Question about transfering lowers.

[rookiemistake]

I know that this question may have been answered before and I have used the search but couldn't find an answer to this specific question. With the confusion of how some AR lowers are being transfered from the dealers by registering them as a pistol and such I was wondering if I wanted to sell my AR lowers can I just do a ftf transfer like it always was or does it have to go through an FFL now.

I am looking to get rid of 2 Lowers but need to know if something changed or I could still do a good old FTF. Thanks in advance for any help.

[GunLawyer001]

This is what "firearm" usually means in the Uniform Firearms Act:

18 Pa.C.S.A. § 6102 "Firearm." Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.


This is the section of the UFA that restricts transfers; non-dealers are covered under paragraph (c):

18 Pa.C.S.A. § 6111

(c) Duty of other persons.--Any person who is not a licensed importer, manufacturer or dealer and who desires to sell or transfer a firearm to another unlicensed person shall do so only upon the place of business of a licensed importer, manufacturer, dealer or county sheriff's office, the latter of whom shall follow the procedure set forth in this section as if he were the seller of the firearm. The provisions of this section shall not apply to transfers between spouses or to transfers between a parent and child or to transfers between grandparent and grandchild.

Paragraph (f) redefines "firearm" for purposes of this section 6111:

(f) Application of section.--

(1) For the purposes of this section only, except as provided by paragraph (2), "firearm" shall mean any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

(2) The provisions contained in subsections (a) and (c) shall only apply to pistols or revolvers with a barrel length of less than 15 inches, any shotgun with a barrel length of less than 18 inches, any rifle with a barrel length of less than 16 inches or any firearm with an overall length of less than 26 inches.


I'm not sure how the courts have interpreted this, if at all. A stripped AR lower has no barrel, hence no barrel under 16". On the other hand, neither does a 1911 pistol lower, but nobody would argue that we can legally swap them without an FFL. Yet, the AR lower has an overall length under 26", but nobody (not even the ATF) would dream of prosecuting for possession of a Short Barreled Rifle, which is defined (inter alia) as a rifle with an overall length under 26".

There's a broader definition of "firearm" that includes "the frame or receiver", as seen in 6105 for prohibited persons, and in the Prohibited Offensive Weapon statute, for example. But the UFA doesn't include that broadest language in 6111.

[Xringshooter]

As an FFL, because of the new addition to the 4473, I cannot sell a receiver to anyone under 21. This is due to the BATFE description that a receiver is neither a longarm or a handgun because it has not been built, and because it is not defined as a longarm, I can't sell to someone under 21.

This is where some people in the PSP are interpreting this incorrectly and are telling dealers that AR lowers (and in some cases complete rifles) must be identified on the SP4-113 (Application/Record of Sale), which is the form required for handguns/SBRs/SBSs. This is NOT coming from the PSP Firearms Unit. The PSP Firearms Unit has not made a decision yet, this is coming from people that, in my opinion, have no business telling dealers what to do. I have first hand experience with the Firearms Unit (happened early in my FFL days) in that I sent a SP4-113 to them for a rifle I sold. They sent me a nicely written letter telling me not to do this again, that the SP4-113 is ONLY to be used for handguns, short barreled rifles and short barreled shotguns, never longarms. So, until I hear otherwise, when I sell a lower receiver, the buyer fills out the 4473 only, I mark the block that says OTHER, I use the PICS to do the background check, and if good out the door the customer goes.

For a private sale, if the person is over 18, I don't see any problem with the FTF sale. The UFA has not been changed, a lower receiver is not a handgun (unless it was built, when first received, as a handgun and then taken apart, which in that case it IS still considered a handgun by the BATFE). This is still a gray area (for me) as how would anyone know, unless the receiver was marked, that you built it as a pistol, shot it some, got tired of it, then took everything off the lower and sold the lower. I'm wondering if this is why some PSP people want complete AR rifles to be processed as if they are handguns?

So I guess that, bottom line, until the PSP Firearms Unit says otherwise, and it's published, a private FTF sale of a lower is good to go.