I am 19 years old, and I live in the state of Indiana. I have purchased two AR15s brand new in the past year and a half and have never had any trouble with the background check. I just left my FFL’s house after an unsuccessful attempt to transfer my Noveske blem stripped lower. The background check lady said that I am not of age to recieve the item and that the transferee has to be 21. My dealer is going to contact the ATF Monday, as reccomended by the background check lady, and see what they have to say. I guess I can understand this to an extent, as an AR15 can be configured into a pistol, but it is a long gun reciever, for a long gun, which can be legally bought by ann 18 year old.
The toughest part about this is that I held the N4 lower in my hands, and it was so beautiful, and I had to leave it there. Everything else for this rifle is already paid for, and all of the components are either at my house or in transit to my house. It is just my luck to have this kind of a hang up.
Anyhow, if anybody knows the policy on this, or has had this trouble in the past, please share what you know with me.
No a complete lower is just a lower.
For instance you at 21yrs of age could buy a complete LMT lower, remove the receiver extension/stock etc. and built it into an AR pistol. On the 4473 a complete LMT lower is ‘other’ it isn’t a longgun because although it has a stock it doesn’t have a barrel and thus cannot be fired from the shoulder (the definition of a longgun).
Dagonnit!
I like the idea of selling the dealer my upper and having him sell it back to me. The only thing I could think that would go wrong with this is if the folks keep the serial number in the system for, say, 10 days. They would figure out whats up.
Thanks for the info anyhow, fellas. I wish I would have known this beforehand.
I just got off the phone with my dealer and he said that he would be fine with me “selling” him the upper and having the whole thing transferred to me in rifle form, so long as it is legal. He will be calling the ATF on Monday, so we will see.
Since my dealer knows that the lower was intended to be transferred to me, this would be considered a straw purchase. Thats a federal offense if I’m not mistaken. We have a decent relationship ( I have ordered guns through him before) but I dont want to get anyone into trouble.
Not trying to insult you or question your knowlege, Robb, but with up-most respect, how is this a felony? Wouldn’t it be the same as a gun shop owner custom-configuting a rifle for someone, such as how Grant at G&R sells M&P pistols with APEX parts installed? Or does Grant have a manufacturer license?
Grant is a dealer and licensed manufacturer. (FFL dealer and NFA manufacturer)
If a dealer receives a receiver in his bound book as a receiver, and then ‘leaves’ as a rifle. Then he has manufactured a rifle. All FFL dealers aren’t licensed manufacturers. All licensed manufacturers are dealers. Types of FFLs and SOTs:http://www.quarterbore.com/nfa/class3.htm
I work for a FFL (Type 1) dealer and NFA (Class III SOT) dealer we cannot manufacture anything. I can assemble stripped lower into a complete lower but it still leaves the shop as a lower, not a rifle.
Grant is a FFL (I believe a Type 7) dealer and a NFA (I believe Class II SOT) manufacturer which allows him to deal in Title I (regular guns) and Title II (NFA) firearms as well as manufacture either type.
Its your choice, best to be safe. Having said that I would argue in a court of law that this is not a straw purchase. Person A buys parts for a complete AR15. These parts include a stripped lower. Person A accepts transfer of said lower. Person B is a friend well versed in the AR platform. Person A opts to have Person B assemble the rifle as a service. The stripped lower is no longer, it is now a long gun. Person A sells said long gun to Person B.
You all have inspired me, I think I’m going to have to do some case law research.
If you’re doing it as a business then yes you would be an illegal dealer/manufacturer.
If you buy say a receiver build it into a rifle, shoot it for a few years and then decide to sale it, this is quite different.
Even certain gunsmiths have manufacturers licenses since the amount of work they’re doing. Bowen for instance where they take a Ruger revolver completely build it into another custom caliber etc is a licensed manufacturer. Most if not all of the companies doing major refinishing are licensed manufacturers since they are receiving firearms.