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Old 01-15-2010, 10:28 AM   #1
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Default Out-of-state lower transfer

A buddy of mine at work is building an AR. The upper he has is NOT New York State legal -- it has a bayonet lug and a removable brake. So he can't put it on a post-ban lower without it being an illegal firearm. His son in West Virginia has a pre-ban lower and my friend wants to buy a post-ban lower and trade lowers with his son. That way, he'll have a pre-ban rifle that is legal.

Should he go through an FFL since it's an out-of-state trade? Would they both need FFLs to handle the transfer?

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Old 01-15-2010, 12:38 PM   #2
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I believe the short answer is yes. If the lowers are shipped interstate they must go through FFLs. If it is FTF it is OK.

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Old 01-16-2010, 12:46 AM   #3
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Originally Posted by bkt View Post
A buddy of mine at work is building an AR. The upper he has is NOT New York State legal -- it has a bayonet lug and a removable brake. So he can't put it on a post-ban lower without it being an illegal firearm. His son in West Virginia has a pre-ban lower and my friend wants to buy a post-ban lower and trade lowers with his son. That way, he'll have a pre-ban rifle that is legal.

Should he go through an FFL since it's an out-of-state trade? Would they both need FFLs to handle the transfer?
Before going through all the trouble I would recommend that you double check the NY definition of pre-ban firearms. In some instance pre-ban is simply a configuration that include said "evil black gun" features. Some states require that a true pre-ban, subject to grandfathering, would had to have been assembled from parts maunfactured prior to the Oct 1994 ban date.
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Old 01-16-2010, 10:37 AM   #4
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Before going through all the trouble I would recommend that you double check the NY definition of pre-ban firearms. In some instance pre-ban is simply a configuration that include said "evil black gun" features. Some states require that a true pre-ban, subject to grandfathering, would had to have been assembled from parts maunfactured prior to the Oct 1994 ban date.
That's a good point. There is some confusion over whether the lower determines the legality of a rifle (pre-ban/post-ban status) or if the entire rifle -- upper and lower, stock, etc. -- had to be assembled as a unit prior to 1994.

Assuming it's the lower that determines that status of a rifle in NY, I wondered about getting it from WV to here. FTF sales are legal and require no FFL if the two parties are in the same county. I wasn't sure if there was an exception for immediate family selling or trading long guns who don't live in the same county.
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