Can I Buy a 10.5-Inch Upper in California? Navigating California's Gun Laws
The question of whether you can buy a 10.5-inch upper in California is complex and depends on several factors. California has some of the strictest gun laws in the nation, and understanding these regulations is crucial before attempting any purchase. This isn't legal advice, and you should always consult with a qualified California firearms attorney before making any decisions.
Understanding California's "Assault Weapon" Laws:
The key factor determining the legality of a 10.5-inch upper in California revolves around whether it's considered an "assault weapon" under California law. California's definition of "assault weapon" is broad and includes features like:
- Short barrel length: This is particularly relevant to your question. Uppers with barrels under a certain length are often classified as assault weapons.
- Specific firearm features: These can include pistol grips, flash suppressors, and certain types of stocks.
A 10.5-inch upper, by itself, isn't inherently legal or illegal. Its legality depends entirely on whether the complete assembled firearm – the upper receiver combined with a lower receiver and other components – meets California's definition of an assault weapon.
Key Considerations:
- The Entire Firearm: The legality hinges on the entire assembled firearm, not just the upper receiver. Even if the upper itself is compliant, the lower receiver and other components could render the assembled weapon illegal.
- Registered Assault Weapons: If you already own an assault weapon that was legally registered before the relevant laws changed, that weapon may still be legal to possess. However, modifying it might change its legal status.
- "Featureless" Builds: California allows for the building of "featureless" AR-15 style rifles that lack the features that define an assault weapon. This might involve modifying the lower receiver to remove features like pistol grips or using specific types of stocks. However, the barrel length still plays a role. A 10.5-inch barrel on a featureless build might still fall under the definition of an assault weapon.
- Other Restrictions: California has other restrictions beyond assault weapon laws that could impact the legality of purchasing a 10.5-inch upper. These include restrictions on magazine capacity, waiting periods, and background checks.
Where to Find Accurate Information:
Navigating California's gun laws is challenging. To get the most up-to-date and accurate information, it's recommended to:
- Consult a California firearms attorney: They are best equipped to advise you based on your specific circumstances.
- Check the California Department of Justice website: This site contains the official text of California's gun laws. However, interpreting these laws can be complex, hence the need for legal counsel.
- Contact your local law enforcement agency: While they might not provide legal advice, they can offer insights into local interpretations and enforcement practices.
Disclaimer: This information is for educational purposes only and is not legal advice. The laws regarding firearms in California are complex and subject to change. Always consult with a qualified legal professional before purchasing or assembling any firearm in California.
