Understanding the Basics: What is an 80 Percent Lower?
The hum of the workshop, the smell of metal and oil, and the quiet satisfaction of creating something with your own hands – this is the allure of building a firearm. The rise of 80 percent lowers has given enthusiasts a path toward this pursuit, offering the opportunity to assemble a firearm at home. But in the Golden State, where gun laws are famously strict, the question looms: Are 80 percent lowers illegal in California? Navigating this legal landscape requires careful consideration and a thorough understanding of state regulations. This article aims to illuminate the complexities surrounding 80 percent lowers in California, providing clarity and context for those interested in this area. However, it is crucial to remember that this information should *not* be considered legal advice. Consulting with a qualified attorney is strongly recommended for guidance specific to your situation.
An 80 percent lower is, in its simplest form, an unfinished receiver. The receiver is the core component of a firearm, housing the internal mechanisms necessary for the weapon to function. When a receiver is sold as an 80 percent lower, it is typically incomplete, requiring further machining and finishing to become a functional firearm. Crucially, these unfinished receivers are often not considered firearms under federal law, provided they are not completed and do not constitute a complete frame or receiver as defined by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This distinction allows them to be purchased and often sold without the same restrictions as complete firearms.
The appeal of the 80 percent lower lies in the ability to build a firearm while potentially bypassing certain regulations associated with purchasing complete firearms, such as background checks at the point of sale. Enthusiasts see this as a way to express their Second Amendment rights, to learn more about the mechanics of firearms, and to customize their firearms to their specific preferences. It also allows individuals to build firearms that may not otherwise be available for purchase in California, such as certain configurations or cosmetic features.
The Broader Legal Landscape: General Rules for Firearms
Before diving into California’s specific regulations, it’s helpful to understand the general legal framework governing firearms. Federal law, primarily enforced by the ATF, defines what constitutes a “firearm.” This definition includes any weapon that is designed to, or may readily be converted to, expel a projectile by the action of an explosive. This definition is complex and is interpreted by the ATF.
Furthermore, the law places restrictions on the manufacture, sale, and possession of firearms. Typically, when purchasing a complete firearm from a licensed dealer, the buyer must undergo a background check, and the firearm must be registered with the appropriate authorities. The legal framework surrounding firearms is built upon a complex interplay of federal and state laws, evolving case law, and regulations.
Generally speaking, purchasing an 80 percent lower itself is often permissible under federal law. However, building a functional firearm from it triggers a host of regulations. These regulations vary considerably from state to state. Some states may have few or no restrictions, while others, like California, have implemented strict rules that must be followed to remain within the bounds of the law. The construction of a firearm from an 80 percent lower is generally considered to be the manufacturing of a firearm, and therefore is subject to all manufacturing laws.
California’s Stance: A Deep Dive into State Laws
California has some of the most restrictive gun control laws in the United States. The state’s regulations are designed to reduce gun violence by closely controlling the sale, possession, and use of firearms. When it comes to 80 percent lowers, California’s laws are particularly complex and require careful attention to detail. Therefore, addressing the question, “Are 80 percent lowers illegal in California?” necessitates a nuanced understanding of the pertinent regulations.
California law places a strong emphasis on the registration and serialization of firearms. The core concept is this: if you build or make a firearm in California, it needs a serial number. You also must register it with the California Department of Justice (DOJ).
What Defines a Firearm in California?
California’s definition of a “firearm” is generally consistent with federal law but often has additional nuances. For example, California law often includes specific components and features which, if present, make it illegal to possess a firearm.
The Role of Serial Numbers
The California Penal Code mandates that all firearms manufactured or assembled within the state must have a unique serial number. This serial number is essential for tracing the firearm and ensuring compliance with the state’s registration requirements.
Registering Your Firearm
Once a firearm is assembled from an 80 percent lower in California, it *must* be registered with the California DOJ. This registration process involves submitting specific information, including the serial number, the make and model of the firearm (or “other” if you made it yourself), and the owner’s personal details. The DOJ then performs a background check to ensure the owner is legally eligible to possess firearms. The registration process is crucial to ensure compliance with state laws.
Penalties for Non-Compliance
Failure to comply with California’s firearms laws, including the registration and serialization requirements, can result in serious consequences. These penalties can include fines, confiscation of the firearm, and even imprisonment. It’s important to know the possible charges, which could be felonies depending on what laws are broken.
“Ghost Guns” and the California Response
The term “ghost gun” is often used to describe firearms that lack a serial number and that are, therefore, difficult to trace. California has taken steps to address the proliferation of ghost guns by enacting laws aimed at regulating the sale and possession of 80 percent lowers and ensuring that any firearm built from such a lower is properly serialized and registered. Laws have been enacted to require that all sales of 80 percent lowers must now go through a licensed dealer, just like complete firearms, and that a background check is performed. These laws were created to prevent dangerous individuals from obtaining firearms.
Building Your Own: The Steps You Must Take in California
If you choose to build a firearm from an 80 percent lower in California, understanding and following the legal steps is non-negotiable. This process involves several key actions to remain compliant with state law. Here’s a look at the process:
Serializing the Lower
The first step is to obtain a serial number and engrave it onto the lower receiver. You may be able to have this done professionally or do it yourself. You must comply with all CA-DOJ guidelines.
Registration
Once you have a complete firearm built with the serialized lower, you must register it with the California DOJ. The steps of this process include submitting the required information through the DOJ website or other approved methods.
Background Checks and Waiting Periods
Similar to buying a firearm from a dealer, you’ll be subject to a background check. Be aware of the current waiting periods to receive the firearm.
Magazine Capacity and Feature Restrictions
California has strict limits on magazine capacity and also restricts certain features of firearms. As a result, any firearm built from an 80 percent lower must adhere to these limits and feature restrictions.
Additional Considerations
You’ll need to ensure you are in compliance with all the laws. You must not possess any prohibited items.
Navigating Potential Challenges: Legal Issues and Risks
Building a firearm from an 80 percent lower, even when done with the best intentions, can present several legal challenges. It’s critical to be aware of these potential issues and to take steps to mitigate your risks.
Misunderstanding the Law
The complex nature of California’s gun laws makes it easy to misunderstand the requirements. It is very easy to accidentally break a gun law if you are not familiar with the details.
Penalties for Non-Compliance
Violating California’s firearms laws can lead to serious consequences, including criminal charges.
Evolving Legal Landscape
Gun laws are always subject to change. Courts, legislatures, and government agencies are continuously reshaping the regulations surrounding firearms.
Seek Expert Advice
Gun laws can be difficult to understand and even more difficult to apply. A qualified attorney will keep you up to date and guide you through it.
Conclusion: Addressing the Key Question
So, are 80 percent lowers illegal in California? The simple answer is no – but there’s a crucial caveat. Purchasing and possessing an 80 percent lower in California is generally not illegal. However, building a functional firearm from one *without* complying with California’s stringent serialization and registration requirements is illegal. It is *essential* to be aware of these requirements to avoid serious legal consequences.
Always prioritize full compliance with all relevant laws and regulations. Building a firearm from an 80 percent lower can be a fulfilling pursuit, but it demands meticulous attention to detail and a thorough understanding of California’s legal framework. Ignorance of the law is not a defense.
Important Disclaimer: This article is for informational purposes only and does not constitute legal advice. Gun laws are complex and subject to change. Always consult with a qualified attorney specializing in California firearms law for guidance specific to your situation. This article is not intended to encourage or condone any illegal activity.
