Are Jaco guns California legal?

[Spectre1995]

I am not sure if a Jaco handgun counts as a "zip gun" as per California law, so can someone shed some light regarding these types of firearms, and the laws that pertain to them?

Thanks in advance.

[SkyHawk]

My understanding is it has to be a copy of a firearm produced by a licensed manufacturer (1911, AR15, 10/22 etc) to be legal to build at home in CA, otherwise it is considered a zip gun. Presumably it could be a replica of a real firearm that is no longer produced. I am not sure the 'jaco' type was ever a production firearm. I am sure someone more knowledgeable on the subject than I am can clarify these points.

[Spectre1995]

My understanding is it has to be a copy of a firearm produced by a licensed manufacturer (1911, AR15, 10/22 etc) to be legal to build at home in CA, otherwise it is considered a zip gun. Presumably it could be a replica of a real firearm that is no longer produced. I am not sure the 'jaco' type was ever a production firearm. I am sure someone more knowledgeable on the subject than I am can clarify these points.

I've been hearing of a company called Jaco Designs... not sure if they were ever a licensed manufacturer though

[Quiet]

Any handgun built in CA needs to comply with all CA laws (unsafe handgun, assault weapons, dangerous weapons, etc).

[Spectre1995]

Any handgun built in CA needs to comply with all CA laws (unsafe handgun, assault weapons, dangerous weapons, etc).

So it would make it illegal, because it's not on the "Safe Handgun Roster"... correct? Unless it's home built and not sold?

[Quiet]

So it would make it illegal, because it's not on the "Safe Handgun Roster"... correct? Unless it's home built and not sold?

Because of CA unsafe handgun laws...
Unless you are planning on getting the handgun listed on the Roster of Handguns Certified for Sale, the handgun needs to be built as a dimensionally compliant single-action revolver or as a dimensionanlly compliant single-shot pistol.

[Spectre1995]

Because of CA unsafe handgun laws...
Unless you are planning on getting the handgun listed on the Roster of Handguns Certified for Sale, the handgun needs to be built as a dimensionally compliant single-action revolver or as a dimensionanlly compliant single-shot pistol.

Can you define "dimensionally compliant" please?

And are these guidelines accurate?

http://www.calguns.net/calgunforum/showthread.php?t=441766

[Spectre1995]

I found this, it might help anyone that finds this thread in the future. It has to meet all of the criteria for it to be considered a zip gun. I believe A and B are dis-qualifiers for it to be considered one.

California Penal Code Section 12020

(10) As used in this section, a "zip gun" means any weapon or
device which meets all of the following criteria:
(A) It was not imported as a firearm by an importer licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
(B) It was not originally designed to be a firearm by a
manufacturer licensed pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto.
(C) No tax was paid on the weapon or device nor was an exemption
from paying tax on that weapon or device granted under Section 4181
and Subchapters F (commencing with Section 4216) and G (commencing
with Section 4221) of Chapter 32 of Title 26 of the United States
Code, as amended, and the regulations issued pursuant thereto.
(D) It is made or altered to expel a projectile by the force of an
explosion or other form of combustion.

[SkyHawk]

I found this, it might help anyone that finds this thread in the future. It has to meet all of the criteria for it to be considered a zip gun. I believe A and B are dis-qualifiers for it to be considered one.

California Penal Code Section 12020

(10) As used in this section, a "zip gun" means any weapon or
device which meets all of the following criteria:
(A) It was not imported as a firearm by an importer licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
(B) It was not originally designed to be a firearm by a
manufacturer licensed pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto.
(C) No tax was paid on the weapon or device nor was an exemption
from paying tax on that weapon or device granted under Section 4181
and Subchapters F (commencing with Section 4216) and G (commencing
with Section 4221) of Chapter 32 of Title 26 of the United States
Code, as amended, and the regulations issued pursuant thereto.
(D) It is made or altered to expel a projectile by the force of an
explosion or other form of combustion.

Thanks for the citation. So it seems that unless it was originally designed to be a firearm by a licensed manufacturer, it is considered a zip gun as it would also meet all the other criteria. A home made gun of a design that was never designed by a licensed mfg(B), is a zip gun because it was also never imported by a licensed importer(A), has never had a tax paid(C), and is designed to expel a projectile by combustion(D). It would meet all the criteria.

An AR, 10/22 etc *was* designed by a licensed mfg. That is why those types are legal to make from receiver blanks in CA assuming you make them CA compliant. Same for a 1911, so long as it is on roster (not gonna happen), or is exempt from the roster (dimensionally compliant single shot made prior to 2015 - much more likely). Even though they meet the criteria for A, C and D - they fail the test for B.

So to the OP - roster or safe handgun considerations aside for now, the first question is, was this 'Jaco' design "originally designed to be a firearm by a manufacturer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto."? Whatever that means - that is what you need to know before you build one.

[Spectre1995]

Jaco Designs, I think the company was called, was around in the 70's as far as I know. Or at least, the design was copyrighted in the 1970's. I'm not sure if they're licensed though, I'd have to look it up

[Tincon]

So it would make it illegal, because it's not on the "Safe Handgun Roster"... correct? Unless it's home built and not sold?

There is no "home built" or "not sold" exemption to the unsafe handgun law.

It seems unlikely to me that this gun was "originally designed to be a firearm by a licensed manufacturer."

[Quiet]

And are these guidelines accurate?
http://www.calguns.net/calgunforum/s...d.php?t=441766

Yes.

[Spectre1995]

Yes.

Alright, thanks. So the pamphlet shows Jaco Designs copyrighted its works in 1972, is there any way, based off of that, to find out if they were ever a licensed manufacturer?

[Toxic Shock]

Sorry to post on an old thread, but I have a related question. When I first started doing hobby gunsmithing I built a Jaco Western single shot pistol back in 1983. Is it still legal to have this in California? I wouldn't want to get into legal trouble over a low cost home built 22 single shot. If this pistol is still legal, I'll keep it, but if it isn't, I guess that I'll have to take a cutting torch to it to protect my rights with my other "real" firearms. (I plan to move out of state when I retire in a couple of years, and a Jaco is so simple that if I ever want another one, I can build a new one later) Just the same, I'd rather keep it if I can, just out of principle: I don't like that the state can force me to destroy a firearm, even if its one that was built in a week out of scrap metal and old screws. (But I don't want to get branded as a felon over it either)