The legality of 80% lower receivers in California is a complex and frequently misunderstood topic. The short answer is: it's complicated and largely depends on how the receiver is ultimately assembled and used. While possessing an unfinished 80% lower receiver might not be explicitly illegal in all cases, completing it to create a functional firearm without proper licensing and registration is strictly prohibited.
This guide will break down the intricacies of California law regarding 80% lowers, clarifying the legal gray areas and highlighting the potential penalties for non-compliance.
Understanding 80% Lower Receivers
An 80% lower receiver is an unfinished firearm part that lacks the critical components necessary to function as a firearm. It requires significant modification and machining to become a complete lower receiver, which is the main body of a firearm that houses the trigger and other essential components. The "80%" refers to the percentage of manufacturing that remains to be completed before it becomes a functional firearm.
California Law and 80% Lowers: The Key Considerations
California has some of the strictest gun control laws in the nation. While the state doesn't explicitly ban the possession of 80% lowers in all cases, the crucial point is the completion and subsequent registration of the finished firearm. This is where legal complications arise.
Key Legal Aspects:
- Assembly and Registration: California law requires all firearms, including those built from 80% lowers, to be registered with the state. Failing to register a completed firearm built from an 80% lower is a serious offense. The process involves background checks and adherence to all relevant state regulations.
- Definition of a Firearm: California's definition of a firearm is broad, encompassing almost any device designed to propel a projectile. Once an 80% lower is modified to become a functional firearm, it falls under this definition and is subject to all applicable laws.
- Intent: While the possession of an unfinished 80% lower might not lead to immediate legal action, the intent to assemble it into a functional, unregistered firearm is a critical factor. Prosecutors could argue intent based on accompanying tools, materials, or other evidence.
- "Ghost Guns": The term "ghost gun" commonly refers to firearms built from 80% lowers that lack serial numbers and are unregistered. California law actively combats the proliferation of ghost guns, making the assembly and possession of unregistered firearms illegal.
Potential Penalties for Non-Compliance
Violating California's firearms laws concerning 80% lowers can result in severe penalties, including:
- Fines: Substantial financial penalties.
- Imprisonment: Jail time, potentially lengthy sentences depending on the specific violations.
- Felony Charges: Serious felony convictions that can have lasting consequences, affecting employment, travel, and more.
Staying on the Right Side of the Law
To avoid legal issues related to 80% lowers in California:
- Consult with a Legal Expert: Given the complexities of California firearms laws, seeking advice from a qualified attorney specializing in gun law is highly recommended.
- Understand Your Local Ordinances: City and county ordinances might add further restrictions beyond state laws.
- Prioritize Legal Compliance: Always adhere to all relevant state and local laws regarding the possession, assembly, and registration of firearms.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. The laws surrounding 80% lower receivers in California are constantly evolving, so it is crucial to consult with a legal professional for up-to-date guidance. This information should not be considered a substitute for professional legal advice.
