Results 21 to 30 of 39
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December 31st, 2015, 08:33 PM #21
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December 31st, 2015, 09:46 PM #22
Re: Stripped AR lowers private sale in PA
I think I would include on the bill of sale/receipt Seller (name) is transferring receiver aka "Lower" bearing serial number xxx xx as a receiver intended for the construction of a rifle and not a pistol to buyer (name)
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January 1st, 2016, 01:53 PM #23
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January 1st, 2016, 02:09 PM #24
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January 1st, 2016, 02:30 PM #25
Re: Stripped AR lowers private sale in PA
A stripped, virgin lower is neither a pistol nor a long gun, and the buyer's intentions have nothing to do with a private sale. Writing "pistol lower" or "rifle lower" on a receipt has no legal significance when it comes to what the receiver is at the moment of sale, although it is some evidence of the facts if you need to prove them later.
The pertinent definitions cover the physical features that a receiver has, or had, but not "what it will have later". For purposes of PA's laws on transfers, a virgin striped lower is not a "firearm". For other PA laws, and for some federal laws, the frame or receivers DOES count as a firearm; for example, for prohibited persons.
A NON-virgin, stripped lower, can be a problem. If I buy a rifle, strip off the parts, and sell you a stripped receiver, you can't legally make a pistol out of it without an approved Form 1 for the resulting SBR. No matter how many owners it had, it will be a weapon made from a rifle, with an overall length under 26" or a barrel under 16". If I were to pursue a non-rifle project starting with a privately-bought stripped lower, I would at a minimum ask the factory how it left them; if it left as a rifle, then ATF would have an easy prosecution if they found me with it as a pistol.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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January 1st, 2016, 03:21 PM #26
Re: Stripped AR lowers private sale in PA
Phew, I'm glad we don't have to register guns in this state.
Corruption is the default behavior of government officials. JPC
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January 1st, 2016, 03:40 PM #27
Re: Stripped AR lowers private sale in PA
Thanks for your comment, it helps me a lot as I'm currently in the process of selling a couple stripped lowers.
I wonder if you could clear up a semi complicated question. Without mentioning member names of course. I received a pm from a member requesting to buy a lower, and for me to ship the lower to his or her residence directly.
The member also mentioned having received a long gun by UPS to his home, in a PA resident to PA resident transaction in the past.
Am I able to ship a stripped lower to another PA residents home legally, and does the same apply to long guns in PA to PA resident transaction?
My thought was that the purpose of a "face to face" transaction without an FFL involved was to confirm identification matches the buyer. Couldn't a prohibited person email of fax over ID for someone else who is not prohibited? How would you know they are who they claim, without ever seeing them? Isn't this why if I try buy a lower online it has to go to an FFL?
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January 1st, 2016, 04:36 PM #28
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January 1st, 2016, 04:44 PM #29
Re: Stripped AR lowers private sale in PA
Pardon my French, but are you high?
A PA resident may absolutely MAIL a long gun via USPS. (the United States Postal Service - that's the little US Govt building where your bills and Christmas cards get sorted and sent to you)
Go read the sticky about it in the "General" subforum.
It was put together by a respected forum member who happens to be a veteran FFL.
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January 1st, 2016, 05:03 PM #30
Re: Stripped AR lowers private sale in PA
AJRB, here is a bill of sale that I have used in the past when buying/selling from/to someone who either requested it of me, or I requested it of them. (only did that once and of the "over ten" long guns I've purchased legally from other PA residents I've only had two request a bill of sale be completed)
It gives you a little added "peace of mind" in that the buyer is attesting in writing that they are not a prohibited person.
Could they lie? Sure, but the crime committed at that point is theirs - not yours - SO LONG AS you had no reason to believe the buyer to be a prohibited person.
I've even had a cop (seller) tell me in the buy/sell communication that we didn't need to use an FFL as I was buying a rifle and it wasn't necessary.
He was going to mail it to me and then said "Hey, if you can wait a week, I'll be in your area to visit family". He didn't need to see me, he was simply offering to save me the $30 cost of mailing a rifle via the post office.
Anyway, here's a good bill of sale for anyone reading this thread.
If using this via mail, the forms could be mailed using two copies (you sign both and the buyer signs both and each keep one) ahead of the shipment, or included with it depending on your comfort level with the buyer.
link (the "Texas" title is irrelevant since all "have not/am not" stuff is universal)
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