California has some of the strictest gun control laws in the United States. Understanding these laws, particularly concerning "80% lowers," is crucial for anyone interested in firearms ownership in the state. This article will delve into the legality of 80% lower receivers in California, clarifying the regulations and potential consequences of non-compliance.
What is an 80% Lower Receiver?
An 80% lower receiver is an unfinished firearm receiver that lacks the critical components necessary to function as a firearm. It's typically made from a solid block of metal (usually aluminum or polymer) and requires significant machining or milling to become a complete receiver. The "80%" refers to the percentage of manufacturing still required to transform it into a functional part of a firearm.
California's Stance on 80% Lower Receivers
California's legal landscape surrounding 80% lowers is complex and has evolved significantly. While the sale of complete firearms is heavily regulated, the legal status of 80% lowers is less straightforward. The key lies in the definition of a "firearm" under California law.
California Penal Code Section 31000 et seq. broadly defines a firearm. The crucial aspect is that while an 80% lower receiver itself might not meet this definition, the act of completing it to make a functional firearm is subject to strict regulations.
Key Legal Considerations:
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Assembly: The process of completing an 80% lower receiver into a functional firearm is considered the manufacture of a firearm under California law. This means you must comply with all federal and state laws governing firearm manufacturing, including obtaining the necessary licenses and undergoing background checks. Failing to do so can lead to serious legal repercussions.
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Serial Numbers: Completed firearms in California must have serial numbers. This applies to firearms built from 80% lowers, and failure to properly serialize a completed firearm is a serious offense.
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Background Checks: While purchasing an 80% lower receiver may not require a background check, the completion and sale of the finished firearm absolutely does.
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Legal Compliance: The responsibility lies with the individual to ensure they are following all applicable laws at each stage, from acquisition of the 80% lower to the completion and eventual sale or possession of the fully functional firearm.
Penalties for Non-Compliance
Violating California's gun laws regarding 80% lowers can result in significant penalties, including:
- Fines: Substantial monetary fines.
- Imprisonment: Jail time, potentially lengthy sentences depending on the severity of the offense.
- Felony Charges: Depending on the circumstances, charges could be felony offenses with long-term consequences.
- Loss of Gun Rights: Permanent or temporary loss of the right to own firearms.
Conclusion
The legality of 80% lower receivers in California isn't a simple yes or no answer. While purchasing an 80% lower might seem less restricted, completing it into a functional firearm subjects the individual to stringent regulations and potential legal ramifications. It is imperative to thoroughly research and understand all applicable California Penal Codes and regulations before undertaking any activities related to assembling firearms from 80% lowers. Consulting with a legal professional specializing in firearm laws is highly recommended to ensure compliance and avoid potential legal issues. This article is for informational purposes only and does not constitute legal advice. Always consult with qualified legal counsel for guidance on specific legal matters.
