U.S. Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

--····----·-------------'------~-'-------'--------

Dear····-

Martinsburg, West Virginia 25405

www.atf.gov

OCT 1 3 2009

903050:GR 3311/2009-1230

This refers to your correspondence to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), in which you present two questions-one regarding building an AR15-type pistol from a stripped receiver and.the other concemingthe legality of adding a rubber cane grip to your AR 15-type pistol buffer cap. Your letter was forwarded to ATF' s Firearms Techno logy Branch (FTB), Martinsburg, West Virginia, for reply.

For your information, the GunCorttrol Act (GCA) of 1968, 18 U.S.C. Chapter 44, states that an unlicensed individual may make a "firearm" as defined in the GCA for his own personal use, but not for sale or distribution. Individuals manufacturing a firearm for their own personal use are not required to submit a sample to ATF for approval. However, if the design ofthe firearm were questionable, it would be prudent for such individuals to seek the advice of ATF prior to manufacture.

As additional background, with respect to the definitions of "handgun" and "pistol" under Federal statutes and implementing regulations, you may be aware thatthe GCA, 18 U.S.C. § 921(a)(29), defines "handgun" to mean, in part, ... a firearm which has a short stock and is designed to be held and fired by the use ofa single hand .... Additionally, 27 CFR § 479.11 defines "pistol" to mean ... a weapon originally designed, made, and intended to fire a projectile (bullet) from one or more barrels when held in one hand, and having (a) a chamber(s) as an integral part(s) of, or permanently aligned with, the bore(s); and (b) a short stock designed to be gripped by one hand and at an angle toand exten4ing below the line of the bore(s). Please~ote also that the GCA, 18 U.S.C. § 92l(a)(7),defines "rifl~" to mean, in part, ... a weapon designed f'JSfDLS ltPC or redesigned, made or remade, and intended to be fired from the shoulder.... fVM' 'Of;SI(..N(l)

In addition, the National Firearms Act (NF A), U.S.C. § 5845(a)( 4), defines the term "firearm" tJl' ~;l)UL..1>EU1) include a weapon madefrom a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length ....

Finally, if an individual utilizes a receiver thathas already been assembled into a rifle, and then assembles it into a pistol, such an assembled pistol Would constitute a "weapon made from a rifle" as defined in the NF A.

-2-

Thus, to answer your first question, ifan individual utilizes a receiver that has never been assembled as a rifle action, he may lawfully assemble asemiautomatic pistol.

In response to your second question regarding the legality of adding a rubber cane end-cap to your AR15-type pistol buffer catr-thisaddition wou}d1wtbe considered abl.lttstoc~ and would not change the classifica-tion ofthe pistol a,s a GCA firearm; therefore,· itwould be lawful.

We thank you for your inquiry and trust that the foregoing has been responsive. If you have additional firearms questions ofa technical nature, you may right directly to FTB.

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Sincerely yours,

~·.~ ~John R. Spencer . ~~

Chief, Firearms Technology Branch

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DearMr.-

U.S. Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

Martinsburg, West Virginia 25405

\VWW.atf.gov

AUG 3 0 2010

903050:MCP 3311/2010-1021

This refers to your recent con·espondence to the Bureau of Alcohol, TobaC.co, Firearms and Explosives (ATF) regarding the manufacture of a fireann. Specifically, you asked abo-ut the lawfhlness of manufacturing an AR"15 type pistol for your personal use. Your letter was forwarded to ATF's Firearms Technology Branch (FfB), Mmiinsburg, West Virginia, for reply.

As background, the amended Gun Control Act of 1968 (GCA),l8 U.S.C. § 921(a)(3), defines the tem1 "firearm'! to include ... any weapon (including a starter gun) which will or is designed to or may be readily converted to expel a projectile by the action of an explosive ... [and] ... the · fi·am<? or receiver of any such weapon ....

With.respect to the definitions of"handgun'' and "pistol, under Federal statutes and regulations, you may be aware that the GCA, 18 U.S.C. § 921(a)(29), defines "handgun'' to mean, in part, ... a firearm which has a short stock and is designed to be held and fired by the use of a single hand .... Additionally, 27 CFR § 478.11, a regulation implementing the GCA, defines "pistol" as ... a weapon originally designed, made, and intended .to fire a projectile (bullet) ji·mn one or more. barrels when held in one hand, and having (a) a chamber(s) as an integral part(s) of, or permanently aligned with, the bore(s); and (b) a sho1't stock designed to be gripped by one hand and at an angle to and extending below the line of the bore(s).

Please note also that the GCA, 18 U.S.C. § 921(a)(7), defines "rifle'' to mean, in pmi, ... a weapon designed or redesigned, made. or remade, and intended to bejiredfi·om the shoulder .... Finally, the National Firearms Act (NFA), defines the term "firearm'' to include ... a rifle having a bm:rel or barrels of less than 16 inches in length ... [and] ... a weapon madefi·om a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length .... (See 26 U.S.C. §§ 5845(a)(3) and (4)).

For your information, per provisions ofthe GCA, an unlicensed individual may make a "firearm., as defined in the GCA for his own perso.nal use, but not for sale or distribution. Individuals manufacturing a firearm for their own personal use are not required to submit a sample to ATF for approval. However, if the design of the firearm were questionable, it would be prudent for such individuals to seek the advice of ATF prior to manufacture.

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1/. Also, based on the GCA, manufacturers' marks of identification are not required on firearms that are produced by individuals for personal use. Nevertheless, ATF recommends the placing of marks of identification on these weapons at the time ofmanufacture. This procedure would aid law enforcement authorities in identifying the firearm should it become lost or stolen. ~I PN IVDT ~()!#l> 7b 5€1!./HUU ~ NIJ/tK N'/ R~IJ/(N!:..

A With respect to bat1'eling and the assembly of pistols, if individuals utilize a receiver that has never been barreled as a rifle action, they may lawfully assemble a pistol. Such an assembled pistol would constitute a "firearm" as defined in the OCA If an individual utilizes a receiver that has already been barreled as a rifle action in the assembly of a pistol, such an assembled pistol would constitute a "weapon made from a rifle" as defined in the NF A. A MY FlllEII~ ~ Mil be TO Be II PISrDL tJ(aA/SIVEt-'1. ·Individuals desiring to manufacture a firearm subject to NF A provisions (machine guns excepted). must first submit and secure approval of an ATF Form 1, Application to Make and Register a Firearm, and pay the applicable $200 making tax.

In your letter) you state tlwt you recently purchased an AR-15 type "stripped" lower receiver with the intention of building it into a pistol; it was shipped as a bare receiver and never built into a rifle. Your specific questions, paraphrased and repeated below, are followed by FTB's answers.

Question# 1: Am I able to legally construct this lower receiver into an AR ~ 15 type pistol?

A: Yes, since you are utilizing a receiver that has never been barreled as a rifle action, you may lawfully assemble a pistol. However, we advise you to confirm that assembly of such a pistol does not violate any State laws or local ordinances where you reside.

QJ12.: Would I be required to register it as an NFAjirearm with a tax stamp?

