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March 25th, 2009, 02:00 AM #1Junior Member
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AR-15 stripped lower MUST be registered as a handgun - Legal issues?
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?
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March 25th, 2009, 02:06 AM #2Super Member
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Tannersville,
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Re: AR-15 stripped lower MUST be registered as a handgun - Legal issues?
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.
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March 25th, 2009, 02:27 AM #3Junior Member
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March 25th, 2009, 02:48 AM #4Junior Member
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Re: AR-15 stripped lower MUST be registered as a handgun - Legal issues?
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.
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March 25th, 2009, 03:26 AM #5
Re: AR-15 stripped lower MUST be registered as a handgun - Legal issues?
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.
Link to the thread: http://forum.pafoa.org/rifles-42/485...ed-pistol.html
"132 and Bush I've got him at gun point, OK gun point, 132 and bush, cover is code 3"
[SIGPIC][/SIGPIC]
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March 25th, 2009, 07:38 AM #6
Re: AR-15 stripped lower MUST be registered as a handgun - Legal issues?
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"Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member
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March 25th, 2009, 11:40 AM #7Junior Member
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Bellwood,
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Re: AR-15 stripped lower MUST be registered as a handgun - Legal issues?
OK - So what do I do? Take this info to my FFL and politely request that they don't file the paperwork that they believe they are legally required to file?
Can I have them send the pieces to another FFL that understands the law?
I guess I'm most concerned with my legal obligation if I ever decide to sell a completed rifle from one of these pieces. If I were to sell all three of these units FTF as long guns, could I be charged with an unlawful transfer of a handgun?
My FFL still has my receivers. What should I do?
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March 25th, 2009, 11:49 AM #8
Re: AR-15 stripped lower MUST be registered as a handgun - Legal issues?
Find another FFL who understands what these updates actually mean. Have the lowers transferred there, then go pick them up.
You can inform the current FFL why you won't be doing business with them any longer, and in the future, confirm such details before engaging in a transaction.Get your "Guns Save Lives" stickers today! PM for more info.
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March 25th, 2009, 11:59 AM #9Junior Member
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March 25th, 2009, 12:23 PM #10Grand Member
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