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Old July 3rd, 2009
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Default Re: What to do with PSP registered ar-15 lower?

Quote:
Originally Posted by GunLawyer001 View Post
I should probably just cut & paste these every time, but the short story is this: Legally, there are handguns. And there are rifles & shotguns. And there are stripped, virgin receivers, which are neither handguns, rifles, nor shotguns.

Some of the laws that FFL's labor under apply to "handguns", and some apply to "all firearms except rifles or shotguns". Your stripped, virgin receiver is a firearm, but it's not a rifle or shotgun under the law, so that means that IF you have to fill out a form for any firearm "other than a rifle or shotgun", then you have to fill it out for a stripped, virgin receiver. Just because you fill out a particular form for all pistols, doesn't mean that you're "registering" your receiver as a pistol when you fill out that form. I use a credit card to buy gas; if I use it to buy milk, that doesn't turn the milk into gas, I just happened to use the same card for a different purpose.
The paper trail for a receiver shouldn't include any barrel length, so there's nothing that says you turned your pistol into a rifle (Even if you did, that's perfectly legal. You just can't turn it back into a pistol.)

As for this crap applying to complete rifles, I'd expect that to either be abandoned by the PSP, or shot down in any legitimate court of law, because a complete rifle is obviously a "rifle". It is NOT a "firearm other than a rifle". It doesn't matter whether it physically could be turned into a handgun, that would be a felony, so there's no need to close up any non-existent loophole. Prohibited persons aren't buying AR-15's at dealers so that they can make a handgun, they aren't buying ANYTHING at dealers, because, well, they're prohibited persons.
That isn't the point - at least not for me. The point is that when you buy a rifle on a 4473 the 4473 stays with the dealer (or at least that is how I understood it - but ungawa brought up a valid point that has not been answered yet). When you fill out the handgun paperwork that paperwork is sent to the PSP and is now in their non registration data base. The PSP is over stepping their power and are now able to collect additional data on lowers for their non registration data base.
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