A: No.

Q.Jil: Do AR-15 type pistols have a restriction on barre/length?

d')A: No. 0 WHICII MeliN~ 1/.S SHD/tr liS I D6SII!e~ IN 111/S C/1.5£ 8-S""''

Q...iM: Would a 10-1/2 inch or 11-1/2 inch length barrel be allowed? /

A: Yes.

Q.Ji2: Can I use standard AR~15 type handguards on the pistol?

A: Yes.

Q.Jl§.: Would I be able to own both an AR~J5 type rifle and an AR-15 type pistol in the same household if they are physically capable of having interchangeable ["swapping"] upper receiver assemblies and barrels?

A: Yes, provided you do not install the AR-15 type pistol uppet· receiver containing a barrel less than16 inches on your shoulder-stocked, AR-15 type rifle lower receiver. Such a combination would constitute a short-barreled rifle as defined in 26 U.S.C. § 5845(a)(3).

QJ11: Can I lawfully install a Magpul AFG [Angled Fore-Grip] on the bottom access01y rail of the subject AR-15 type pistol?

A: Yes.

We thank you for your inquiry and trust the foregoing has been responsive. For futiher flt·earms inquiries of a technical nature, you may write to FTB directly.

Sincerely yours,

U.S. Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

NOV 3 0 2004 ···························------·-----. ·-----------------------------

www.atf.gov

903050:RV 3311/2005-023

This refers to your letter dated September 20, 2004, to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Firearms Technology Branch, requesting information regarding the legality of manufacturing pistols from AR-15 type rifle receivers. Your further inquire whether you must use a short buffer tube designed for an AR with a collapsible buttstock or whether using a standard buffer tube would be permissible.

For your information, a rifle receiver that has never been barreled and/or stocked as a rifle may be utilized in the manufacture of a pistol. Please note that you must not utilize a receiver that has previously been completed in a rifle configuration because pistols manufactured with receivers completed in this manner would be classified as "short-barreled rifles" under the National Firearms Act (NFA) and be subject to all NFA provisions. Therefore, you should obtain certification from the manufacturer of the receivers verifying that they have never been completed in a rifle configuration. Also, when purchasing or picking up your receivers, make certain that your dealer does not describe them as "rifles" on ATF Form 4473.

With respect to buffer tubes, the use of either buffer tube you describe is permissible~ However, possessing a rifle buttstock that could readily be installed on your pistol could constitute possession of a short-barreled rifle.

W c thank you for your inquiry and trust that the foregoing has been responsive.

Sincerely yours,

Sterling Nixon Chief, Firearms Technology Branch

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We should add that prlor to utilizing sections of a destroyed receiver, the features that make it capable of firing automatically-the machinegun scar pin hoJe and the slotted right receiver t·ail-must be removed.

-¥ Also. for your informatim'i, a nonHcensee mayn1anufacture a semiat1ton1atic rifle for his or her 71\ own personal use;. As long as t11e fiream1remains in the custody of Hte person who

'

manufactured it~ the fireann need J'lot be marked with a serial number or name and location of the mnnufa.cturcr. However. ifthe flreann is transfen·ed to a11other party at some point in the ruturc, the firearm must be maTked in accordance with the pro\oisions set forth in 27 CFR § 4 78.92 (formerly 178;92). ·

Finally1 a Jicet1scd collector may acqu1re, hold. or dist)ose offireatmS. classified as «curiofl or rellcs~' as t11at tennis defined in 27 CFR 478.1 1 (fom1erly 17&. I 1). The collector's license docs not nuthorizethc holder to manufacture a fircann for co1limercia1 resale.

For furtbcr details Qn issues related to your inquiry, please referto the enclosed ATF publica.tion, Fede1•al Firearms Regulations Reference Guide 2000 (ATF P 5300.4). The text of27 CFR 478.41 (d) (formerly 178.41) appears on page 53; that of27 CFR 478.93 (fom1erly 178.93). on page 58.

We thank you for your inquiry and trust that the foregoing has been responsive.

Enclosure

Sincerely yourss

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~-Chief, J:i'ireanns Technology Branch

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a single discha~ge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.

ATF has long held that by installing a vertical fore grip on a handgun, the handgun is no longer designed to be held and fired by the use of a single hand. Therefore, if individuals install a vertical fore grip on a handgun, they are •making• a firearm requiring registration with ATF's NFA Branch. Making an unregistered "A OW' is punishable by a fine and 10 yaars'

imprisonment. Additionally, possession of an unregistered "A OW' is also punishable by fine and 10 yaars' imprisonment.

To lawfully add a vertical fore grip to a handgun, a person must make an appropriate application on ATF Form 1 (5320.1) , "Application to Make and Register a Firearm. • The

applicant must submit the completed form, along with a fingerprint card bearing the applicanrs fingerprints; a photograph; and $200. 00. The application will be reviewed by the NFA

Branch. ff the applicant is not prohibited from possessing a firearm under Federal, Slate, or local law, and possession of an ·A OW' is not prohibited in the applicant's State of

residence, the form will be approved. Only then may the person add a vertical fore grip to the designated handgun.

A person may also send the handgun to a person licensed to manufacture NFA weapons. The manufacturer will install the fore grip on the firearm and register the firearm on an A TF

Form 2 (5320.2) . The manufacturer can then transfer the firearm back to the individual on an ATF Form 4 (5320.4) , which results in a $5.00 transfer tax. ffthe manufacturer is out

of State, the NFA Branch will need a clarification letter submitted with the ATF Form 4 so that the NFA Branch Examiner will know the circumstances of the transfer. Questions can be

directed to the NFA Branch or the Firearms Technology Branch.

0: Is it legal to assemble a firearm from commercially available parts kits that can be purchased via internet or shotgun news? For your information, per provisions of the Gun Control Act (GCA) of 1968, 18 U.S. C. Chapter 44, an unlicensed individual may make a "firearm· as defined in the GCA for his own

personal use, but not for sale or distribution.

The GCA, 18 U.S. C.§ 921(a}(3), defines the term "firearm" to include the following:

... (A) any weapon (including a starter gun) which will or is designed to or may be readily converted to expel a projectile by the action of an explosive: (B) the frame or receiver of any

such weapon; (C) any firearm muffler or silencer; or (D) any destructive device. Such term does not include an antique firearm.

In addition, the National Firearms Act (NFA), 26 U.S. C. § 5845(b), defines the term •machinegun" as:

... any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manuallflloading, by a single function of the trigger.

This term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in

converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person.

Finally, the GCA, 18 U.S. C. § 922(r}, specifically states the following:

II shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under the .. . [GCA] ... Section 925(d)(3).as not being particularly suitable for or readily adaptable to sporting purposes ....

