Are 80% Lower Receivers Illegal in California? A Comprehensive Guide
The legality of 80% lower receivers in California is a complex and often misunderstood topic. The short answer is: it's complicated, and largely depends on how the receiver is subsequently modified and used. While possessing an unfinished 80% lower receiver might not be explicitly illegal in all cases, the process of completing it and the final product can easily cross legal boundaries.
This guide will delve into the intricacies of California law regarding 80% lowers, clarifying the legal gray areas and highlighting potential pitfalls.
Understanding 80% Lower Receivers
An 80% lower receiver is a partially machined block of metal that constitutes the lower receiver of a firearm. The "80%" refers to the percentage of machining that remains before it becomes a functional firearm receiver. These unfinished receivers are often sold as kits and require further milling and modification to become a complete firearm lower.
California's Gun Laws and 80% Lowers
California has some of the strictest gun control laws in the nation. These laws aim to regulate the manufacture, sale, possession, and use of firearms, including those constructed from 80% lowers. The key legal issues center on:
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Definition of a "Firearm": California law defines a "firearm" broadly. The crucial point is when an 80% lower receiver crosses the line from an unfinished part to a functional firearm component. This often hinges on the completion of the receiver's critical components, such as the fire control group housing and trigger mechanism. Once these are complete, the unfinished receiver is legally transformed into a firearm under California law.
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Assembly and Manufacturing: Assembling a complete firearm from an 80% lower receiver is regulated. In California, manufacturing firearms generally requires a license from the California Department of Justice (DOJ). This includes building a firearm from an 80% lower receiver, even if purchasing the unfinished receiver itself is not explicitly illegal. Failing to obtain the proper licenses when manufacturing can lead to significant legal penalties.
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Serialization and Registration: All firearms in California must be serialized (have a unique identifying number). Completed firearms assembled from 80% lowers must be serialized and registered with the California DOJ, unless exempt under specific provisions. This is a crucial step to ensure compliance. Failure to serialize and register a completed firearm, regardless of its origins, is a serious offense.
Potential Legal Consequences
Individuals who possess, assemble, or manufacture firearms from 80% lowers in violation of California law face various potential consequences, including:
- Fines: Substantial monetary penalties.
- Imprisonment: Jail time, depending on the severity of the violation.
- Felony Charges: In some cases, particularly with repeated offenses or aggravating factors, felony charges can be filed.
- Loss of Gun Ownership Rights: Permanent or temporary revocation of the ability to legally own firearms.
What to Do
Navigating California's gun laws requires careful consideration. Before purchasing or working with an 80% lower receiver, it is strongly recommended to:
- Consult with Legal Counsel: An attorney specializing in California gun law can provide tailored advice based on your specific circumstances.
- Thoroughly Research California's Gun Laws: Staying informed about current regulations and updates is crucial to ensure compliance.
- Understand the Implications: Fully grasp the legal ramifications of assembling a firearm from an 80% lower receiver in California before proceeding.
Disclaimer: This information is intended for educational purposes only and should not be construed as legal advice. Always consult with a qualified legal professional for advice concerning specific legal situations. The information provided here is based on current understanding of California law, but laws are subject to change. It is the reader's responsibility to ensure compliance with all applicable laws.
