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Posted: 7/1/2018 11:31:22 AM EDT
For those who did not pay attention the last 18 months there was one interesting opinion published by CAL-DOJ and accepted by the state. An AR-15 type rifle with its upper and lower halves separate is NOT an assault weapon.

Obviously Im not recommending anyone disassemble their home defense rifle. However if you chose to build a lower into a free state compliant rifle, all you need to do to be legal is separate the upper and lower halves.

Additionally if you registered a BBAW, but have not yet received an approval letter, you might want to separate the upper from the lower until you get the approval letter.
Link Posted: 7/1/2018 6:12:12 PM EDT
[#1]
Good advice.
Link Posted: 7/3/2018 12:17:12 PM EDT
[#2]
I'm willing to bet some state lawyer could show intent.

Wasn't there something about having a short barrel upper, in storage, which could be shown as intent? Or I'm just talking shit
Link Posted: 7/3/2018 2:15:55 PM EDT
[#3]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I'm willing to bet some state lawyer could show intent.

Wasn't there something about having a short barrel upper, in storage, which could be shown as intent? Or I'm just talking shit
View Quote
Constructive intent exists for SBS and SBR federally and probably with the state as well.

Constructive intent does not exist for AW. DOJs regulations, which were accepted by the state of California, specifically state that an AR15 separated into it upper and lower component halves is not an AW.
Link Posted: 10/24/2018 7:18:27 PM EDT
[#4]
https://www.ar15.com/forums/hometown/Got-my-AW-registration-letter-yesterday/11-628656/

Took 4 months to get confirmation letter
Link Posted: 10/25/2018 12:51:24 AM EDT
[#5]
The DOJ regulations to that effect only applied t what is considered an AW for purposes of registration.  The regulations that would have provided the same for general enforcement were withdrawn and thus do not apply.  If you have a weapon that is in an unlawful configuration when assembled and store it disassembled like that, you're still taking a chance.  From what I recall, the only case law in this area leans towards constructive possession being a thing for AWs.  A lot is up in limbo right now from what I've read.

IIRC, in the Bakersfield case they assembled the guy's upper and lower and then called it an AW.
Link Posted: 10/25/2018 2:07:03 AM EDT
[#6]
Link Posted: 10/25/2018 12:21:44 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
The DOJ regulations to that effect only applied t what is considered an AW for purposes of registration.  The regulations that would have provided the same for general enforcement were withdrawn...
View Quote
Yes
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