Also, 27 C.F.R. § 47B.39 states:

(a) No person shall assemble a semiautomatic rifle or any shotgun using more than 10 of the imported parts listed in paragraph (c) ofthis section if the

assembled firearm is prohibited from importation under section 925(d)(3) as not being particularly suitable for or readily adaptable to sporting purposes ...• (b) The provisions of this section shall not apply to:

(1) The assembly of such rifle or shotgun for sale or distribution by a licensed manufacturer to the United States or any department or agency thereof or to any

State or any department, agency, or political subdivision thereof; or (2) The assembly of such rifle or shotgun for the purposes of testing or experimentation

authorized by the Director under the provisions of [§478.151(formerly 178.151)]; or (3) The repair of any rifle or shotgun which had been imported Into or

assembled in the United States prior to November 30, 1990, or the replacement of any part of such firearm.

(c) For purposes of this section, the term imported parts [tabulated below] are:

(1) Frames, receivers, receiver castings, forgings, or castings. (2) Barrels.

(3) Barrel extensions.

(4) Mounting blocks (trunnions).

(5) Muzzle attachments.

(6) Bolts.

(7) Bolt carriers.

(B) Operating rods.

(9) Gas pistons.

(10) Trigger housings. ( 11) Triggers.

(12) Hammers.

(13) Sears.

(14) Disconnectors.

( 15) Buttstocks.

(16) Pistol grips.

(17) Forearms, handguards. (18) Magazine bodies.

https://www.atf.gov/firearms/fa ... Sunday, February 09,2014 1:58:45

TM. CALfPGRNIA HANDGUN IDEN1'1PIC.A'fi0N' FI.OW CM.AR"'l'

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!Jilll:!slrti·Rogs .A"'"'"'t-~lWA!l:lmll£•;m1mJ..&;Lo:>J A.\\l§cll The registration deadline for Qsault we;opon$ li..ted in the RobertHl.oos ban was March 31, 1992.

• .!¥5:1.t!.!l\!tl.!ilL.$.:U.!iJ!c?;u The registration deadline for assault weapQns as "defined by charaeteristic:s" I" SEI· 23 was December 31, 2000.

The reglstratiQn deadline for assault weapons as defined by Penal Code section 12276(e) "AI( <tnd AR~15 series" assault weapons was January 23, 200L

"1111• chart lslnteridad to add- the possesSion of lmnru.luns and omit$ issues

relating to the nte or tri!inster of handguns aiid a$$<)<:1\l!t.(kl Han~un R~r !ssuem"

C(l. Definition qf l'!andgl.ln

"Ahandgil.ln 1$ any pjstol, ntV(>IVer,or other firearm capable of being con.cealeiJ upon the

person that. hils a .barrel length of less than inclles, The term also applies to any device

that hils a barrel length of 16 inches or more Which Is desl9ned to be Interchanged with a

barrel less than 16 inches. {Peul Code§ UOOl(a).)"

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Category 2 - was the legally ambiguous definition targeting AR and AK "series" in PC 12276(e). This definition was modified by the california Supreme 2001 in what is known as the Harrott v. County of Kings (2001) 25

The DOJ was required to create an additional list of firearms by model. It is available in CCR 11 § 5499 and is sometimes referred to as

list". Then came AB2728, which prevents the DOJ from ever updating list after Jan 2007.

3- are defined by characteristic features listed in PC 12276.1. These are referred to as "SB23 features" (Senate Bill 23).

used in this chapter, "assault weapon" shall mean the following i semiautomatic firearms: All of the following specified pistols: UZI*

2) Encom MP-9 and MP-45. 3) The following MAC types:

RPB Industries Inc. sM10 and M11. SWD Incorporated M-11. Advance Armament Inc. M-11. Military Armament Corp. Ingram M-11. Intratec TEC-9. Sites Spectre. Sterling MK-7. Calico M-950. Bushmaster Pistol.

§ 12276(e) Pistols

Pistol Pnnfe•<<ilnn~l Ordnance, Inc. Carbon 15 Pistol

CAUBER .22LR .32 S&W LONG .22LR .32 S&W LONG .22LR . 32 S&W LONG .22LR .32 S&W LONG .22LR

MODEL OSP OSP- 2000 GPO GP-SCHUMANN HP MP SPT SPE

CALIBER .22 SHORT .22 SHORT .22 SHORT .22 SHORT .32 S&W LONG .32 S&W LONG . 22LR .22LR

"Any Other Weapon" "Assault Weapon" :"Short Barrelled Rifle"§ 12020(c)(2) "Short Barrelled Shotgun"§ 12020(c)(1)

"Destructive Device" §12301(A)(3) & Title 27 Part § 479.11 National Firearms Act Code of Federal Regulations : United States Code

Penal Code

The term "destructive device," as used in this chapter, shall any of the following weapons: weapon of a caliber greater than 0.60 caliber which fires fixed

lan1munition, or any ammunition therefor, other than a shotgun (smooth bore) conforming to the definition of a "destructive device" subsection (b) of Section 479.11 of Title 27 of the Code of

I Regulations, shotgun ammunition (single projectile or shot), rifle, or an antique cannon. For purposes of this section, the cannon" means any cannon manufactured before January 1, ich has been rendered incapable of firing or for which

l.n,m.o oni>i•m is no longer manufactured in the United States and is not in the ordinary channels of commercial trade. The term

rifle" means a firearm conforming to the definition of an firearm" in Section 479.11 of Title 27 of the Code of Federal

A threaded barrel, capable of accepting a flash suppressor, forward rip, or silencer.

A second handgrip . A shroud that is attached to, or partially or completely encircles, the

that allows the bearer to fire the weapon without burning his or hand, except a slide that encloses the barrel.

f~~c~'-'"cc_--~'''------'-"-"-""'-'"-'-""'~-"-~J.. _____________ -----~--------------------!~~·~The capacity to accept a detachable magazine at some location of the pistol grip. The following definitions shall apply under this section:

"'Antique firearm" means any firearm manufactured prior to ry 1,1899."

§ 12020(a)(1) Article 2.

TH• CAUPOIIJIIA HA ... UJI IDalnJPICA'IIOJIFI.OW CMAJI'I

) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison;

) Manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm

wrm,rrrer. any ammunition which contains or consists of any flechette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any mrHrroursr trigger activator, any nunchaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded

any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen any metal military practice handgrenade or metal replica handgrenade, or any instrument or weapon of the kind commonly known as a blackjack,

'"'""'"''ur. billy, sandclub, sap, or sandbag.

The manufacture, possession, transportation or sale of short-barreled shotguns or short-barreled rifles when authorized by the !Do•mort:ment of Justice pursuant to Article 6 (commencing with Section 12095) of this chapter and not in violation of federal law. I

.

