What is a Lower Receiver?
The lower receiver is perhaps the most essential component of a firearm. The purpose of the lower receiver is to house the trigger, magazine well, and the buffer housing. When a firearm utilizes the modern sporting rifle platform , the lower receiver is where the sear is housed into the trigger assembly. A sear is a hook or projection on the trigger mechanism of a rifle or gun that holds back the hammer and releases it to fire the weapon. Any assembly that utilizes the modern sporting rifle platform must include the lower receiver in order for anyone to assemble or build a firearm legally.
Gun Laws on Lower Receivers in CA
In California, a "lower receiver" is the part of an AR-15 (or AR-10) that is legally considered a firearm. This plays out to be somewhat of a good thing for gun owners in California.
Lower Receivers as Firearms
The key defining quality of a lower receiver is that it holds materials or parts needed for a gun to fire. A lower receiver can be purchased online and delivered to one’s house. For example, here is a link to a reputable dealer in lower receivers, Dynamic Tactical Exemptions. Just like any other gun-related purchase, the buyer must be 21 or older and must wait 10 days to pick up the purchased lower receiver from an FFL gun dealer (a federal firearms licensee). Failing to follow this guidance will result in a legal headache. Once the firing components of an AR-15 are attached to its lower receiver, it becomes a firearm, illegal to obtain without a permit or other approval from the DOJ. In addition, California prohibits individuals from selling or giving away any personal firearm without first going through the process of registering that firearm with the DOJ.
California Vehicle Identification Numbers
To make sure that you don’t run afoul of California’s laws on lower receivers, make sure you know this detail. Every California AR-15 lower receiver is required to have a California vehicle identification number (VIN) permanently etched into the receiver. (Note: This also applies to lower receivers in semi-automatic rifles listed on the DOJ’s list of approved assault weapons.) The same rule applies if you buy a lower receiver and then plan to build an assault rifle around the lower receiver. Keep in mind that this requirement only applies to lower receivers that are not already considered firearms and registered with the DOJ, such as those available by online dealers. If the lower receiver is registered with the DOJ, it does not need a distinct VIN number.
Features of California Legal Lower Receivers
A lower receiver that meets California’s requirements will have certain features that distinguish it from its non-compliant counterparts. Bullet buttons, for example, are a particularly well known accessory for semi-automatic rifles that make it difficult to remove a magazine. In short, a bullet button is a set of screws and a wrench that, when installed on the rifle, block the magazine release button in such a way that the magazine cannot easily be removed. The bullet button will also include a tool for removing the magazine that is similar to a screw driver with a large knob on the end that restricts how far the tool can be inserted into the magazine well. The magazine well with its bullet button in place, therefore, resembles an empty magazine more than anything else. Many low profile compliant rifles are equipped with a bullet button and may be custom noted or come from the manufacturer that way.
A fixed magazine is another popular modification that distinguishes California compliant rifles and handguns. A fixed magazine is a magazine that is permanently affixed to the rifle or handgun which can only accept a fixed number of rounds – and the permitted capacity differs from center fire to rim-fire firearms. However, regardless of the number of rounds that can be held by a fixed magazine, the main attribute that makes that magazine acceptable under California law is the fact that it cannot be removed without employing tools. On the other hand, detachable magazines are prohibited in California, meaning that if the magazine can be released by a mere push of a button, then that magazine must be fixed to the firearm in such a way that a tool must be used to access the magazine.
The appearance of a compliant rifle or handgun will most likely be to distinguish it from non-compliant firearms. While the options are limitless, California compliant firearms commonly have muzzle brakes or "compensators" that simply obscure the muzzle of the barrel and do not perform any of the functions of a flash suppressor or a muzzle brake. Compliant firearms will have fixed stocks that are either one-piece or blocked in such a way that the stock cannot be adjusted. Finally, in the case of a semi-automatic rifle which is subject to the bullet button, the pistol grip will be pinned or otherwise modified to prevent the full range of motion required to access the magazine release mechanism.
Buying California Legal Lower Receivers
As of January 1, 2014, anyone who purchases a stripped lower receiver (or firearm frame) must pass a background check. This process has been in place since 1/1/2013 for all complete firearms. Californians are permitted to purchase one firearm in a 30-day period. If a complete Firearm is purchased as a private transfer, the buyer will need to obtain a Firearm Eligibility Check Certificate (FEPC). Background check fees apply (see fees) and purchasers cannot have an outstanding restraining order against them. The California Department of Justice (DOJ) has released a Safety Notice concerning the purchase of firearms through the internet. Firearms dealers may have in-house procedures to sell to California residents, but some out-of-state dealers, who are not familiar with State requirements, send firearms directly to California residents. No dealer may sell, deliver, or give possession of a firearm to you unless you are a California resident (i.e. resident of the State of California). The Supreme Court of California has ruled that it is illegal to import firearms into California for personal use without a valid gun store license. California law requires that, if you are not a federally licensed firearms dealer, you must have any firearm you buy outside of California delivered to a California dealer who is a federally licensed firearms dealer. The California dealer must then perform a background check of you and then allow you to complete the sale under your signed custody and control of the firearm form or form 4473. In the case that the firearm in question cannot be transferred to you , the firearm dealer must return the firearm to the original sending dealer. The California DOJ provides the following resources: California Dealer Referral List (Dec 2013) – A list of all the firearms dealers in California who have actively registered with the Department for the purpose of receiving firearms from out-of-state purchasers. Firearms Identification System (FIRS) – Firearms Identification System is an electronic media database that allows a member of the firearms industry to access approximately 700 images of commonly owned firearms, handguns, rifles, rimfire rifles, shotguns, and associated handgun parts in order to determine if a specific weapon is illegal in California.
