Stripped AR lowers private sale in PA

[finsrt21]

Just curious...... I saw a posting for a stripped lower for sale in PA for a FTF and classified stated no FFL transfer required. While I know complete ARs ( 16 inch or longer) and other rifles can be transferred between PA residents without an FFL transfer, but I was always under the assumption that a stripped lower was treated as a pistol in PA. Thus requiring an FFL transfer.

[Emptymag]

Just curious...... I saw a posting for a stripped lower for sale in PA for a FTF and classified stated no FFL transfer required. While I know complete ARs ( 16 inch or longer) and other rifles can be transferred between PA residents without an FFL transfer, but I was always under the assumption that a stripped lower was treated as a pistol in PA. Thus requiring an FFL transfer.

Nope.




EDIT: For a while the state WAS pulling some sort of crap like that (requiring a transfer at an FFL), but it's long since been straightened out.

[Bang]

A couple of years ago ATF had advised PA gun show dealers not to sell a stripped lower to a NJ resident and one had a hand-printed notice to NJ attendees. Claim was the lower could be made into a pistol not legal in NJ or some crazy reason. Haven't seen that sign since.

[GeneCC]

A couple of years ago ATF had advised PA gun show dealers not to sell a stripped lower to a NJ resident and one had a hand-printed notice to NJ attendees. Claim was the lower could be made into a pistol not legal in NJ or some crazy reason. Haven't seen that sign since.

They were probably concerned about sales to NJ residents under the assumption that the final product would be illegal in NJ.

So far and I hope for many many years to come, AR type firearms are legal for people in this state to own.

[GunLawyer001]

They were probably concerned about sales to NJ residents under the assumption that the final product would be illegal in NJ.

So far and I hope for many many years to come, AR type firearms are legal for people in this state to own.

A stripped lower isn't a rifle or a shotgun, so direct sales to out-of-state residents are a problem.

Q: May a licensed dealer sell a firearm to a non-licensee who is a resident of another State?

Generally, a firearm may not lawfully be sold by a licensed dealer to a non-licensee who resides in a State other than the State in which the seller’s licensed premises is located. However, the sale may be made if the firearm is shipped to a licensed dealer whose business is in the purchaser’s State of residence and the purchaser takes delivery of the firearm from the dealer in his or her State of residence. In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over-the-counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides. [18 U.S.C. 922(b)(3)]

[knight0334]

I concur with GL001.

Only rifles and shotguns can be transferred to residents of other states by an FFL. They are also the only "firearms"(US Code) that a FFL can transfer to a person less than 21yo but older than 18yo.

A virgin receiver(bare receiver) is not a rifle or shotgun. Same rule applies to Pistol Grip Only Shotguns, which are technically "other firearms".

For private transfers, so long as both parties of the same state - a virgin receiver can be transferred without paperwork. PA "firearms" are defined specifically by some dimensions - all of which requires a barrel and/or assemble state to make the measurements. ....so, a virgin receiver without a barrel cannot be a "firearm" - thus do not need a FFL or sheriff to transfer them between private parties.

[MJH]

If the FFL that did the original transfer completed a SP4-113 for a stripped lower, doesn't that stripped lower require a transfer unless it is a complete rifle at the time of selling to another person?
My dealer filled out a SP4-113 for a stripped lower that I bought about a year ago. I brought up the fact that ATF did not want that form filled out for stripped lowers, and he said that until ATF tells him directly not to do it, he would continue to use that form.

[jerkin]

If the FFL that did the original transfer completed a SP4-113 for a stripped lower, doesn't that stripped lower require a transfer unless it is a complete rifle at the time of selling to another person?
My dealer filled out a SP4-113 for a stripped lower that I bought about a year ago. I brought up the fact that ATF did not want that form filled out for stripped lowers, and he said that until ATF tells him directly not to do it, he would continue to use that form.

Your dealer is full of shit. What does the ATF have to do with a PSP form?

Tell him he should start reading the newsletters the PSP puts out to all the ffl's in Pa, starting with the ones from almost 5 years ago, lol.

http://forum.pafoa.org/pennsylvania-...hite-form.html

[MJH]

Your dealer is full of shit. What does the ATF have to do with a PSP form?

Tell him he should start reading the newsletters the PSP puts out to all the ffl's in Pa, starting with the ones from almost 5 years ago, lol.

http://forum.pafoa.org/pennsylvania-...hite-form.html

I emailed him multiple links after the fact. He didn't care. So now that the PS4-113 was submitted, and for all the lowers done like that before, how are they to be sold?

[GunLawyer001]

I emailed him multiple links after the fact. He didn't care. So now that the PS4-113 was submitted, and for all the lowers done like that before, how are they to be sold?

They had no barrels, so they are not handguns.