1

(5)For purposes of this section, "antique firearm" means any firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or , replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before I

~;:::::~i:::: :~~~::::i:n nt:~:~:: c:::::::l:: ~~ :he:i~~~t~: :~:::sn a4n;8::~:: ::l:il:7a:;~::l:~:~ho: :::i::~YR::au~:::n:fa:dm~h~:~i:: ~~a::~ : possession of a person permitted to possess the items pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and , he regulations issued pursuant thereto. Any person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the 1

~Welfare and Institutions Code from possessing firearms or ammunition who obtains title to these items by bequest or intestate succession may retain 1

itle for not more than one year, but actual possession of these items at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this j

code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year, the person shall transfer title to the firearms or ammunition by sale;

lgift, or other disposition. Any person who violates this paragraph is in violation of subdivision (a). I

1

(8) Any other weapon as defined in subsection (e) of Section 5845 of Title 26 of the United States Code and which is in the possession of a person !

permitted to possess the weapons pursuant to the federal Gun Control Act of 1968 (Public Law 90-618), as amended, and the regulations issued : !pursuant thereto. Any person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Cadell from possessing these weapons who obtains title to these weapons by bequest or intestate succession may retain title for not more than one year, but lactual possession of these weapons at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year, the person shall transfer title to the weapons by sale, gift, or other disposition. Any person who violates this paragraph is in violation of subdivision (a). The exemption provided in this subdivision does not apply to pen guns. i !Definitions: i(c)(1)As used in this section, a"short-barreled shotgun"means any of the following;

I(A)A firearm which is designed or redesigned to fire a fixed shotgun shell and having a barrel or barrels of less than 18 inches in length. I(B)A firearm which has an overall length of less than 26 inches and which is designed or redesigned to fire a fixed shotgun shell. '(C)Any weapon made from a shotgun (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 126 inches or a barrel or barrels of less than 18 inches in length. 1(D)Any device which may be readily restored to fire a fixed shotgun shell which, when so restored, is a device defined in subparagraphs (A) to (C) !inclusive. ]CE)Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C) inclusive, or any !combination of parts from which a device defined in subparagraphs (A) to (C), inclusive, can be readily assembled if those parts are in the possession under the control of the same person

1

(2) As used in this section, a"short-barreled rifle" means any of the following;

(A) A rifle having a barrel or barrels of less than 16 inches in length. j(B) A rifle with an overall length of less than 26 inches. 'I( C) Any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length. (D) Any device which may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subparagraphs (A) to (C), inclusive. (E) Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C), inclusive, or any combination of parts from which a device defined in subparagraphs (A) to (C), inclusive, may be readily assembled if those parts are in the possession :or under the control of the same person.

'(10) As used in this section, a "zip gun" means any weapon or device which meets all of the following criteria; (A) It was not imported as a firearm by

~n importer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant ! hereto. (B) It was not originally designed to be a firearm by a manufacturer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18ll

of the United States Code and the regulations issued pursuant thereto. (C) No tax was paid on the weapon or device nor was an exemption from paying , ax on that weapon or device granted under Section 4181 and Subchapters F (commencing with Section 4216) and G (commencing with Section 4221) of Chapter 32 of Title 26 of the United States Code, as amended, and the regulations issued pursuant thereto.

(12) As used in this section, an "unconventional pistol" means a firearm that does not have a rifled bore and has a barrel or barrels of less than 18 inches in length or has an overall length of less than 26 inches.

jPc § 12200 thru 12251 Machine Guns I

rRTICLE 1. GENERAL PROVISIONS I

* 12200. The term "machinegun" as used in this chapter means any weapon which shoots, is designed to shoot, or can readily be restored to -~shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon,_ any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a I

1weapon tnto a machmegun, and any combtnatron of parts from wh1ch a machmegun can be assembled 1f such parts are tn the possession or under the control of a person. The term also mcludes any weapon deemed by the federal Bureau of Alcohol, Tobacco, and Firearms as readily convertible to a , jmachinegun under Chapter 53 (commencing with Section 5801) of Title 26 of the United States Code. I

'ARTICLE 2. UNLAWFUL POSSESSION OF MACHINE GUNS i * 12220. (a) Any person, firm or corporation who within this state possesses or knowingly transports a machinegun, except as authorized by this 'I

jchapter, is guilty of a public offense and upon conviction thereof shall be punished by imprisonment in the state prison, or by a fine not to exceed ten :thousand dollars ($10,000), or by both such fine and imprisonment. (b) Any person, firm, or corporation who within this state intentionally converts a 1 rirearm into a machinegun, or who sells, or offers for sale, or knowingly manufactures a machinegun, except as authorized by this chapter, is punishabli lby imprisonment in the state prison for four, six, or eight years.

IARTICLE 3. PERMITS ! r- * 12230. The Department of Justice may issue permits for the possession, manufactur~, and transportation or possession, manufacture, or I

1transportatron of machmeguns, upon a satisfactory showmg that good cause ex1sts for the 1ssuance thereof to the applicant for the permit, but no IPerrt]it_shajl_tJ_e~gJ~.!Qjl_p~rson who i?...l!llil~.!.a.yea12._9.f..a~-----···-- .. . .. _ ______ _ _ ·---____ ·---. _______ _

....... CALIIPORNIA H.ANDCUJI IDBJII.ICA"IION FLOW CHAR"I

Antique firearm. Any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and m<9niJra,ctrJre'a in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether

rmmLnaccured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which l;,n,munitic•n is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

other weapon. Any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an I a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination

and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or a revolver having a

bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.

DE!st:ructiive device. (a) Any explosive, incendiary, or poison gas (1) bomb, (2) grenade, (3) rocket having a propellent charge of more than 4 ounces, having an explosive or incendiary charge of more than one-quarter ounce, (5) mine, or (6) similar device; (b) any type of weapon by

name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Director finds is generally

re<:Oglni;,ed as particularly SUitable for sporting purposes; and (c) any combination Of parts either designed or intended for USe in converting any device destructive device as described in paragraphs (a) and (b) of this definition and from which a destructive device may be readily assembled. The

not include any device which is neither designed or redesigned for use as a weapon; any device, although originally designed for use as a which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the

"•orr•>te•rv of the Army under 10 U.S.C. 4684(2), 4685, or 4686, or any device which the Director finds is not likely to be used as a weapon, or is an ntique or is a rifle which the owner intends to use solely for sporting purposes.

ammunition. That self-contained unit consisting of the case, primer, propellant charge, and projectile or projectiles.

or receiver. That part of a firearm which provides housing for the hammer, bolt or breech block and firing mechanism, and which is usually readed at its forward portion to receive the barrel.

gun. Any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual ing, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of

which a machine gun can be assembled if such parts are in the possession or under the control of a person.

Re,vctlver. A projectile weapon, of the pistol type, having a breechloading chambered cylinder so arranged that the cocking of the hammer or mc>vemE,nt of the trigger rotates it and brings the next cartridge in line with the barrel for firing.

A weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger, and shall any such weapon which may be readily restored to fire a fixed cartridge.

n. A weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single

for each pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed shotgun shell.

Director shall determine in accordance with 26 U.S.C. 5845(a), whether a firearm or device, which although originally designed as a weapon, is by of the date of its manufacture, value, design, and other characteristics primarily a collector's item and is not likely to be used as a weapon. A who desires to obtain a determination under that provision of law shall follow the procedures prescribed in §479.24 relating to destructive nations, and shall include information as to date of manufacture, value, design and other characteristics which would sustain a finding that the or device is primarily a collector's item and is not likely to be used as a weapon.