The key steps to purchasing a lower receiver in California are as follows:
- Select and/or locate a "California Compliant" lower receiver (meaning one that is not prohibited or illegal to possess under California law). Guns, ammunition, and firearms accessories can be legal (or illegal) in California, so please research, research, and research some more to avoid any confusion.
- Confirm the seller of the lower receiver is registered with the California Department of Justice (DOJ) as an "Internet Firearms vendor".
- Once the lower receiver has been successfully purchased or ordered online, confirm the seller will deliver the purchased lower receiver to an in-state licensee.
- After the lower receiver has reached the in-state licensee, the receiver will then need to be registered during the standard Back Ground Check / Firearm Eligibility procedure.
- Once the lower receiver has been successfully registered with the California DOJ and has passed a background check, the lower receiver will be delivered to you through the standard procedure in California.
Brands that make CA Legal Versions
A number of reputable brands produce or offer California legal lower receivers. One advantage is that, in most cases, these companies are well known in the industry for producing high quality products. So, if you’re considering an AR-15 style rifle likely to be at least partially made from a California legal lower receiver, you may want to find out about the following brands.
Milled / Cast Aluminum Receivers
For milled or cast aluminum, CMMG, Noveske and Spike’s Tactical are probably the most popular offerings. CMMG has their Mk4 line of milled lowers and Noveske has their Gen1 and Gen2 lines along with a special Monster line in Calif. legal lowers. Spike’s Tactical has a number of lower receivers that are specifically listed as California compliant. As you might expect, the cost of these lower receivers can vary quite a bit. Some, like Noveske’s Billett Billet upper and lower receiver set, go for about $1000 just by themselves. Other lowers from Spike’s Tactical or CMMG are much less and in the $200 – $400 range. However, it’s important to note that this is only for the lower receivers and does not include the cost of the upper or other parts that are typically not included.
Polymer Lowers
Polymer lowers that are specifically below the 80% mark, like those produced by Polymer80 and 80% Arms, are probably the easiest way to build your own rifle. They come with everything you’ll need to finish the lower receiver and they have very affordable prices ranging from about $50 to $150 for the kit. Some manufacturers even allow you to purchase custom options like color or engraving so you can personalize it a bit. Other popular brands for polymer receivers include Palmetto State Armory, Anderson Manufacturing and 80% Arms. Some people prefer Anderson Manufacturing as their lower receiver provider, however, the November 2013 series that went out comes with a warning about "soft spots." These lowers failed during testing and had to be recalled. However, in July 2014, Anderson Manufacturing assured their customers that they have not had any more problems with new production runs, so it’s difficult to say whether these are ok or not. 80% Arms has a great reputation within the industry and produces high quality, durable lowers that come with a variety of custom options at a reasonable price.
Upcoming Changes
Given California’s current political climate, it is very likely that we will see further legislative changes in 2021 and 2022 that will impose even more restrictions on lower receivers. Already the legislature has added new language in the Penal Code that will allow DAs to arrest individuals for prohibited possession of firearms prior to their conviction of such a crime. This will make it easier to try those individuals who are prohibited from possessing firearms on prior felony convictions. This language does bring up an interesting question; since the AG of CA has already made it clear that any firearm that is dangerous must be serialized, it will only be a matter of time before a DA argues that someone who had a ghost gun machine or frame and receiver without a serial number, cannot posses any firearm at all.
It is also likely that we will see new language in the Family Code which will expand the ability of ex-spouses to demand the turn-over of guns and possessors of ammunition. The bill as it was originally drafted would have given law enforcement the ability to seize firearms or ammunition owned by someone with a temporary restraining order against them . That bill, AB 1084, did not pass out of committee but there is still a possibility that a similar bill could be offered up in the next legislative session.
Another possibility is that the legislature may try to ban all ghost guns outright without enacting any grandfather clause. That is unlikely to pass as it would render large swaths of gun owners of California felons overnight for merely having lower receivers in their possession. Moreover, what if you have parts for a lower receiver that you did not know you possessed? Without a grandfather clause it is clear that large amounts of lower receivers would instantly be illegal and any law enforcement officer could arrest you and proffer charges of being in possession of illegal weapons.
Whatever the future holds, it is important to understand that all CA laws that do not have a grandfather clause are automatically self-executing the first day of the new law. In other words, they go into effect and must be followed on whatever the future day of their enactment is. Because the legislature here in CA operates for every two years in terms of its law-making, we may not have too long to wait before the new laws are proposed and floated for votes in the legislature.