AR-15 stripped lower MUST be registered as a handgun - Legal issues?

[b.leevr]

I ordered 3 stripped lowers to be shipped to my local FFL, only to learn that in PA, any stripped lowers must be accompanied by all handgun paperwork JUST IN CASE they would be manufactured into pistols. So now I've got three lowers which will probably NEVER be built into pistols, but I'm assuming they'll have to be transferred as such forever - is this correct? I've even been told that if I had ordered them as completed lowers with the full A2 buttstock attached, the same rule applies.

Therefore, even if I build these into complete rifles: I cannot sell these in a face-to-face transaction without an FFL involved? I cannot sell these to someone from out-of state under any circumstances?

Would it be possible to order more lowers and have them shipped to a nearby state with looser regulations (what are WV and OH like?), where I could pick them up and have them treated as rifles forever?

Am I making too much out of this, or is this a bunch of crap?

[Warners Surplus]

I ordered 3 stripped lowers to be shipped to my local FFL, only to learn that in PA, any stripped lowers must be accompanied by all handgun paperwork JUST IN CASE they would be manufactured into pistols. So now I've got three lowers which will probably NEVER be built into pistols, but I'm assuming they'll have to be transferred as such forever - is this correct? I've even been told that if I had ordered them as completed lowers with the full A2 buttstock attached, the same rule applies.

Therefore, even if I build these into complete rifles: I cannot sell these in a face-to-face transaction without an FFL involved? I cannot sell these to someone from out-of state under any circumstances?

Would it be possible to order more lowers and have them shipped to a nearby state with looser regulations (what are WV and OH like?), where I could pick them up and have them treated as rifles forever?

Am I making too much out of this, or is this a bunch of crap?

This seems to be coming up a lot lately. The confusion was caused by the change on the FEDERAL 4473. I have heard of a half dozen dealers doing unnecessary record of sales paperwork on a stripped AR lower. It is NOT necessary unless something changed that PSPFD has failed to tell most of us about. The only change in the sale of a stripped lower is that now under the new 4473 there is an extra box to be checked if it is a stripped receiver and it can only be sold to persons 21 or over.



Rich W.

[b.leevr]

The only change in the sale of a stripped lower is that now under the new 4473 there is an extra box to be checked if it is a stripped receiver and it can only be sold to persons 21 or over.

Where can I find this written down so I can have my lowers released without the additional paperwork? I was told that PSP require handgun paperwork with all stripped lowers.

[b.leevr]

I found the following exchange on http://www.northeastshooters.com/vbu...p?t-56140.html

jdubois 02-13-2009, 09:44 AM
The FFL is right, guys. We had this question a few weeks ago and it threw me too. With the new 4473 form issued last October, you select 'Other Firearm' for question 18 when transferring just a lower. 'Other Firearms' are not transferable to non-residents like rifles and shotguns are. The other ridiculous implication now is that nobody under 21 can buy a lower receiver from an FFL, even though they can potentially buy the whole rifle.

JimConway 02-13-2009, 09:46 AM
A few months ago BATFE notified all dealers, that an AR lower receiver was to be considered as a handgun and not as a rifle.

[ithinkimamedic]

STOP, don't drink the Kool-aid, this was hashed out less than 2 months ago here. Search function is amazing when it works. Here is the gist of it from one of our own moderators who happens to be a FFL.

Find a dealer that knows what they are talking about.

You must be 21 to purchase a stripped receiver (due to the fact it can be used as pistol or rifle). This is a Fed requirement. But Pa. Code only requires firearms having less than 15" barrrel length to be transferred/sold on a PSP form SP4-113.

two reasons:
1) Receivers do not have a barrel and are not Firearms (handguns/SBS/SBR) per the 6102 definition because they have not been built into one yet they can not be "or frame or receiver of such weapon)

2) The requirement of filling out a form SP4-113 per 18Pa.C.S.6111 is limited to the following per paragraph (f)(2)


As such, other than the 21yr old Fed requirement, they transfer like a rifle, not a pistol.

Link to the thread: http://forum.pafoa.org/rifles-42/485...ed-pistol.html

[Xringshooter]

JimConway 02-13-2009, 09:46 AM
A few months ago BATFE notified all dealers, that an AR lower receiver was to be considered as a handgun and not as a rifle.

This guy is WRONG. The BATFE says (said) that lower receivers are NEITHER a handgun NOR a longarm. That is why they added the OTHER box on the 4473. Also, because they are neither, that is the reason that an under 21 yr old cannot buy one from an FFL and that is explained in the narrative portion of the 4473.

To quote from the 4473: "Since a frame or receiver for a firearm, to include one that can only be made into a long gun, is a "firearm other than a shotgun or rifle," it cannot be transferred to anyone under the age of 21"

[Wildturk]

Not true. Inaccurate legal statement removed. ~Staff You can't take a receiver that was once a rifle and build a pistol from it.

[GunLawyer001]

Not true. If you plan on building a "Pistol" out of the stripped receiver it needs to be transfered to you as such. You can't take a receiver that was once a rifle and build a pistol from it.

Those are 2 entirely separate statements, and only one of them is true.

Yes, the NFA bars making a pistol out of an existing rifle, unless you register it as an SBR first. So we need to distinguish a "virgin & unbuilt" receiver from a "stripped" receiver. Any receiver that was once a rifle is a no-go for a Title 1 pistol build.

No, there is no law requiring you to "register" or have transferred as a pistol any virgin rifle receiver, whatever your intentions. You can buy 10 virgin rifle receivers today, let them sit for a year or 10, or build them up tomorrow as 10 pistols, 10 rifles, or a mix. Find the statute that says otherwise, either State or federal.

[archangel689]

That mr556 with the incompatible lower is looking mighty good now.

no updates?

[Sweet556]

Those are 2 entirely separate statements, and only one of them is true.

Yes, the NFA bars making a pistol out of an existing rifle, unless you register it as an SBR first. So we need to distinguish a "virgin & unbuilt" receiver from a "stripped" receiver. Any receiver that was once a rifle is a no-go for a Title 1 pistol build.

No, there is no law requiring you to "register" or have transferred as a pistol any virgin rifle receiver, whatever your intentions. You can buy 10 virgin rifle receivers today, let them sit for a year or 10, or build them up tomorrow as 10 pistols, 10 rifles, or a mix. Find the statute that says otherwise, either State or federal.

So if I pickup a stripped virgin lower I dont have to do pistol paperwork (which is why we are all here in this dispute with PSP) and I dont have to tell my dealer my intention is to make it a pistol AR? And nothing can or will come back to bite me in the butt? Can anyone else 2nd the motion?