FR 14256, Aug. 3, 1971. Redesignated at 40 FR 16835, Apr. 15, 1975, and amended by T.D. 44 FR 55842, Sept. 28, 1979]

person shall make a firearm unless the person has filed with the Director a written application on Form 1 (Firearms)

as otherwise provided in this subpart, no firearm may be transferred in the United States unless an application, Form 4 (Firearms), Application and Registration of Firea in du licate, executed under the penalties of perjury to transfer the firearm and register it to the transferee

Bureau has determined that by reason of the date of their ;rn<mLnaccu~re, value, design and other characteristics, the following firearmsiBa,,.;,,allv. there are 2 ways that an individual (who is not prohibited

ly collector's items and are not likely to be used as weapons a State, or local law from receiving or possessing •n,.r<•rorP. are excluded from the provisions of the National Firearms Act. may legally acquire NFA firearms:

, the Bureau has determined that such firearms are also curios or as defined in 27 CFR 478.11. Thus, licensed collectors may acquire, or dispose to them as curios or relics subject to the provisions of 18

Chapter 44 and 27 CFR Part 478. They are still "firearms" as defined

® lk<Kioltt 1:0: .,..., by! catuuna.comlnct:Amendmentforum

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-·mfguns.<:om WWW•<:al~ult(latiofl.org•

DefendJn§Califllmia Afearm Rights

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Ca lg u ns. net (http:/ jwww. Cq/guns.netjcalgunforum/index.php) - California handguns (http://www.calguns.net/calgunforum/forumdisplay.php?f=66) - - Single Shot Exemption Explanation/Database Thread (http://www. calguns.netjcalgunforum/showthread.php?t=383692)

Cyc Wid It 01-12-2011 7:18PM

Single Shot Exemption Explanation/Database Thread

SUMMARY: The 'single shot exemption' or 'SSE' is an exception to California's Roster of Handguns. Guns in the SSE configuration may be sold in California, regardless of whether they are on the Roster. They must actually be safely functional, and must be capable of firing only one shot before reloading.See also BWeise Feb 8 2014

Once delivered to the buyer, the original parts may be re-installed and original functionality will be restored.

As before, any updates/additions/corrections/suggestions are welcome. I am not an employee nor am I affiliated with any FFL in any capacity other than customer. I will check this thread fairly regularly, or you can PM me. This mini database is broken into sections, please use control+f with "Section X" to jump to the pertinent section (as of now, this seems to be the easiest way to navigate a long post):

Section 1- legal Section 2- plain English explanation of the process Section 3- 07 FFL's who are performing this process, and the capacity in which they are doing the conversions Section 4- FFL's who are willing to transfer these items and their location/information Section 5- out of state vendors who will NOT ship off-roster items to CA FAQ in next post

Section 1: Legal 12133. (a) The provisions of this chapter shall not apply to fi~ tJf:Jer ~ single-action revolver that has at least a 5-cartridge capacity with a barrel length of not less than three inches, and meets any of the following specifications: (1) Was originally manufactured prior to 1900 and is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations. (2) Has an overall length measured parallel to the barrel of at

http://www.calguns.net/calgunf ... Sunday, February 09, 2014 5:20:46

least 71/2 inches when the handle, frame or receiver, and barrel are assembled. (3) Has an overall length measured parallel to the barrel of at least 71/2 inches when the handle, frame or receiver, and barrel are assembled and that is currently approved for importation into the United States pursuant to the provisions of paragraph (3) of subsection (d) of Section 925 of Title 18 of the United States Code.

(b) The provisions of this chapter shall not apply to a single-shot pistol with a barrel length of not less than six inches and that has an overall length of at least 10 1/2 inches when the handle, frame or receiver, and barrel are assembled.

**note: anything not explicitly prohibited by the law is legal

Section 2: Explanation - This conversion MUST be done by an 07 FFL, or can be done by a private party ( them to have the parts) prior to shipping.

*upd e * An 07 FFL is now no longer re

long as it is a basic conversion and not building up a gun fJ m a frame. If you can find an 01 FFL with the knowledge/willingness to do these conversio , you can. I will continue to update the list of shops who will perform this service. - Depending on availability and specific shop policies, may order from an FFL, transfer from Gunbroker, etc. - This reversible conversion generally entails a r cement barrel of greater length and a mag lock (not revolvers). There are no permanen bdifications to the gun. - Keep in mind that certain guns, due to t nature of demand and or design, will be prohibitively expensive or not readily 1 able to be converted. - Either complete DROS at that 07 or have it shipped to an FFL who is willing to accept guns in this format. Note, this may r 1re a deposit on the parts from the 07FFL. - Take possession of the gun er DROS. - Return the gun to its or· al configuration (note, for guns with the magazine outside of the grip, a bullet button be used, and you cannot use "normal capacity" magazines).

BWeise 2

Recipe:

1. Convert to single shot 2. DROS and wait

http:/ /www.calguns.net/calgunf ...

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Sunday, February 09, 2014 5:20:46

3. Deliver 4. Re-convert

Section 3: 07 FFL's and other shops doing this work

No rCa I

Shop:

Placer Tactical 533 Lincoln Blvd. Ste 7 Lincoln, Ca 95648 916-996-5510

Hours: Appointment only Capacity: common guns in 9mm, 380acp, 10mm, 40sw, and 45acp, inquire within Rate: Contact shop Shipping: No

Shop:

Tracy Rifle and Pistol 2726 Naglee Road

Tracy, CA 95304-7309 - LtC€NSeD FlllCII~ l:J£ilt.6£. CALL Ft>tt. (209) 565-4867 __ ......... ,_~

fl.ffett61ve£. A-ll Pt61t>LS ~ t.E(;,RL Hours:

Mon-Sat 10 am - 7pm

Capacity: AR/AK/Mac 10, LCP, Glock Gen 4, Sig, HK45, HK P30, Kahr p380, 1911 .40/.45, xDm Rate: contact the shop

Shop:

Wild Bill's Old West Trading Co. 10490 East Stockton Blvd, Ste 150 Elk Grove, CA 95624 (916) 686-7699

Hours: contact shop Capacity: Gen 4 Glocks, LCP Rate: contact shop Shipping: No

Bay Area

Shop:

Digital Instincts

http://www.calguns.net/calgunf. .. Sunday, February 09, 2014 5:20:46

1101 Reed Ave Ste B Sunnyvale, CA 94086 ( 408) 682-0066 digital-instincts. com

Hours:

Mon-Fri lOam - 8pm Sat-Sun lOam - 6pm

Capacity: 1911's, Gen 4 9MM Glock, HK45 and 45C, HK P30, CZ-75 variants, and 9MM S&W M&P variants like the Pro Series and Core Rate: $100 including DROS Shipping: no

Shop:

Metal Dog Tactical Supply 2128 N First Street SuiteD San Jose CA 95131 (408)437-AR15 sales@metaldogtactical.com http://www.metaldogtactical.com/

Hours:

Tues-Fri llam -7pm Sat 12pm - 5pm

Capacity: 1911's Rate: Contact shop Shipping: No

Shop:

