Laws with lowers.

Discussion in 'AR-15 Discussion' started by powell0892, Jun 26, 2012.

  1. powell0892

    powell0892 New Member

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    Just curious I have been hearing a lot of different things and seems there is some gray areas. I understand it that you have to be 21 to buy a stripped lower, however I was talking with local guns store guy about it and he said there was some "gray areas" in that I could order a stripped lower from say spikes or yhm and ship it to him and he could put a buffer tube and stock on it and he could let me pick it up. He also said that since he sales stripped lowers from time to time i could bring my stock and buffer and put it on and buy it. The reason I ask is I am a short distance from being 21 and would like to get one sooner than later. I am in no way trying to do something illegal just trying to understand my options and if this is actually true.
     
  2. HOSSFLY

    HOSSFLY New Member

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    If it has a serial number it has to be shipped to a FFL -
    Don't know about age in all states but buying a modern receiver is the same as buying a complete gun-
     
    Last edited: Jun 26, 2012

  3. c3shooter

    c3shooter Administrator Staff Member

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    Disclaimer- am NOT a lawyer- I am actually skilled labor- but-

    The stripped lower is neither a rifle nor a shotgun. Fed law (18 US Code section 922) says you can buy a rifle or shotgun at age 18. The stripped lower is neither fish nor fowl- it is classed as "other" (Rifles and shotguns are defined as being fired from the shoulder). It COULD be built into pistol or rifle. Once a stock goes on it, it becomes a rifle. It cannot be changed to pistol without doing paperwork with the atf.

    Your LGS is trying to look out for you, and keep you legal (and himself out of hot water)
     
  4. powell0892

    powell0892 New Member

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    I understand but is it legal for me to order a stripped lower and him put my stock on there and then give me the lower or for me to buy a stripped lower from him after he puts my own stock on it.
     
  5. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    Powell, i am not being sarcastic, but if you're a short ways from 21, just wait until then, and it wiil be irrelevent. C3 is correct. a stripped lower or reciever is termed "other". when i purchased my Remington M700 action from Brownells and had it it shipped to my FFL, it was termed, "other". with and AR lower, it can be built either way, and i can see where there could be some confusion. as a rifle and over the age of 18, you're legal, but as a pistol and under 21, you're not. but a stripped lower is a stripped lower. so i am also confused!
     
  6. powell0892

    powell0892 New Member

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    Haha I understand I have been thinking that may be best then I don't have to worry about a darn thing cause it's so confusing
     
  7. c3shooter

    c3shooter Administrator Staff Member

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    Yes- just not legal to transfer it to you AS A STRIPPED LOWER. It will need to be shipped TO a FFL. If the FFL adds the stock, and THEN records the transfer as Rifle, you would be legal.

    Once again- your local gun shop is giving you righteous info.
     
  8. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    Powell, C3 seems to have it nailed down pretty good.
     
  9. powell0892

    powell0892 New Member

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    Sounds great thank you. Just makes me comfortable to hear more than one person tell me that its legal as I would like to stay away from any trouble! Once again thanks for clarifying.
     
  10. texaswoodworker

    texaswoodworker New Member

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    I think he may need to have a manufacturing ffl to do that. I may be wrong though since I know very little about ffls.
     
  11. powell0892

    powell0892 New Member

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    They do put guns together in house so I assume they have one. Good point though I could see that may being an issue.
     
  12. buffalolake

    buffalolake New Member

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    I am an Oklahoma resident who has been working in south Texas. Earlier in the year I attempted to buy a stripped lower, I was informed that you had to be over 21 and a state resident in order buy one. A few weeks later, I went to a second gun dealer and explained the situation. He told me that he could sell me a complete lower, since it would have a stock. He pulled an AR off of the shelf that he had assembled with a Spikes lower, popped the upper off of it, and offered it to me for $275. When he called in the background check, he was informed that he was not allowed to sell me the lower, stripped or completed. They would only approve the sale of a complete rifle.
     
  13. powell0892

    powell0892 New Member

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    Wow interesting I will just wait until my store gets some lowers in so he can assemble it for me so I do not run into any problems with ordering one and being stuck with it but not being able to use it
     
  14. texaswoodworker

    texaswoodworker New Member

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    That's a good idea. I'd tell him what lower and stock/buffer tube you were wanting for it, and have him order them. He could then assemble it and sell it to you. If I understand the law correctly, this is no different from ordering a custom rifle.

    I'd run this by him first. If he has the correct FFLs, then he should know if this is perfectly legal.
     
  15. c3shooter

    c3shooter Administrator Staff Member

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    Tex- if he is doing a lot of them, that would be for the FFL to have covered with his ATF Industry Inspector. From the point of the buyer, different matter.