GUN My 18 yr. old brother having trouble with lower receiver transfer

Discussion in 'On Topic' started by 90free400e, Mar 21, 2009.

  1. 90free400e

    90free400e New Member

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    So my little brother is 18, decided he wanted an AR, and purchased an RRA lower from a guy out in IL. We live in NC so he got it transferred to an FFL near us (Firepower Inc.) So it comes in yesterday, he goes to pick it up, and they tell him that they cannot legally transfer the lower to him as it could be used to make an SBR or AR Pistol. They want him to fill out the paperwork for it as a pistol (which he can't because he is under 21). Before he got it transferred there he filled out some paperwork, so they obviously knew before they took possession of it that he was 18 years old, and that he was getting an AR Lower Receiver. What are his options in terms of taking possession of it?

    Cliffs: 18 yr old brother orders RRA lower, gets it transferred to a local FFL. When it comes in they tell him it can be used as an SBR or AR Pistol and will not complete the transfer to him unless it is registered as a pistol.
     
  2. Bloody Sunday

    Bloody Sunday OT Supporter

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    in for answer
     
  3. sp00n155

    sp00n155 You underestimate the insignificance of my penis OT Supporter

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    have mom or dad go sign for it for him.
     
  4. Rip The Jacker

    Rip The Jacker New Member

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    Um if its registered as a pistol they definitely wont do the transfer. I've read some about this, I even had to do a handgun background check to get my lowers. Easiest thing to do is transfer it to your parents and have them give it to him as a gift.
     
  5. 90free400e

    90free400e New Member

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    My dad will do it, but in Mecklenburg County you need a pistol purchase permit (or CCW) to purchase a pistol. Takes 30 days to get from the Sheriffs office. Has anyone else had problems like this?
     
  6. 90free400e

    90free400e New Member

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    The thing is it is not a Registered AR Pistol lower. Correct me if im wrong but AR Pistol lowers must be marked from the factory, and are different than AR Rifle lowers
     
  7. Rip The Jacker

    Rip The Jacker New Member

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    Nope, exact same thing. The paperwork will say "never built as a rifle" because its a requirement to build a pistol.
     
  8. sp00n155

    sp00n155 You underestimate the insignificance of my penis OT Supporter

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    no, not always.
     
  9. Rip The Jacker

    Rip The Jacker New Member

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    Sounds like he's screwed unless you buy at a gun show or buy a complete rifle and rebuild it to his specs.
     
  10. Clusive

    Clusive Happiness is a belt-fed weapon.

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    Need to be 21 to purchase a stripped lower.
     
  11. Soybomb

    Soybomb New Member

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    This. The rules changed some time ago, the 4473 is no longer long gun or pistol, its long gun, pistol, or other

    Federal law requires that you be 21 years or age or older to purchase a stripped receiver or frame. If a frame or receiver can only be made into a long gun (rifle or shotgun), it is still a frame or receiver not a handgun or long gun. However, they still are "firearms" by definition, and subject to the same GCA limitations as any other firearms. See Section 921(a)(3)(b). 18 U.S.C. Section 922(b)(1) makes it unlawful for a licensee to sell any firearm other than a shotgun or rifle to any person under the age of 21

    The pistol marked receiver thing was questionably relevant before and not relevant at all now.
     
  12. yar1182

    yar1182 New Member

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    Your bro is screwed. Do research before you buy. I guess he could buy all the other components for the rifle, have the rifle assembled, then do the transfer as a complete rifle. Otherwise you have to get somebody who is 21 and have all the nessasary permits for your state buy the lower

    Edit.

    I got an idea. Borrow a complete upper, buy all the parts for the lower including stock. Have the lower assembled, bolt the upper to it and do the transfer as a rifle.
     
  13. Sailor Jerry

    Sailor Jerry OT Supporter

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    See if the shop will install a stock and LPK and transfer it as a rifle.
     
  14. kellyclan

    kellyclan She only loves you when she's drunk.

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    If it's got a stock, they should be able to push it through as a rifle. Stripped lowers are treated as pistols now.

    To amend, other posters were more precise: a stripped lower is not a "pistol" but you still need to be 21+ to purchase an "other" firearm from a FFL.
     
    Last edited: Mar 21, 2009
  15. 90free400e

    90free400e New Member

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    thanks for the help. My dad picked it up, but did not need a pistol purchase permit so it was not registered as a pistol. I guess you just need to be 21 to get a stripped lower
     
  16. bobotech

    bobotech New Member

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    The new FFLs have a spot on them for long arm/pistol/other. The key is the other. Receivers go under other.

    You do have to be 21 or older to transfer an "other" even if its being built as a long gun.

    One thing, a pistol can become a rifle and back (the going back is still a gray area though) but if the gun was born as a long gun, it can never go back to being a pistol unless it is SBRed going though the whole NFA process including the 200 dollar tax. That doesn't matter at all for a standard receiver transfer.
     
  17. Keesh

    Keesh New Member

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    Unfortunately the ATF changed their rules about that a couple months ago. Now you do need to be 21 to transfer a stripped lower. See Soybombs post.
     
  18. bobotech

    bobotech New Member

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    I said that. Look at my post: "You do have to be 21 or older to do a transfer".

    I actually asked my FFL about this issue. My son bought a receiver about 2 years ago when he was 19, didn't need to be 21 at that time, no place in the form 4473 to put "receiver" in the old white forms.
     
  19. Keesh

    Keesh New Member

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    lol I can't read. Disregard my last post :rofl:
     
  20. The Cable Guy

    The Cable Guy New Member

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    That sucks. IIRC, if it was a complete lower, with a stock, they can mark it as a long arm.
     
  21. bobotech

    bobotech New Member

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    Oh, that's interesting. I did not know that but it makes sense.
     
  22. Paul Revere

    Paul Revere OT Supporter

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    can they just not DROS it (or whatever) as a rifle?
     
  23. johnson

    johnson New Member

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    So a complete lower is considered as a rifle?
     
  24. If it's got a buttstock attached to it, they can consider it a rifle.
     
  25. hsmith

    hsmith OT Supporter

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    stock is key
     

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