Mount Pleasant Arms 2275 Mount Pleasant Rd San Jose, CA 95148-1817' 408-768-9151 peter@mparms.com http://www.mparms.com/

Hours: By appointment in the evenings- closed Wednesdays and Sundays Capacity: http://www.mparms.com/Single-Shot-Exemptions ep 67.html Rate: Contact shop Shipping: No

Shop:

Valkyrie Arms [currently closed for audit] 2249 The Alameda

http://www.calguns.net/calgunf ... Sunday, February 09, 2014 5:20:46

Santa Clara, CA 95050 .... 1 •4~,,1!h FlllFIIeM l>fl}tefl.. CAU- F'fL /Uj~ru!J (408) 247-4327 ------1-.....1> "'"'' r;;;;-'"r-http://valkyriearms.net/ /11., PIS/bU. ffll£ L..6611L. • -

Hours:

Mon-Fri 10:00 am - 9 pm Sat-Sun 11 am - 8 pm

Capacity: AR/AK/MaclO, 1911 9mm/40/45, HK45, HK p30, Glock Gen 4, xDm, LCP, Sig, etc. Rate: cost included for firearms purchased through Valkyrie Arms, $50.00 for firearms not purchased through Valkyrie Arms Shipping: Yes

Central

Shop:

Breco Enterprises 1508 Tollhouse Road, Suite A Clovis, CA 93611 . t,..tCENSel> F14"1MM ~- C/h.L Ftllt-~ (559) 322-1710 ___..c. fl-fl- PISTOL&. ~~ UGIU ...

Hours: contact shop Capacity: AR/AK pistols, Gen 4 Glocks, LCP's, S&W Bodygaurd 380's, Kel-tec P3AT's, MPA 930's and all 1911's Rate: contact shop Shipping: No

Shop:

Cencal Guns Visalia, CA (559) 827-5131

Hours: contact shop Capacity: contact shop Rate: contact shop Shipping: No

Shop:

Spencer's Firearms 14402 Hwy 41 Madera, CA 93636 (559) 822-4369

Hours:

Tue-Fri lOam - 7pm Sat lOam - 6pm

http:/ /www.calguns.net/calgunf ... Sunday, February 09, 2014 5:20:46

Capacity: 1911, Hi-Power, Glock Gen 4 Rate: contact shop Shipping: No

Shop:

PRK 5530 East Lamona Avenue Fresno, CA 93727-2277 (559) 283-8666 I> L-1 CEN.Sel> Fltl.Ef/eM ~. tlltL ~

1/fl- P/5TDU f/tl.£ Uf::IH_ -----· Hours:

Tues-Thurs lOam - 5pm Fri lOam - 6pm Sat lOam- 4pm

Capacity: AR/AK/Mac 10, LCP, xDm, Glock Gen 4, 1911's. etc. Rate: contact shop Shipping: No

SoC a I

Shop:

Addax Tactical 1431 Truman St. UnitE San Fernando, CA 91340 (818) 361-5008

Hours:

Tues-Fri llam - 6pm Sat llam - 4pm

Capacity: Gen 4 Glock 17 Rate: contact shop Shipping: no

Shop:

American Gun Works 1837 W. Glenoaks Blvd. Glendale, CA 91201 phone: (818) 956-6010 fax: (818) 548-8606 http://www.americangunworks.net/index.php

Hours:

Tue-Fri lOam - 6pm Sat lOam - 4pm

http://www .calguns.net/calgunf ... Sunday, February 09, 2014 5:20:46

Capacity: 1911, Glock Gen 4 Rate: $100 Shipping: No

Shop:

Direct Action Solutions 722 Genevieve Street, Suite G Solana Beach, CA 92075 (858) 436-7088

Hours:

Tues-Sat lOam - 6pm

Capacity: HK45, FNP-45, AR pistols, Draco pistols, 1911's Rate: contact shop Shipping: No

Shop:

EBR Works Newbury Park, CA 91320 (877) 905-2673 info@ebrworks.com www.ebrworks.com

Hours: by appointment only Capacity/rate: ]lttg:f/www.ebrwebstore.com/sse-guidelines/ Shipping: No

Shop:

Get A Gun 12622 Knights Bridge Place Bakersfield, CA 93312 (661) 978-6450 - t> ~ fl' Pf!..E'V/Dfl C NDT61C

Hours: contact shop Capacity: AR/AK pistols, LCP Rate: contact shop Shipping: No

Shop:

Parallax Tactical 5276 Eastgate Mall San Diego, CA 92121 (619) 630-4869 http: 1/www. para llaxtactica I. com

Hours:

http:/ /www.calguns.net/calgunf ... Sunday, February 09, 2014 5:20:46

Tues-Fri llam - 6pm Sat 12pm - 7pm Sat 12pm - 5pm

Capacity:

Walther PPQ in 9mm CZ - 75 9mm SP01, 9mm Omega, 9mm P07 XDm - All Calibers and Sizes Sig - P226 9mm and .40, P220 .45, P229 9mm Smith & Wesson- M&P9 Full Size and PRO/CORE HK - P30 9mm, HK45, HK45c 1911's- .45 only Glock- all calibers and sizes except sub-compact 10mm, any .357 sig, any .45 GAP FN - FNP45, FNX45, FNX9, FNS9

Rate: $100 +tax+ DROS Shipping: No

Shop:

PD Gun Supply & Tool Inc. 2053 Glenoaks Blvd. San Fernando, CA 91340 (818) 322 45~5

Hours:

Tues-Thurs 12pm - 7pm Fri 12pm - 6pm Sat 12pm - 5pm PDG8186746744@gmail.com

Capacity: 1911's, Glocks Rate: contact shop Shipping: No

Shop:

Scorpion Arms 20732 Soledad Street #G Santa Clarita, CA 91351 Tel: (661) 388-2250 Fax: (661) 388-2251 http :1/scorpionarms. net/

Hours:

Tues-Sat lOam - 6pm

Capacity: Gen 4 Glock, 1911, other models on a case by case basis Rate: $150 for common models Shipping: no

http://www.calguns.net/calgunf ... Sunday, February 09, 2014 5:20:46

Out of State

Shop: Table Rock Arms

Section 4: Shops that are willing to accept transfers in this form

NorCal

California Handgun Exchange (Cottonwood) Golden Bear Arms (EI Dorado Hills) Norse Armory (Woodland) Robert Marine (Eureka) Roberts Gunsmithing and Police Supply (Folsom)

Bay Area

Eddy's Shooting Sports (Mountain View) Kevin Smith (Martinez) Republic of Northern Calif Armory (Oakley) Rob Blank (Milpitas) Santa Cruz Armory (Santa Cruz)

Central

JK Supply Co (lone) Mad River Arms (Riverbank) Tenpercent Firearms (Taft)

