What do I need to do to buy this 11.5" upper from a friend?

Discussion in 'NFA/Class 3 & FFL Discussion' started by wmeyer116, Jul 8, 2013.

  1. wmeyer116

    wmeyer116 New Member

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    Hello,

    A friend from the high school I went to, which I still keep in touch with every now and then, is considering selling his Colt 11.5 inch upper receiver.

    He was in the army, and now is in the national guard and police academy. He is scrounging around for some extra cash and is looking to sell it. I'm, 21, he's 21 or 22.

    How do I go a out buying this upper from him? I live in TN, have a handgun carry permit, I'm a law abiding citizen, I want to do it the right way.

    Thanks,

    Will
     
  2. danf_fl

    danf_fl Retired Supporter

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  3. Rick1967

    Rick1967 Well-Known Member

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    Couldn't he just purchase it to be used on a pistol lower? Hey wmeyer, are you wanting to use it as a pistol or a short rifle?
     
  4. Yunus

    Yunus New Member

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    The upper itself is not a registered part. However the ATF website that danf linked to says this.

    So while buying the upper may not be illegal you might be breaking the law if you buy the upper and own a rifle lower without getting the tax stamp.

    In my non legal non expert opinion, better safe than sorry I would get the tax stamp prior to taking possession of the upper.
     
  5. danf_fl

    danf_fl Retired Supporter

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    Good catch Rick!

    The OP was not clear to me.
     
  6. wmeyer116

    wmeyer116 New Member

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    Thank you for the replies! Yes I intend to use it as an SBR. Is there any possible way I could purchase it from him, and then have my local FFL hold it for me until I received the tax stamp from the ATF?

    Thanks
     
  7. danf_fl

    danf_fl Retired Supporter

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    Why not allow seller to hold it? Should something go wrong, then there is no one else involved.

    An FFL will have to have the correct license, and log receipt and disposition in his books.
     
  8. Yunus

    Yunus New Member

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    Do you have someone that you trust that does NOT own any AR-15 lower that could purchase the upper and hold it for you while you wait on paperwork?
     
  9. wmeyer116

    wmeyer116 New Member

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    Hmm, what if they live in the same household as me? haha I'm guessing not. But yeah I have a few friends who have no AR's or AR parts that i could let keep it for a while.

    And also, do I just fill out a form and mail it? Or do I need to go to a FFL to do the paperwork there?

    Thanks
     
  10. BillM

    BillM Active Member Supporter

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    Heck---Cheap stripped lowers are starting to show up again. Could you
    just buy one as a "pistol" on the 4473, and then buy the upper?

    You could then do the paperwork to SBR one of your rifle lowers
    at your leisure. And I do mean leisure--I think the wait is on the
    far side of 6 months currently.

    Forms and such---the upper is not a firearm. I wouldn't advertise
    what it is if you send the money via Pay-Pal, but as long as there are
    no state/local issues to deal with just buy it. Heck--he can drop it
    in a flat-rate box and mail it to you if you want.
     
    Last edited: Jul 8, 2013
  11. Yunus

    Yunus New Member

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    I honestly don't know but even if you could do it yourself I would go to an FFL who can offer experience and guidance on navigating the confusing waters of the BATFE and their processes.
     
  12. Rick1967

    Rick1967 Well-Known Member

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    wmeyer116. Do you already own a lower? If not, not a problem. If you do, you have an issue. If you don't own a lower just don't buy one until you have the paperwork done. If you do own one...well you need to do the paperwork first.
     
  13. wmeyer116

    wmeyer116 New Member

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    I'll go ahead and get the paperwork started then. I do own a lower, and a 16.5 upper. I'll go to my local FFL, they're great guys, and I'll have them help me with the paper work. Thanks again for helping out a SBR newb!
     
  14. string1946

    string1946 New Member

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    You don't HAVE to go through an FFL but it might be better to have one check over the paperwork and not just any FFL but an NFA dealer. I bought a Class 3 firearm from an individual some years ago and I did the paperwork, took the pictures and went and got the Sheriff's aproval and fingerprints and sent it off and had no problems. I got the paperwork back and picked up the gun. BTW the paperworks is going to take about 7 months to get back.
     
  15. wmeyer116

    wmeyer116 New Member

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    Ill just go ahead through my dealer. It will be easier that way anyway. And as to the 7 months, I kinda expected that. Obummer and Firearmageddon we have to thank I'm guessing. Thanks again
     
  16. JonM

    JonM Moderator

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    Unless your local ffl is not an sot they also cant hold it for you if they have rifle recievers and no pistol lower to put it on... same rules apply.

    Friend of mine bought a pistol lower for his shorty 300blk while he is doing the paperwork for an sbr.

    You only need a sot ffl (class3 in common terms) if your transfering an nfa item across state lines. You can do a person to person transfer sans ffl by filling out submitting forms waiting for stamps. Once the stamp shows up its a private sale like any other private sale.

    Now, in your case the upper itself falls under constructive intent. It doesnt matter where you store it. If you have access to it on your own and it isnt logged into an ffl bound book you have access to it. That means if you store it in antarctica under a igloo its still constructive intent.

    Couple things you can do with an item that cannot go into a bound book, either buy a pistol lower to remove constructive intent or dont buy the upper. The pistol lower does not have to be fully assembled. Or best case find a sot dealer in your area willing to help you with storage while your sbring it.

    Keep copies of the papers you submit to the batfe along with the registered mail reciepts. Just in case

    Its a bad idea to buy nfa parts without having the nfa item ready to go.
     
    Last edited: Jul 9, 2013
  17. wmeyer116

    wmeyer116 New Member

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    What do you guys think the actual value of a colt 11.5 inch a2 upper half is? Its in excellent shape.
     
  18. danf_fl

    danf_fl Retired Supporter

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    Approx $600 to $700 is all I would pay.
    (It ain't new.)