10 Inch AR15 Barrel in California?

Discussion in 'Firearm Laws & Legal' started by Vaultman, Mar 30, 2017.

  1. Vaultman

    Vaultman
    Clackamas Co, Oregon
    Well-Known Member

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    1. Is a 10" barrel (for an AR 15) legally transferable to someone in California (from someone in Oregon), without going through an FFL? (Hint: I am pretty sure I know the answer)

    2. Is a 10" barrel allowed on an AR 15 PISTOL in California?

    3. And most relevant to this scenario... Why would a resident of California ask a resident of Oregon to accept shipping of a 10" barrel for an AR 15, and say that it "cannot be sent to California because it is illegal there?"

    Any one know #1 & #2, or have a guess for #3?

    (On #1, I do not think it matters if the Californian can legally own a firearm, since a barrel isn't a firearm.)

    I would love to get as many opinions as I could... Thanks firearms enthusiasts!!!
     
  2. drstrangelove

    drstrangelove
    Vancouver, WA
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    The gray area of the law is that the barrel is a sub component of an "assault weapon". It has a threaded muzzle and generally speaking threaded barrels are not allowed in California, Unless they are on a single shot or a bolt action firearm, which an AR is not. SBRs and suppressors are not CA legal. AR pistols could be legal in CA if they are "featureless" and single shot. That means no pistol grip, muzzle device, forend shroud... they are not legal in any sense that you know them. If you are dealing with someone already in or wanting to be in possession of CA contraband, you do not want to get sucked into the mire of legal problems they are party to if caught. Move on.
     
    Last edited: Mar 30, 2017
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  3. ZigZagZeke

    ZigZagZeke
    Eugene
    Curmudgeon Silver Supporter 2015 Volunteer

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    Run, don't walk, far, far away from this deal. It sounds like someone is incredibly dumb or is participating in a sting operation. Either way you are opening yourself up to criminal liability if you are playing any part in obtaining illegal parts for someone in CA. No! Just no!
     
  4. Brutus57

    Brutus57
    State of Jefferson
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    Read this. It is long but informative. Except all the comments, those don't necessarily need to be read.

    SB 880: “So, What Does This Mean for Me?” - Gunfighter Tactical

    Parts is parts: a barrel is a part. What the buyer in CA does, is up to him. He could make a single shot or he could make an AW pistol and register it with CA DOJ before 2018.

    Brutus Out
     
    Last edited: Mar 30, 2017
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  5. ZigZagZeke

    ZigZagZeke
    Eugene
    Curmudgeon Silver Supporter 2015 Volunteer

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    If a 10" threaded barrel can't be legally imported to CA, which is what this OR resident is being asked to assist with, it sounds an awful lot like he would somehow be an accessory to a crime if he did. Perhaps even agreeing to the transaction and then receiving the item could be viewed as conspiracy to commit a crime. I'd still stay FAR away from this scenario.
     
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  6. HB of CJ

    HB of CJ
    42.17N 123.64W ?
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    Possession and intent issues. Run, don't walk. Up here in Oregon where such fun and giggles is very legal with all the paperwork, some folks have short barrels. They also own AR15 rifles. Short barrel rifle tax stamps. No problems.

    Otherwise the short barrels reside in the big gun safe at our local friendly knowledgeable Class 3 machine gun dealer. Why? Potential BATFE possession and control issues. Be safe. Obey all the laws. It is much easier that way. Respectfully.

    All Oregon State, US Code Laws And NFA Rules Apply.
     
    Last edited: Apr 1, 2017
  7. AMProducts

    AMProducts
    Maple Valley, WA
    Jerk, Ammo Manufacturer

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    Here's the question... is it just a barrel? if so, it's fine, a barrel isn't a gun, it's just a gun part. I might be a bit reticent to send a complete upper, but a 10" barrel is legal for any number of reasons, lets say they're going to permanently affix a 6" tube and make a CAR-15 clone. Was the price significantly better than anywhere else?
     
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  8. HB of CJ

    HB of CJ
    42.17N 123.64W ?
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    Also illegal by many means. Depends upon what the short barrel owner also possesses and controls. Even in Oregon if a legal owner of an AR15 rifle controls and possesses, (also known as owning) an AR15 short barrel even though the barrel is not installed on the AR15 rifle, without a BATFE short barrel tax stamp he MAY be in violation of BATFE rules ... which have the force of law. May be.

    But ... if a person has that 10" AR15 short barrel and does not own, posses, or control an AR15, then he is completely legal. Lots of gray area here. Define possession? Define control? Define intent? Lots of gray area. But .... practically speaking, one might be better off if he does NOT attract the attention of that 400 pound BATFE Gorilla. All of these forums are moderated by the Feds. Yikes!

    All Oregon State, US Code Laws And NFA Rules Apply.
     
  9. BDA.45

    BDA.45
    oregon
    Well-Known Member 2016 Volunteer

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    Mmmmmmm yummy, 10 Barrel....I love the Apocalypse IPA. I would assume they have it in Cali.....;)
     
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  10. The Heretic

    The Heretic
    Oregon
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    Or he/she could throw it in a trash can. I would not think (without diving into the laws) that the barrel by itself, without any firearm to attach it to, would or could be illegal in Calif., but then it is Calif. and they like to make things illegal there - so what do I know. I don't think it could possibly be illegal in Oregon or by federal law to sell or give a 10" barrel to a Calif. resident who takes possession of it in Oregon - even if you know they intend to take it to Calif.??
     
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  11. HB of CJ

    HB of CJ
    42.17N 123.64W ?
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    Legal in Oregon. May not be legal to receive and possess it in CA. I do not keep track of CA gun laws.
     
  12. Brutus57

    Brutus57
    State of Jefferson
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    That's obvious from your previous posts. Aero Precision M5 stripped lowers are legal in CA. The person in CA is the one liable to be aware and abide by the laws of CA. He can legally build a 10" AR barreled pistol in CA. The critical issue is what kind of action/features it has.

    Brutus Out
     
  13. The Heretic

    The Heretic
    Oregon
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    What happened to the law/bill where Calif. wanted to outlaw 80% lowers - even though they are not firearms?
     
  14. Brutus57

    Brutus57
    State of Jefferson
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    The following is for California residents ONLY: In July, 2016, Californiapassed AB 857 which requires all completed firearms to have a serial number applied by Jan 1, 2019. An 80% lower is not a firearm, so a serial number would only be required once the 80% lower is completed.

    So right now, uncompleted, they are fancy paper weights or planters for most people, I guess.

    Brutus Out
     
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  15. Vaultman

    Vaultman
    Clackamas Co, Oregon
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    Thank you all for the comments.
     
  16. Bandook

    Bandook
    Camas
    New Member

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    A 10inch barrel for ARs is fine in California and can be used to make a featureless single shot AR pistol with a fixed magazine(via the 80% lower route). This does not need a middleman.

    If they are looking for a middleman for this barrel, then the person is up to no good (spelled f-e-l-o-n-y). Just walk away.
     
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  17. Vaultman

    Vaultman
    Clackamas Co, Oregon
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    Thank you Bandook. I am not that middleman.
     
  18. caarecengi

    caarecengi
    Hoodsport
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    It could be a benign transaction. I've shopped on gunbroker.com and some sellers won't ship anything to CA, regardless of legality.
    But Vaultman didn't clarify. Thankfully, I don't have that problem anymore - I just ship to the FFL in Shelton County
     

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