SoCal

Addax Tactical (San Fernando) Aegis (Burbank) Bright Spot Pawn (Riverside) EBR Works (Newbury Park) Echo Arms (East Orange County) Fort Courage Armory (Simi Valley) Gusslers (Santee) HIT Armory (Upland) MGM Tactical (Bakersfield) OC Armory (Laguna Hills) Pennington Firearms (Wildomar) Professional Armament Services (Anaheim) Riflegear (Fountain Valley) Straightline Tactical (Anaheim) SWI Firearms (Santa Ana) Tin Star Supply (Oak Hills/Hesperia) West Coast Survival Arms (Chula Vista)

frU OF 17-/BSe F~V I UCEIV~ FIU"Nf\1 ~.! I

11-Ct.Gff RND ~'/Q'YriHU Y HHN7J ~ Rt< P/S.Tl>l-~ . I

I

http://www .calguns.netlcalgunf ... Sunday, February 09, 2014 5:20:46

Section 5: Out of state vendors who will not ship off roster guns to CA, support vendors that support us Bud's Gun Shop STI *maybe some improvement on this front, YMMV Nelson Tactical Springfield Armory

Cyc Wid It 01-13-2011 3:38PM

FAQ Q: Where (in the law) does it say that I can convert a gun back to normal capacity? A: If not prohibited by the law, it is legal. In this case, you are merely performing gunsmithing work. Just keep AW laws in mind.

Q: How do I know this thread has the correct information? A: I have done my best to combine my own research with outside input/corrections. While I am not a lawyer (yet :D), this process has the CGF legal team "seal of approval" and some shops have been visited ~both CGF legal folks and the DOJ already without issue. 11fe C,~F t..e'G"" Tlfii'll'l /H.$0 ~t/.5/-161). 1'H6 j=UMIQ/IItl:TS. .. Q: Can I shoot my gun in single shot exempt form? A: Yes, and in theory nothing out of the ordinary should happen. Is it recommended? No.

Q: Why won't a shop ABC convert gun XYZ? A: There are a few possible reasons. First, the gun's design could make a conversion cost/time prohibitive. Secondly, there may not be enough demand for this particular gun. In this case, you could try and organize a group buy to demonstrate demand, or pay more. Finally, the shop may be so overloaded with work that your particular gun is just not high enough on their list yet. In this case, a group buy may or may not bump your gun up on the priority list.

Q: Does this process work for revolvers? A: Yes, there are somewhat different requirements, but the process works for revolvers as well.

Q: If I decide to sell this gun later, what happens? A: You can sell it the same way as any other off-roster gun in CA.

Q: What will it say on my DROS? A: Under type - single shot exempt.

Q: My favorite shop doesn't believe these conversions are legal, how can I convince them? A: Unfortunately, many shops don't feel comfortable with things that are completely legal. The best you can do is show them the penal code and/or direct them to the CGF legal team if they are willing.

Q: Can I use a gun transferred in this way on my CCW? A: Yes. The gun, once returned to its original configuration, is fine to put on your CCW, like any other off-roster pistol.

http:/ /www.calguns.net/calgunf ... Sunday, February 09, 2014 5:20:46

Q: Why can't/won't these shops ship their conversions? A: Some of them did at first. However, many customers lagged or did not return the parts. Every gun sold in this form must remain converted during the 10 day waiting period so there's no rotating of parts possible. The backlog created by people being lazy/inconsiderate/whatever with returning parts has caused them to stop. Even with the deposit system (which many people would balk at), in the event of a late return other customers are still backed up as shops have to hound the customer or make new parts.

http://www.calguns.net/calgunf ... Sunday, February 09, 2014 5:20:46

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Show 50 post{s) from this thread on one page

Ca lg u ns. net (http://www. calguns. netjcalgunforum/index.php) - California 2nd Amend. Political Discussion & Activism (http://www. calguns.netjca/gunforum/forumdisplay.php?f=71) - - Roster exemption summary/clarifications (single-shot pistol/single-action revolver) (http://www.calguns.netjcalgunforum/showthread.php?t=441766)

bwiese 06-06-2011 3:32 PM

Roster exemption summary/clarifications (single-shot pistol/single-action revolver)

Per 12133PC, certain handguns are Roster-exempt. These include:

Single-action Revolvers, capable of holding 5 or more rounds, with 3" minimum barrel length and 7.5" minimum overall length when assembled.

Single-shot Pistols, with 6" minimum barrel length, and a minimum overall length of 1 0.5" when assembled.

(lengths measured parallel to bore)

[Some folks casually and mistakenly conflate categories: there's simply NO "single-action exemption" -otherwise all 1911 s & Browning Hi-Power pistols would be automagically Roster-exempt! The single-action revolver exemption applies to revolvers only. Similarly, there's no "single-shot revolver" exemption either!]

Handguns not ordinarily considered single-action revolvers nor single-shot pistols may be converted to such status for regular resale by CA FFLs as 12133PC Roster-exempt handguns.

After a Californian completes the required forms/background check, and leaves the FFL 1 0 days later with his new handgun, he's then free to modify his new gun into any other legal form. Specifically, he may wish to convert his newly-acquired single-action revolver back to double-action status, or convert his new single-shot pistol back into multi-shot, magazine-fed status. The individual may decide to turn around and reenter the gunshop and have his FFL dealer assist him with gunsmithing services to swap parts.

"Category crossing" should be avoided not only to skirt definitional drama, but because the dimensional & parts-availability issues favor a DA revolver being converted to a Roster-exempt single-action revolver far more gracefully than into a Roster-exempt single-shot pistol- and this generally avoids revolver barrel mangling, too. {The converse is rather obvious: pistols are far more easily converted to single-shot pistol status than into single-action revolver status!)

Use of drop-in parts to modify a handgun does not require an 07 FFL {i.e., a "manufacturing FFL"). Also, while 12125PC has murky wording related to importing "unsafe handguns" for sale, California FFLs are allowed to freely import non-Rostered handguns for prospective LEO sales - and handguns rendered into Roster-exempt status are legal for resale to ordinary Californians too. Note the 12133PC exemptions includes the controlling phrase, "The provisions of this chapter do not apply ... ".

http://www.calguns.net/calgunf ... Sunday, February 09, 2014 4:54:01

Modifying a handgun into another legal handgun configuration is legal.

There are no laws restricting an individual or gunsmith from changing an owner's handgun in one legal configuration to any other legal configuration. (Regardless of its Roster status or Roster exemption: the Roster is really just a gating function to resale.)

Changes to caliber, barrel length can be made, along with rimfire I centerfire changeovers, conversion between single- & double-action status, and conversion between single-shot vs. repeater status, etc. [However, conversion to any of various prohibited firearm categories such as 12276/12276.1 PC 'assault weapon', or short-barreled rifle, short-barreled shotgun, unconventional pistol, etc. must all be avoided! Both Federal and CA laws must be observed.]

California "Roster-exempt" status is NOT achieved without proper "dimensional compliance".

Whether or not the handgun is already categorized as single-action revolver or single-shot pistol, if the barrel and/or overall lengths (or if under 5 round cylinder for revolvers) are incorrect for that particula\ 12133PC t exemption, then it's simply not Roster-exempt. AJ ICI\...

