Can I purchase a stripped lower from an out-of-state dealer? - The Law Office of John Pierce, Esq. (2024)

Can I purchase a stripped lower from an out-of-state dealer? - The Law Office of John Pierce, Esq. (1)

I was recently contacted by a gun owner who attempted to purchase a stripped lower from an out-of-state dealer and the dealer refused the sale. The dealer had completely confused the issue by telling him that stripped lowers must be sold as ‘pistols’.

The dealer was 100% correct that non-residents may not purchase frames or receivers from a licensed dealer. However, their explanation as to why was just plain wrong.

Let’s see if we can untangle the issue …

  1. 18 U.S.C § 922(b)(3) makes it a crime for a dealer to sell any firearm, other than a rifle or shotgun, to a non-resident.
  2. Frames and receivers are neither handguns nor long guns.
  3. Therefore, frames and receivers do not fall withing the exception for rifles and shotguns and cannot be sold to non-residents.

The ATF covered this in the following 2009 Open Letter to FFLs.

Download (PDF, 104KB)

The part of the answer from the dealer that was wrong is his assertion that frames or receivers must be sold as ‘pistols’. This is not correct at all. The 4473 recognizes this distinction in box 16 and the associated instructions for this field.

Download (PDF, 903KB)

Receivers should always be transferred on a 4473 as an ‘other’. This gives you maximum flexibility as to what may be built from the receiver.

Related

Can I purchase a stripped lower from an out-of-state dealer? - The Law Office of John Pierce, Esq. (2024)

FAQs

Can you buy a stripped lower in another state? ›

In order to legally transfer a stripped AR-15 lower receiver, you will need to have the receiver shipped to a licensed FFL just like you would any other firearm that you're buying out of state.

Do you need an FFL to buy a stripped lower receiver? ›

Many of us begin building AR-15s by buying a stripped lower. This is the one part that requires a form 4473 transfer from a FFL. Even when it is stripped of all of its parts, and not connected to the rest of the rifle, this is a firearm and it has to be treated as such.

Can you have a lower receiver shipped to your house? ›

Are 80 Lowers Legal In California? NO! As of this guide's initial publish date, 80% lower receivers and frames are not considered as firearms by the ATF and ARE NOT legal to ship directly to buyers residing in California.

Can I buy a complete lower in NYS? ›

The sale of lower receivers and completed frames are STILL LEGAL. NYS now defines a lower receiver as "a major component of a firearm" and thus not a completed firearm. Purchase of lower receivers still requires a 4473 NICS Check.

Can I still buy a stripped lower receiver in California? ›

Background check requirements

Just like any other firearm purchase, buying a stripped lower receiver in California requires a background check. This is done to ensure that the buyer is eligible to own a firearm and does not have any disqualifying factors such as a criminal record or mental health issues.

Can I fly with a stripped lower receiver? ›

Certain firearm parts, including firearm frames and receivers, are prohibited in all carry-on baggage. All firearms, and certain firearms parts as described in the Federal Register, must be declared at the airline ticket counter during the check-in process.

Do stripped AR lowers have to be shipped to FFL? ›

Does a stripped lower require an FFL? - Quora. Well, according to the Constitution, no FFL would be required for any type of firearm. A stripped AR15 lower receiver still has a serial number and thus requires an FFL regarding the purchase / transfer of said stripped lower.

What you will need after buying an AR-15 stripped lower receiver? ›

You will also need to buy lower receiver parts, which include: a trigger assembly, trigger guard, magazine catch/release, bolt catch/release, safety selector switch, grip, takedown pins, receiver extension (buffer tube), buffer and spring, and buttstock. You can purchase these in a kit or separately.

Are AR lowers considered firearms? ›

The lower receiver of a modular firearm ,like the AR platform, is considered the FIREARM. To be considered a pistol or a rifle depends on what you build it as. But once you build it either as a rifle or a pistol,it's always a what you built it as.So, if you build it as a rifle ,it will always be considered a rifle.

What is the 80 receiver rule? ›

“80% receiver,” “80% finished,” “80% complete” and “unfinished receiver” are all terms referring to an item that some may believe has not yet reached a stage of manufacture that meets the definition of "firearm frame" or "receiver" according to the Gun Control Act (GCA).

Can you ship a lower receiver through USPS? ›

Parts of handguns are mailable, except for handgun frames, receivers or other parts or components regulated under Chapter 44, Title 18, U.S.C.

What age should you buy a lower receiver? ›

A frame or receiver is a type of firearm “other than a shotgun or rifle” and the transfer by a licensee to an individual less than 21 years of age would be prohibited.

Can I buy a stripped lower in NY State? ›

Fixed mag pistols are legal in most New York counties, but are not legal in Suffolk County or Nassau County on Long Island. You can also purchase a stripped lower receiver and other associated parts to complete compliant rifle or pistol build of your own.

Do you need a license to buy an AR lower in NY? ›

On June 5, 2022, governor Kathy Hochul ( D‑NY ) signed New York Assembly Bill A10503 into effect. The bill raises the minimum age to purchase a semi-automatic rifle to 21, and requires a license for all new semi-automatic rifle purchases. Semi-automatic rifles owned prior to this date are grandfathered.

Can a New York resident buy a rifle out of state? ›

It is lawful for New York residents to purchase or obtain rifles or shotguns in a contiguous state and to receive and transport said rifles and shotguns into the state, provided the person is otherwise eligible to possess a rifle or shotgun under New York law. New York law regulates gun show sales.

Can you buy a stripped lower receiver in Illinois? ›

Fixed magazine models are legal for civilian purchase in Illinois. You can also purchase a fixed magazine stripped lower receiver and other associated parts to complete a compliant rifle or pistol build of your own.

Can I buy a stripped lower in Mass? ›

Both our Fixed Mag rifles and our Post Ban DS-9 rifles are legal for Massachusetts. You can also purchase a stripped fixed mag lower receiver and other associated parts to complete compliant rifle or pistol build of your own.

Can you buy a lower in Texas? ›

You do not require any special licensing to purchase or complete an 80% lower in Texas. As the unfinished lower receiver is not yet considered a firearm, according to the ATF, it does not adhere to the same regulations as a gun.

Is a stripped lower considered a rifle in California? ›

CA-Legal AR Rifle Requirements

Stripped lowers are also registered as “Rifles” since even a stripped lower cannot be registered as a “Pistol” in California.

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