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  #1  
Old 04-09-2013, 6:39 PM
damjo damjo is offline
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Default Can this be done as a Pistol ?

http://www.lonewolfdist.com/Detail.aspx?PROD=285845

I have a customer that wants to order this and DROS as a pistol, Thoughts?

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Old 04-09-2013, 6:48 PM
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(Note, not an FFL, did work at one for awhile.)

Can't be done. That lower has a stock attached to it and will always be a rifle in the eyes of the law (unless the proper NFA forms are completed.)

You also have the safe handgun list issue to deal with.

From its "birth" a lower must be designated as a pistol, that is why building up from an 80% is usually the simplest route.
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Old 04-09-2013, 6:59 PM
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Not a FFL. However, IIRC the ATF has actually opined that a stock on a lower that has never had an upper on it is not yet a rifle and can be legally built as a pistol after removing the stock.
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Old 04-10-2013, 10:43 AM
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What he said. It is other until it is made into either a handgun or a long gun. If it is made into a long gun, it can not be made into a handgun. If it is made into a handgun, it can still be made into a long gun.

Ask the BATF about it.

The problem with submitting the DROS as a pistol is that the person has to be exempt since it is not on the certified list. I was told that submitting the DROS as a long gun does not taint the firearm as being a long gun, but then there is the question of how to submit the information to CA that it is now a handgun.
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Old 04-10-2013, 12:08 PM
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So, Basically I DROS it like any other lower receiver and it's up to the owner to determine the final configuration after the sale.
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Old 04-10-2013, 12:22 PM
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Quote:
Originally Posted by damjo View Post
So, Basically I DROS it like any other lower receiver and it's up to the owner to determine the final configuration after the sale.
That is one way to deal with it. The problem comes in if the person submits the paperwork to "register" a handgun showing that the firearm came from you, there might be some questions. Hard to say. If the person does not send in the paperwork, they might have an issue explaining where they got it from (it is best to not say anything, but some people don't follow that advice).

You can't submit it as a handgun DROS unless the person is exempt since the firearm does not qualify for any of the exemptions as it is not really a single shot even though it does not have a barrel.
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Old 04-10-2013, 12:58 PM
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Thanks. That helps.
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Old 04-11-2013, 6:55 AM
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Quote:
Originally Posted by kemasa View Post
...snip...
I was told that submitting the DROS as a long gun does not taint the firearm as being a long gun, but then there is the question of how to submit the information to CA that it is now a handgun.
Did you ever get this bit in writing? I know previously the thought was that the CFLC process may taint a receiver since most come through as Long Guns and that DROS as Long Gun might taint the receiver, but it sounds like you received information that may no longer be true.. The second point you make remains true still, but do we have any other evidence for the first point? I'm guessing they didn't actually send you a letter did they?
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Old 04-11-2013, 10:16 AM
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Quote:
Originally Posted by ugimports View Post
Did you ever get this bit in writing? I know previously the thought was that the CFLC process may taint a receiver since most come through as Long Guns and that DROS as Long Gun might taint the receiver, but it sounds like you received information that may no longer be true.. The second point you make remains true still, but do we have any other evidence for the first point? I'm guessing they didn't actually send you a letter did they?
It might have been in email, but remember the CFLC and the DROS are CA, not Federal and add to that there is no serial number for the CFLC or the DROS for a long gun, plus CA has no concept of "other". The restrictions are Federal. The Feds don't know or care about CA issues.
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Old 04-12-2013, 5:58 AM
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Quote:
Originally Posted by kemasa View Post
It might have been in email, but remember the CFLC and the DROS are CA, not Federal and add to that there is no serial number for the CFLC or the DROS for a long gun, plus CA has no concept of "other". The restrictions are Federal. The Feds don't know or care about CA issues.
I was told the same thing by an ATF&E Field Supervisor at SHOT 2011 (I think). I was with Jack (ke6guj) when I asked the question. Since then, he has written an opinion letter to the ATF and received a reply in writting which supports this. I know he has posted the letter here in the past.

Also, I am not a FFL or a lawyer but, I know of no requirement to register a firearm as a handgun in CA except when it is transfered. So, it is my belief that if a lower is not transfered as a handgun (because it isn't one at the time of transfer) and then, legally built into one( this is still unclear per CA law), it would not legally be required to be registered until it is transfered to a new owner. Of course, my arguement is purely acedemic. While I do feel that this is legal, I also believe that there are 58 DAs out there who are just waiting to ruin someone's life if this is tried. I'm not attempting this at this time because, I don't have an extra $100,000 and months to spend locked up while being proved correct.
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Last edited by CSACANNONEER; 04-12-2013 at 6:05 AM..
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  #11  
Old 04-23-2013, 10:39 PM
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Can the FFL remove the stock, have the customer bring in or have the FFL add a short barrel (pistol) upper and DROS it as a single shot exemption with a sled (mag block) with BB? Or would an 07 need to manufacture the whole pistol with their parts and DROS as an SSE?
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