I'T"- PISTl>L MeEr '~"'vi [Certain single-action revolver variants called "Sheriffs model" or "Storekeeper", having under-3" barrels (typically -2.75" long), do NOT qualify as Roster-exempt single-action revolvers. However, such guns may be separately Roster-exempt if they separately fall into the C&R/antique category, which will not be discussed here.]

The "single-action revolver" Roster exemption does NOT mean "it looks like a cowboy gun" (Colt SAA, Ruger Vaquero, etc).

There are no California statutory/regulatory definitions of"single-action revolver". Nevertheless, this term is understood across the industry to define revolvers requiring the user to perform a separate cocking action, followed by separate trigger pull action, to fire a chambered round. It does NOT mean the gun 'looks like a cowboy gun'.

[What particular user action causes the cylinder to revolve is immaterial to this definition and varies by revolver architecture. Differences between the "loading gate" design common to cowboy-style Colt SAA-pattern revolvers vs. the swing-out cylinder/yoke assembly implemented on modern revolvers are irrelevant as to actual single-action status.]

Of particular note, Smith & Wesson shipped some Model14-3 revolvers in single-action configuration in the 1970s; given their size, they are Roster-exempt. These revolvers look like modern double-action revolvers but require the separate, independent cocking and firing actions of single-action revolvers. (In this particular gun, the cylinder rotates due to the trigger pull, not hammer cocking- differing from Colt SAA-pattern revolvers, where the cocking action is the one that rotates the cylinder.)]

Double-action revolvers - depending on brand, model and internal architecture - can be converted to single­action operation by simple parts removal, usually involving the "D/A sear''. (Care must be taken to not damage the revolver's finish and knife-edge sideplate contours in such work; proper "gunsmith" hollow-ground screwdrivers must be used to not damage screw heads.]

Removal of the "DA sear" from S&W revolvers' internallockwork renders single-action operation; this is likely applicable to Taurus and Rossi revolvers as well (not verified). (There are reliable reports that similar work can be done to modern Colt double-action revolvers such as Pythons also.)

Those performing such work should ensure, after parts removal and reassembly, that the revolver will indeed be safe to operate (especially regarding passing several "hammer push off' tests), and that the gun indeed operates ONLY in single-action revolver mode and CAN'T operate in double-action mode. The gun should otherwise operate normally, safely, and reliably to "pass the smell test" as a useable handgun.

The "single-shot pistol'' Roster exemption does NOT mean the gun has to look like a T/C Contender,

http:/ /www.calguns.net/calgunf. .. Sunday, February 09, 2014 4:54:01

etc.

"Single-shot pistol" status is neither defined in statute nor regulation. It is understood across the industry to mean the handgun, as it stands, can only contain and fire one round. Any reloading of the gun involves the user having to manually load another round stored somewhere else in ~ position that cannot feed into th~ H

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The only storage capacity in a 12133PC Roster-exempt single-shot pistol should be in its chamber: the gun as a whole must have a maximum capacity of one round. To achieve this status, a zero-round magazine is typically affixed to gun, or the magwell can be blocked from accepting any magazine-like devices and preventing any ammo from entering into chamber. I '/JU/t:r H'l PIS TV L t.N/11f H ~ ~v

MI!M/ZIN£ A zero-round magazine can either be a dummy "blue gun" training/filler magazine, or a regular magazine whose follower travel is blocked to zero round capacity. {The follower of such a magazine may need to "float" a bit to allow graceful slide movement.) Another alternative- especially on AR-pattern pistols- is to use a "sled" normally designed to work with longer rounds {BOgr VLDs.)

Whatever zero-round magazine/filler is used, it should be locked in place with some sort of screw-down or "maglock" device replacing the magazine release button, such that a user cannot manually drop the magazine and must use a tool. {This also keeps the gun outside of 12276.1 PC assault weapons status for guns such as AR/AK pistols.) This could be as simple as a recessed Allen screw & nut in a 1911, or a junked mag catch cut down so far that a tool is needed to push it in. The famous BulletButton and RaddLock devices common in CA­Iegal AR/AK rifle & pistol implementations also serve well in these guns. J4'('1 PI$!DL. IS EtfJuiPPfn> Wml /l- 1!iiLLE.T '1!N1'7""DI{

[One unique implementation involves using long grip screws penetrating thru the magazine well into the screw bosses of the opposite grip panel. No magazine can load in such a pistol, nor can ammo feed from inside. Care should be taken such that ammo cannot enter and fall into the chamber if gun held upside down.]

Achieving dimensionally-compliant Roster-exempt single-shot pistol status may be harder or easier and depend on the make/type of pistol, and cosUavailability of spare barrels. For typical pistols, several inches of steel pipe {whose inner diameter is wider than the caliber!) can be welded to the barrel end to get the min. 6" barrel length. Close inspection should be made to ensure safe conditions {concentricity/linearity of bore across both segments, no internal bore obstructions, etc.). In other cases, long aftermarket barrels are alread available- specifically, for 1911-style 45ACP pistols. NY PIS'f1)L l',f~ 11/6 /tFqvi~MI!hn"C

Permanence of attachment of any required barrel extension is needed to achieve the required 6" minimum single-shot barrel length {otherwise, it's considerable as separate barrel and separate extension). However, any additional length needed to get to the 10.5" min. overall length doesn't {in theory) need to be permanently attached.

Generally, for ARIAK-style pistols- and other pistols of similar caliber and "magazine-forward" topology- the minimum compliance lengths are already achieved, and no barrel modifications are necessary ..

[N.B. Note that barrel length should stay under the 16" boundary- this is to avoid any risk of crossing outside defined "handgun" territory and avoiding related SBR complications when attempting to return to handgun status.]

Roster-exempt handgun conversions can be used to avoid face-to-face PPT requirements, and function as a workaround to Roster issues when the seller/supplier doesn't hold a California ID.

DOJ BoF is {illegally) requiring source parties in PPTs to have CA IDs. Transferring a Roster-exempt handgun via a CA FFL avoids this PPT requirement since the gun can transition through CA FFL regular inventory.

Note that transfer fees are no longer the state-mandated PPT amount and can be whatever the FFL dealer chooses to charge - since PPT rules are not applicable.

Rendering a handgun into 12133PC Roster-exempt status also allows it to be shipped & transferred across California to another Californian's local FFL, without the owners having to meet at the FFL at the same time,

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Roster-exempt conversions must be "safe and sane."

Any conversions shouldn't result in dangerous situations (i.e, such poor attachment of barrel extension there are bore obstructions)- and shouldn't result in a gun really only usable once or twice at best (i.e., you cut your hand extracting spent rounds, etc.)

Extended barrels' bores need checking for free movement of a caliber-specific test rod. Revolvers need checking for instances of dangerous "hammer push-off' (a wise test on any gun with exposed hammer anyway!)

Roster-exempt conversions should produce a repeatably usable handgun not presenting danger to either the user or those nearby, and must "pass the smell" test as a rational, useable handgun.

http:/ /www.calguns.net/calgunf ... Sunday, February 09, 2014 4:54:01