Quoted: I was very specific in my last post that I was talking of an ar-10 lower. I already own a fab-10. I was also clear that I'm willing to weld the magwell shut like a fab-10.
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Your phrasing/writing was not quite clear to me.
If you are building an 80% lower into a 100% lower it should NEVER have the mag well milled out - this is implied, since you apparently wanted a fixed magazine pinned in which meant to me your mag well was fully milled out.
The moment the magwell is empty, before you've installed the fixed/pinned/screwed/etc mag you have an AR lower that may well not be covered/protected by the Harrott decicion. This should have been clear to you in the FAQ. Other people have understood it.
Again, the fixed-mag Vulcan situation is different than yours. This is a lower that is in commercial circulation (giving it Harrott protection), and then they also got special DOJ permission to sell these pinned/glued-mag lowers in CA. You likely won't get this, and it is very late to start seeking this approval to get in under any time window.
You can make a lower (just put a serial # on it - Joe Bob #1, for example) but do NOT mill out the magwell area - leave the bottom closed. This is substantively different than the Vulcan situation.
Making something like a FAB10 lower - with a magwell never milled out and can only accept 10rds max - but in 308, would be fine.
My last specific question came from your link that you sent me. You talked of both the fab 10 as well as some company selling colt and armalite lowers with the mag wells welded shut. I don't see where its a poor question to ask if I can build my own lower using approved designs already approved by the doj.
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The company doing the welded-up Bushmasters & Colts, GB Sales, has a CA Assault Weapons permit: they had to, in order to get the normal unmangled rifles into CA. They then got special DOJ permission that overrules their banning-by-name because they are considered substantively and permanently different.
Just because their design is approved doesn't mean you won't be charged with a felony for getting a Bushmaster and welding it up.
In your own post earlier in this thread you yourself said that building a lower with a closed magwell is a different situation.
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Yes, your only chance is to build a 308 version of the FAB10 with a closed magwell. That way you don't have a true AR-style open magwell lower that is homebuilt - which is risky because it may well not have Harrott protection.
Why am I going to get myself into trouble by asking legitimate questions about what I can and can't legally do?
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You were asking questions that most feel were addressed in the FAQ. I think I've explained things in pretty good detail. Perhaps I can enhance it.
I appreciate the information I've been given. Since building a closed magwell lower is a different situation, where can I read more on the legality of that build without further confrontation?
You are allowed to build rifles (but not handguns except certain single action revolvers and certain single-shot pistols) as long as they are not assault weapons. Don't do it as a business though,
If you wanna build a bolt gun, go for it. If you wanna build a blind-mag FAB10 for 308, go for it.
Bill Wiese
San Jose CA