80% upper recievers? A theoretical discussion of legality

[r_lahaise]

Like a Napa oil filter? Pretty soon the libs will ban them since they can be repurposed into a suppressor.

 

[Juster]

Legally, a roll of plastic filament is a firearm. And a GAT trigger. And a suppressor. And a shoulder thing that goes up.

 

[Humblepie]

I'll attempt to steer this thread back on track haha. From my understanding:
- A functional AR-15 upper receiver is a prohibited device. The RCMP will charge you, and a judge will find you guilty of possession etc.
- An incomplete AR-15 receiver may be a prohibited device. The RCMP will charge you, and a judge may find you guilty of possession.

The laws with regards to firearms are vague (either out of malice or incompetence) and the grey areas are made black&white by a judge's decision and then becomes case law etc. The biggest problem is that the vast majority of judges have no knowledge on the intricacies of firearms and rely on the RCMP "experts" thus making the RCMP defacto judge. Things get even more interesting when the RCMP influence politicians to prohibit certain firearms by law, thus making them in control of all 3 branches of government.....

The AR-15 uppers were only recently made prohibited. It would be acceptable for someone to have made an upper for their lower. Provided they have an RPAL. It would just now be considered a prohibited item. If they wanted to charge you, they would have to orove it was made post 01 May 20.

 

[Humblepie]

Thats what 40 years of liberal social engineering gets you. No one will ever go to jail over possession of an inanimate piece of aluminum, even if its a 100% receiver. There would have to be some other act of criminality in the story for you to get a custodial sentence, and even then thats a 1:1000 odds against scenario.


This is confusing. You most certainly can make a prohibited device. Just unpin a magazine. Surprisingly, while the act of manufacturing a prohibited device without authority is illegal, modifying a lawful device to become a prohibited device is not. Converting a firearm to a full auto is a criminal offence separate from possession of the full auto, but the same does not appear to be true for prohib devices. Manufacturing a prohibited magazine would be illegal, but converting a legal magazine to a prohibited device does not appear to be an offence.

The weird thing about this 80% nonsense is that you start with a legal item, a block of aluminum, and at some point you pass through the 80% stage and are in possession of prohibited device which is unlawful to make, and if you keep going to 100% you have made a firearm receiver which is deemed restricted and lawful to own. If you stop to pee, eat a sandwich, answer the phone or check the time while passing through that 80% stage you are a criminal. While that 80% item is prohibited and illegal to own because of the risk it poses to the public, it is practically useless. But if you finish it into a receiver and then a firearm that shoots actual bullets capable of killing humans, its considered safe and legal to own. Thats literally how stupid the RCMP are and how stupid the government is that supports them. But bad laws can only possibly result in bad interpretations.



What the police and crown do is they arrest and charge, and then offer to drop all charges if you voluntarily forfeit the item. Every defense lawyer on earth will beg you to take that deal. The item is never worth the cost of defending the charges, and this is why years later the issue has still never been in front of a judge.

Yet, as an RPAL licensed person, you could make an AR lower. Prior to 01 May 20, of course. You would have to register it. You could never sell it.

This 80% lower to buy thing was deemed illegal, not you as the license holder making your own from base materials.