Somewhat different situation on the question about "actual transferee/buyer"

[mythaeus]

I paid for 3 lower receivers that will be shipped to my FFL. My friend is interested in buy 2 from me. I would rather not having to have all 3 transferred to me and instead have 2 transferred to him directly. Since I paid for the receivers, but he will be paying me prior to the transfer and will go through the actual transfer with NICS check himself, I would think he is an actual buyer. Thoughts?

Attached is an image of Q11.a (I can't seem to copy the text from the PDF form).

Thanks,
Al

[Svickstc]

I paid for 3 lower receivers that will be shipped to my FFL. My friend is interested in buy 2 from me. I would rather not having to have all 3 transferred to me and instead have 2 transferred to him directly. Since I paid for the receivers, but he will be paying me prior to the transfer and will go through the actual transfer with NICS check himself, I would think he is an actual buyer. Thoughts?

Attached is an image of Q11.a (I can't seem to copy the text from the PDF form).

Thanks,
Al

Al, im doing the same thing this weekend but just getting them all to me and handing him the lower later that day...he is a good friend of mine so no worries here...what are your concerns if he is a friend?

[mythaeus]

Al, im doing the same thing this weekend but just getting them all to me and handing him the lower later that day...he is a good friend of mine so no worries here...what are your concerns if he is a friend?

I'm not worried about him at all. He has a LTCF and I just sold him a rifle FTF.

There has been discussions in the past about what makes it less questionable when building an AR15 pistol. If the receiver is sold FTF, even if virgin, and the intent is to build a pistol then there may be an issue with illegal transfer. It seems the thought was that the best way is to have the receiver(s) transferred at an FFL if the buyer intend to build an AR15 pistol.

Al

[Svickstc]

I'm not worried about him at all. He has a LTCF and I just sold him a rifle FTF.

There has been discussions in the past about what makes it less questionable when building an AR15 pistol. If the receiver is sold FTF, even if virgin, and the intent is to build a pistol then there may be an issue with illegal transfer. It seems the thought was that the best way is to have the receiver(s) transferred at an FFL if the buyer intend to build an AR15 pistol.

Al

well if he wants to build a pistol it needs to go through ffl and transfered as such...i didnt read that in your OP just questioning the actual buyer, which you actually did purchase the lowers and he paid you after correct? as stated if he is not building a pistol FTF is fine without FFL if he wants to build a pistol needs to go through FFL and transfered as a handgun...at that point it could be built into a pistol or rifle but never vice versa without SBR

[mythaeus]

well if he wants to build a pistol it needs to go through ffl and transfered as such...i didnt read that in your OP just questioning the actual buyer, which you actually did purchase the lowers and he paid you after correct? as stated if he is not building a pistol FTF is fine without FFL if he wants to build a pistol needs to go through FFL and transfered as a handgun...at that point it could be built into a pistol or rifle but never vice versa without SBR

I'm well aware of what's needed to be done when. My question is different and very specific to the "actual purchaser" question in this specific situation since I made the payment to the seller originally. I don't want to have the 3 receivers transferred to me at the FFL and then have the FFL do another transfer 2 receivers from me to him.

Al

[Svickstc]

I'm well aware of what's needed to be done when. My question is different and very specific to the "actual purchaser" question in this specific situation since I made the payment to the seller originally. I don't want to have the 3 receivers transferred to me at the FFL and then have the FFL do another transfer 2 receivers from me to him.

Al

Ah i see exactly what you're asking now and im unsure of that answer...since they were not checked in anyones name aka yours first they may make you have them all since your the actual buyer and then do another transfer from you to him or they may handle them seperate since he is technically going to be the buyer of one of the lowers...

Like i said best way to avoid all that if is he not building a pistol is get them all to you and FTF him the lower and have him pay for your transfer win win

[crzynate]

Ah i see exactly what you're asking now and im unsure of that answer...since they were not checked in anyones name aka yours first they may make you have them all since your the actual buyer and then do another transfer from you to him or they may handle them seperate since he is technically going to be the buyer of one of the lowers...

Like i said best way to avoid all that if is he not building a pistol is get them all to you and FTF him the lower and have him pay for your transfer win win

I know that where i work it doesn't matter so much who is paying for the gun or item, but rather who is actually taking possession. As long as it is not a straw purchase of course.

[mythaeus]

Ah i see exactly what you're asking now and im unsure of that answer...since they were not checked in anyones name aka yours first they may make you have them all since your the actual buyer and then do another transfer from you to him or they may handle them seperate since he is technically going to be the buyer of one of the lowers...

Like i said best way to avoid all that if is he not building a pistol is get them all to you and FTF him the lower and have him pay for your transfer win win

Thanks for your thoughts on the subject.

I know that where i work it doesn't matter so much who is paying for the gun or item, but rather who is actually taking possession. As long as it is not a straw purchase of course.

This is my thinking too, but I just wanted to double check since he has to answer that question. It's a technicality that I want to cover.

Al

[Asmodeus6]

When did it change that a stripped lower isn't a stripped lower?

I realize in recent years there has been a LOT of mishandling of this stuff by the PSP / and subsequent checks. But was there a formal change that regardless of how the initial check was done, it's still a stripped lower and / you have to decide right there whether it was going to be a pistol or not, and transferred accordingly?

Someone show me that?



I guess my point is, isn't a virgin lower is still indeed a virgin lower? Where it can still be sold FTF regardless of what the end purchaser does with it? At the time of the sale - it will still be a stripped lower, right?

I've never done the switcheroo with stuff coming in to the gun store. But as long as this guy comes in and does his check, it's not like you are circumventing laws. Why not call the shop and ask? I'm sure when places do group buys, one guy doesn't go down and get run for the whole lot of them. The individual people go in and pick them up. Just explain your friend went in on a few with you. I doubt it will be an issue.

[USMC3531]

just take your friend to the shop with you, tell them 1 gets transfered to you and 2 to him pay your respective fees and be on your way.