Question My FFL said this is illegal

[chiroken007]

sounds like “crucify him”! In his forum.
It also sounds like he didn’t have possession of the pistol lower prior to the 7.5 so maybe the FFL did him a favor????

Regardless it seems like a slightly exaggerated response from the FFL.

 

[Gawernator]

Call us Judeo because it’s crucifying time!

 

[grandpapeepap]

sounds like “crucify him”! In his forum.
It also sounds like he didn’t have possession of the pistol lower prior to the 7.5 so maybe the FFL did him a favor????

Regardless it seems like a slightly exaggerated response from the FFL.

WE NEED A NAME, get them blacklisted from hopsings

 

[GeeQ87]

 

[hanselR]

Precise Armory in Azusa off Foothill Blvd will try to scare one like this. and they'll try to rip you off saying they were just trying to help

 

[ReaperCustom45]

Technically, if you don't already posess a pistol or SBR lower but you DO posess only rifle lowers, it is indeed illegal to then posess a pistol/SBR barrel because the only thing you can make with the barrel and all the other lowers you have are illegal SBR's.
The charge you get arrested for is called federal constructive possession of an SBR.

That's why you should ALWAYS have a pistol or SBR lower in your possession if you have any other barrels/uppers with barrels under 16" long on them.

That would be more of a California specific thing though, since federally a stripped lower is not a rifle or a pistol until it is built as one. So being in possession of a pistol upper and a stripped lower does not automatically constitute constructive intent. Now if all you have are some AR rifles and a pistol upper, that could be another story. That said, I haven't really seen anyone get arrested for simply owning a pistol upper like that, it's a weak case unless it was actually installed on a rifle lower.

 

[john_marsten_1873]

Is this the same FFL doing the explaining that is doing the DROS on your pistol lower as a rifle lower?
Because if he DROS'ed your pistol lower as a rifle lower, you won't be picking up a pistol lower tomorrow.

This is what I wondering and cringed about

 

[grandpapeepap]

That would be more of a California specific thing though, since federally a stripped lower is not a rifle or a pistol until it is built as one. So being in possession of a pistol upper and a stripped lower does not automatically constitute constructive intent. Now if all you have are some AR rifles and a pistol upper, that could be another story. That said, I haven't really seen anyone get arrested for simply owning a pistol upper like that, it's a weak case unless it was actually installed on a rifle lower.

I only know of one case for constructive intent and i dont know what the final stuff about it was, On August 27, 2009, Jesus Amador, Jr., was arrested by an undercover officer when he sought to sell his Heckler and Koch SP89 pistol. he was selling it with a vertical grip and a stock.

 

[john_marsten_1873]

@ton809 personally, I'd ask that you don't provide FFL name and give them the benefit of the doubt.

Doesn't sound like folks responding to this thread favor constructive criticism. These are small businesses and it's becoming increasingly difficult to start or maintain FFL's in California.

It could've just been some sort of confusion with the law and/or err'ing on the safe side. I'm all for holding people accountable but not destroying reputations of small businesses so easily. Give them a chance to correct or improve.

 

[ton809]

That would be more of a California specific thing though, since federally a stripped lower is not a rifle or a pistol until it is built as one. So being in possession of a pistol upper and a stripped lower does not automatically constitute constructive intent. Now if all you have are some AR rifles and a pistol upper, that could be another story. That said, I haven't really seen anyone get arrested for simply owning a pistol upper like that, it's a weak case unless it was actually installed on a rifle lower.

I have a registered pistol lower but he said it’s illegal and that it’s always going to be a rifle regardless of what the Dros says, he said he can register it as a ps5 that DOJ doesn’t check but it’s illegal

 

[ton809]

I

@ton809 personally, I'd ask that you don't provide FFL name and give them the benefit of the doubt.

Doesn't sound like folks responding to this thread favor constructive criticism. These are small businesses and it's becoming increasingly difficult to start or maintain FFL's in California.

It could've just been some sort of confusion with the law and/or err'ing on the safe side. I'm all for holding people accountable but not destroying reputations of small businesses. Give them a chance to correct or improve.

