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 finished and used. While possessing an unfinished 80% lower receiver might be legal under certain circumstances, completing it into a functional firearm without proper licensing and registration is strictly prohibited.
This guide will delve into the specifics, clarifying the legal landscape surrounding 80% lowers in California and helping you understand the potential risks involved.
What is an 80% Lower Receiver?
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 already completed. It lacks crucial components and requires significant further work – often involving specialized tools and expertise – to become a functional firearm lower receiver.
California's Laws Regarding 80% Lower Receivers
California has some of the strictest gun control laws in the nation. The state's legal framework concerning 80% lowers is built upon existing laws governing the manufacture, assembly, and possession of firearms. Key considerations include:
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Assembly and Completion: The act of completing an 80% lower receiver into a functional firearm is considered manufacturing a firearm under California law. Manufacturing firearms without a license from the California Department of Justice (DOJ) is illegal and carries severe penalties.
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Possession: Possessing an unfinished 80% lower receiver might not be explicitly illegal in itself, but it becomes problematic if it's intended for eventual completion into a firearm without the necessary licenses. Intent plays a crucial role in enforcement. Law enforcement might consider the presence of tools or other materials associated with firearm completion as evidence of intent.
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"Ghost Guns": California specifically targets "ghost guns," which are homemade or self-assembled firearms that lack serial numbers and are not registered with the state. Completed 80% lowers that are not registered become ghost guns, subject to the same legal ramifications as other unregistered firearms.
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Specific Legislation: California law is constantly evolving. Stay informed about any updates to relevant legislation concerning firearm manufacturing, assembly, and possession. Consulting legal counsel specializing in California gun laws is highly recommended.
The Risks of Owning or Completing 80% Lower Receivers in California
Even if you believe you are operating within the letter of the law, owning or completing 80% lowers in California carries significant risks:
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Criminal Charges: Facing felony charges for illegal firearm manufacturing or possession. Penalties can include hefty fines, imprisonment, and a permanent criminal record.
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Confiscation: Law enforcement seizing any unfinished or completed 80% lowers, along with any associated tools or materials.
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Civil Penalties: Potential lawsuits from individuals or organizations harmed by a firearm assembled from an 80% lower receiver.
Staying Informed and Compliant
Navigating California's gun laws requires diligence and a thorough understanding of the complexities involved. Always err on the side of caution and consult with legal experts specializing in California firearms regulations to ensure compliance. The legal landscape is constantly shifting, and remaining informed is crucial.
Disclaimer: This information is intended for educational purposes only and does not constitute legal advice. Always consult with a qualified legal professional for advice tailored to your specific circumstances. The author and publisher assume no responsibility for any actions taken based on this information.
