement for purchasing websight addresses. It is up to you to determine the legality of a firearm. To make this determination, refer to our website and open the online publication, "Assault Weapon Identification Guide."
Essentially, if the ca-15 has a receiver that, when put together with AR-15 parts, would function as an AR-15, then it is an assault weapon under the series portion of the assault weapon law, and prohibited under CA law. If the receiver of said rifle would not function as an AR-15 receiver, then you must determine whether the rifle can meet the definition of assault weapon rifle under the characteristics portion of the assault weapon law, i.e., Penal Code 12276.1.
You can find this penal code in its entirety on our website at: www.ag.ca.gov/firearms , on the left side of the screen you will see the online publication DANGEROUS WEAPONS CONTROL LAWS.
Sally Carney, Field Representative Firearms Division
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Querry to get an actual response to 80% handguns:
Dear Mr. ******,
Thank you for your inquiry.
California law prohibits a person from building his or her own handgun for personal use pursuant to Penal Code section 12125. However, one can build a long gun as long as it is not an assault weapon under California law. Additionally, long guns must have a serial number assigned to them.
If you have any further questions, please do not hesitate to contact the Firearms Division at 916-263-4887.
Sincerely,
Lisa Strange, Analyst Firearms Division (916) 263-4882 [email protected]
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Question about building an AR style pistol, with an 80%er or a manufactured receiver:
Mr. ******: In response to your August 6, 2005, Penal Code section 12125 does not allow the manufacturer of handguns since they would not be tested and be approved by California. In addition, an AR-15 receiver (whether 80% or not) is an assault weapon and cannot be imported into California.
David A. Witt, Field Representative Department of Justice Firearms Division (916) 263-8180
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Now, in all of those I mentioned 80% receivers because it was around the time I started to make mine. I was curious and cautious, so instead of debating it on the forums I went and asked for the answer. Not a single person said a single thing about 80% reicevers, and most of them referred straight to the AR 80% receiver. David Witt however instantly says that any AR reicever, whether 80% or not, is illegal. He doesn't even site any penal code for it (even though I am sure we all know it by now). He just says "AR?.....ILLEGAL!" You will also notice that he answered the first half, about Handguns and sited the penal code for it and why it would not be legal, but for the AR he just says "it's illegal". He didn't give it any though or even look into it. Just "Illegal".
Just remember two things:
1. Yes, Any AR reciever completed to any degree is illegal.
2. an 80% 'receiver' is not a receiver yet. Once it passes on into the 81%+ range, then it is a reciever.
So if you get approval, modify the mag so it is permanently attached (and thus not an AR by series or an AW by feature) then when it passes on into the 81% range then it is not an AR receiver and is not illegal.