I agree which is why I have not responded or named anyone (and I never will ) I was really curious on why he was sure it’s illegal.

 

[ton809]

With the laws regarding pistols, im
Honestly just considering selling everything it’s so confusing and I might just build a nice rifle lol

M4 pistol lower
Strike industries quick release gridlock handguard
Strike king compensator
Strike oppresor (mounts over king comp)
Complete FDE upper with 7.5 556 barrel
BCG
Complete LPK
All brand new in box.

Anyone intrested message away

 

[KLAkale]

Damn,
Yeah I’m coming across a lot of places that are either scared of the laws or simply don’t know the laws.
And each county is different, hell tbh each store in the same county is different. Fairfield FFL no mags needed etc 25-30miles Walnut Creek omg noo you can’t do that…that’s illegal

 

[2muchsoysauce4allthisrice]

I do have a pistol lower for pickup tomorrow it just sucked and got me thinking he said was so 100% sure it was illegal(my upper and my pistol Dros)

Tell the ffl who you are picking up the pistol lower from and ask if they will accept it if the fudd ffl will send it to them. Either way I would just go to a different ffl if that ffl isn’t understanding. Was it one of the newer guys at the front counter or was this the owner who said no too?

 

[ton809]

The pistol lower FFL is not the issue, it’s a different FFL who I got my barrel delivered too

Pistol lower FFL # is great

Barrel FFL #2 - left me with a bad experience

 

[KLAkale]

Best bet, return the upper since clearly they won’t release it and possible send it to another FFL. Or simply return it pay the restock fee and look somewhere else cough cough R..o

 

[ton809]

Best bet, return the upper sense clearly they won’t release it and possible send it to another FFL. Or simply return it pay the restock fee and look somewhere else cough cough R..o

I have all the parts in my possession

 

[ReaperCustom45]

I have a registered pistol lower but he said it’s illegal and that it’s always going to be a rifle regardless of what the Dros says, he said he can register it as a ps5 that DOJ doesn’t check but it’s illegal

He would be incorrect on all fronts there. DOJ does check what it is registered as (if for whatever reason they are looking into your firearm), and it is in no way illegal. He is basically saying the only legal way of owning an AR pistol in the state is with the Franklin CA7, which is blatantly false. What you're doing is perfectly legal, it is perfectly legal to buy a pistol upper whether you own a registered pistol lower or not, and since you are getting a registered pistol lower, you absolutely can build an AR pistol here as long as you follow the rules surrounding it. This sounds like one of the many FFLs here that unfortunately give out bad info and are making things unnecessarily difficult for law abiding gun owners for no reason other than their own ignorance.

I'd just try to get the upper sent to a different FFL in the area that isn't so handicapped. Don't let one idiot kill your enthusiasm

 

[john_marsten_1873]

I agree which is why I have not responded or named anyone (and I never will ) I was really curious on why he was sure it’s illegal.

In my opinion, that says a lot of good stuff about you that you've held off.

I'd be pissed about such a situation but I commend your restraint here and focusing on getting clarification. That's far more constructive for us all if one of us runs into this.

This is California/ATF bull putting them in this position.

 

[2muchsoysauce4allthisrice]

He said even maglocked with brace etc is Ilegal and that the only legal way to have a pistol is Ca7.

He said the doj is now going to know I have a 7.5 barrel and that they can come to my house and ask to see it.

He made me feel bad about building my lower now lol

Response to them? How about maglocked without a pistol brace; just a pistol cheek buffer tube? If he is thinking of acquiring a ar pistol through the roster, the CA7 is one of the options; but that also has a 7.5 inch barrel too; so what’s the problem?

You know this reminds me of a range that say no rifle calibers except on their 100 yard range, but no AR pistols on their 100 yard line because they say people with pistol cheek buffer tubes can’t control it. When I asked what about with a pistol brace; they called it an SBR. I respond, your SOP say nothing about no ak pistols, which means it’s allowed; they said no that’s not allowed either when their SOP’s doesn’t state that. I respond, you’re SOP doesn’t say anything about no mares leg either; they went ahead and called that an SBR too.