What's the word on AR15 Stripped Lower Transfers?

**RocketFoot** · March 9th, 2012, 02:56 PM

What is the current word on stripped lower transfers? Do they have to be transferred between private parties or not? I know there was some debate about this a while back but I am unclear on the current mandate?

**Draxton Smitz** · March 9th, 2012, 07:35 PM

Originally Posted by RocketFoot

What is the current word on stripped lower transfers? Do they have to be transferred between private parties or not? I know there was some debate about this a while back but I am unclear on the current mandate?

AFAIK if registered as a rifle lower then FTF is ok. If registered as a pistol lower then use an FFL.

**GrumpyBear** · March 9th, 2012, 07:52 PM

Originally Posted by Draxton Smitz

AFAIK if registered as a rifle lower then FTF is ok. If registered as a rifle lower then use an FFL.

I think you meant pistol lower.

**Brian Ahearn** · March 9th, 2012, 08:54 PM

All ar lower receivers -stripped are now considered pistols and must be transfered as pistols. Brian /EFR

**liberty556** · March 9th, 2012, 09:16 PM

Originally Posted by Brian Ahearn

All ar lower receivers -stripped are now considered pistols and must be transfered as pistols. Brian /EFR

This has been discussed before and I think PSP has retracted that false claim that stripped lowers are pistols. PSP tried to do this to get AR's on their illegal firearm registry.

**kimura** · March 9th, 2012, 09:16 PM

Originally Posted by Brian Ahearn

All ar lower receivers -stripped are now considered pistols and must be transfered as pistols. Brian /EFR

absolutely not. they're receivers/frames, not considered pistols.

and unless something changed very recently, they can be sold ftf.

**Draxton Smitz** · March 9th, 2012, 09:36 PM

Originally Posted by GrumpyBear

I think you meant pistol lower.

Yup. I edited. Thanks for the heads up.

**Brian Ahearn** · March 9th, 2012, 09:46 PM

It has nothing to do with the PSP the ATF Requires that ffls treat ar stripped lower receivers as pistols becuase it can be be built into a pistol rifle Etc.PS I am an ffl and thats how my ATF rep. instructed me to list them in my bound book for records keeping .IF you don"t believe me call The ATF!

**ScotsGuards** · March 9th, 2012, 10:25 PM

Originally Posted by Brian Ahearn

It has nothing to do with the PSP the ATF Requires that ffls treat ar stripped lower receivers as pistols becuase it can be be built into a pistol rifle Etc.PS I am an ffl and thats how my ATF rep. instructed me to list them in my bound book for records keeping .IF you don"t believe me call The ATF!

There seems to be some confusion due to the capriciousness of ATF inspectors information. AR lowers are treated in a mixed manner. Because it can be assembled into a rifle and sometimes a pistol; ATF wants FFLs, such as Brian and myself, to transfer it with some of the restrictions of a handgun. Such as, The transferee must be 21 and must be a resident of the state where the FFL is licensed. However we DO NOT need to do a PSP 113 treating the receiver as a handgun unless: The transferee is knowingly going
to build the lower receiver into a handgun. Or in the case of those AR receivers which are purpously manufactured for a handgun configuration.
These regulations apply to FFL holders.

PSP DOES NOT require FFLs to do a SP113 on AR-15 type rifles any longer. That lasted a very short time till ATF told them NO! (Yes ATF made them cease that policy)

Now to add even more confusing information: After a lower is transfered, as long as it was not done so as a handgun receiver, it is now a rifle receiver and can be transfered FTF to a non-prohibited person the same as as a rifle.
However, once a lower has been transfered as a handgun and SP 113 has been sent in, the receiver, I believe, is now and forever a handgun.

Confusing isn't it? The ATF has made so many regulation interpritations even THEY don't know what they are telling FFLs sometimes. I sometimes get ATF people calling me to ask questions.

And you people wonder why FFL holders are fussy about our paperwork and a little loopey sometimes.

**39flathead** · March 9th, 2012, 10:42 PM

Originally Posted by Brian Ahearn

It has nothing to do with the PSP the ATF Requires that ffls treat ar stripped lower receivers as pistols becuase it can be be built into a pistol rifle Etc.PS I am an ffl and thats how my ATF rep. instructed me to list them in my bound book for records keeping .IF you don"t believe me call The ATF!

This is the problem with the ATF.
Just last week, we called the ATF as I had to enter 50+ lowers into the bound book.
We figured we should call to make sure they were entered properly especially with this quantity.

We were told that they are to be marked as Receiver or we could abbreviate with REC or RECVR.
If the lower had a caliber on it, to use that as the caliber, if marked Multi, use N/A.

I have the agents name wrote down at the shop.

As for the original question, I also asked about the Pistol to Rifle and back to pistol configuration as it regards stripped lowers.

The agent said that if one was going to build a pistol, they needed to follow the laws regarding pistols in their state when buying, and then he referred us to the ruling on the Thompson case.

He said a stripped lower that is never been built into a "firearm" is not regulated as a pistol nor rifle as per ATF guidelines.

Sorry, I know it's foggy, and I wasn't happy with the answer either.

I then asked, if someone buys a lower as a "rifle" can it be sold as such privately? He said he knows of no ruling that it could not be unless any state or local laws prohibited it.

So I pretty much wasted my time getting a grey area answer.
Sorry.

IMO, unless one buys it using the PSP form it is a "rifle", if they use the PSP form, it is a "pistol".