Not able to buy an AR 15 stripped lower out of state

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KHickam
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Not able to buy an AR 15 stripped lower out of state

Post by KHickam »

Hey Folks;

I am in SD for my summer camp to train bird dogs - and I went in and found a stripped grim reaper lower for $90 and wanted to buy it - realizing that I would have to do the paper work and such - but I was told I could not buy the lower because they are not allowed to sell "pistols" to out of state residents?!!! I saw another lower complete with a fixed butt stock and was told the same thing

What gives with this? I thought AR 15's were rifles :confused5
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Re: Not able to buy an AR 15 stripped lower out of state

Post by recaffeination »

Complete AR15s are rifles (or carbines) but a lower receiver is not.
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G.A. Heath
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Re: Not able to buy an AR 15 stripped lower out of state

Post by G.A. Heath »

KHickam wrote:Hey Folks;

I am in SD for my summer camp to train bird dogs - and I went in and found a stripped grim reaper lower for $90 and wanted to buy it - realizing that I would have to do the paper work and such - but I was told I could not buy the lower because they are not allowed to sell "pistols" to out of state residents?!!! I saw another lower complete with a fixed butt stock and was told the same thing

What gives with this? I thought AR 15's were rifles :confused5
Once it has a stock attached it becomes a rifle, and "once a rifle always a rifle" according to the BATFE. So you should have been able to purchase the completed lower as a rifle. I'm not an FFL so I don't know what the ATF regs on the sale of complete receivers are. You can purchase the lower and have it shipped to a Texas FFL to transfer to you and that would be my advice.
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Re: Not able to buy an AR 15 stripped lower out of state

Post by OldCannon »

Receivers are not rifles.

The reason you're allowed to buy rifles and shotguns out of state is for hunting (and you can't always do that either -- I had a potential customer from FL, couldn't sell him a rifle because of FL's odd background check laws). Items in the "other" or "handgun" category can't be sold directly to out of state residents. My suggestion is to go to whoever that person's website is, order the stripped lower and pay for it, then have it shipped to an FFL near your permanent residence.
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Re: Not able to buy an AR 15 stripped lower out of state

Post by JeepGuy79 »

G.A. Heath wrote:
Once it has a stock attached it becomes a rifle, and "once a rifle always a rifle" according to the BATFE. So you should have been able to purchase the completed lower as a rifle. I'm not an FFL so I don't know what the ATF regs on the sale of complete receivers are. You can purchase the lower and have it shipped to a Texas FFL to transfer to you and that would be my advice.
This has been the understanding of the law for years, but since ATF made a ruling last year (ATF Ruling 2011-4) this has been cleared up. You can in fact turn a pistol into a rifle and then back again. Just do not violate state or NFA laws in the process. Not that it has any influence in this transaction.

In most states you can buy a rifle or receiver out of state. Pistols have a different set of laws. Some places have policy against selling guns to out of state people and they may have just not wanted to sell to you. I tried to buy a shotgun at a Bass Pro in Shreveport, LA one time and they said they could not sell to out of state people. They said they would not even transfer it to a FFL. I asked to speak to a manager and he said the same thing. I told him that in Texas I just fill out a 4473 give him my ID and CHL and walk out with a gun without even a NICS check and he told me I was mistaken. Some people just don't know and some just don't care enough about getting your business. I would deal with someone that appreciates your business.
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Re: Not able to buy an AR 15 stripped lower out of state

Post by OldCannon »

JeepGuy79 wrote: In most states you can buy a rifle or receiver out of state. Pistols have a different set of laws. Some places have policy against selling guns to out of state people and they may have just not wanted to sell to you. I tried to buy a shotgun at a Bass Pro in Shreveport, LA one time and they said they could not sell to out of state people. They said they would not even transfer it to a FFL. I asked to speak to a manager and he said the same thing. I told him that in Texas I just fill out a 4473 give him my ID and CHL and walk out with a gun without even a NICS check and he told me I was mistaken. Some people just don't know and some just don't care enough about getting your business. I would deal with someone that appreciates your business.
True, but a lot of department store policies are very strict, even if the laws are more relaxed. Lots of stores don't want to contribute to the litigation lottery. Also, to be honest, knowing all the laws and state variations is quite a pain, so when you have swiss army employees, the chance for something getting messed up is pretty high.
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Re: Not able to buy an AR 15 stripped lower out of state

Post by CleverNickname »

Rifles have shoulder stocks and rifled barrels. A virgin lower does not have and has never had these, so it's just an unclassified title I firearm. The ban on FFLs transfering guns to out of state transferees only has an exception for rifles and handguns. Any other type of firearm (handgun, an "other" type of title I firearm like a stripped receiver or a PGO "shotgun", a suppressor, a machinegun, etc) can only be transferred to a resident of the same state as the FFL.
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OldCannon
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Re: Not able to buy an AR 15 stripped lower out of state

Post by OldCannon »

CleverNickname wrote:Rifles have shoulder stocks and rifled barrels. A virgin lower does not have and has never had these, so it's just an unclassified title I firearm. The ban on FFLs transfering guns to out of state transferees only has an exception for rifles and SHOTGUNS. Any other type of firearm (handgun, an "other" type of title I firearm like a stripped receiver or a PGO "shotgun", a suppressor, a machinegun, etc) can only be transferred to a resident of the same state as the FFL.
Fixed it for ya :tiphat:
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Re: Not able to buy an AR 15 stripped lower out of state

Post by Richardc »

I have ordered and had many compleat lowers and striped lowers from out of state sent to my local ffl from other ffl's. If there is a law against it im in all kinds of trouble.
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RSJ
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Re: Not able to buy an AR 15 stripped lower out of state

Post by RSJ »

Richardc wrote:I have ordered and had many compleat lowers and striped lowers from out of state sent to my local ffl from other ffl's. If there is a law against it im in all kinds of trouble.
I know of many FFL's that will sell a stripped lower to out of state residents.
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Re: Not able to buy an AR 15 stripped lower out of state

Post by Target1911 »

The OP is talking about being out of state and walking into a gun store. Not ordering one online.
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RSJ
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Re: Not able to buy an AR 15 stripped lower out of state

Post by RSJ »

I've physically seen an Arkansas (or Miss. cant remember) resident buy a lower at a TX gun show with a Arkansas (or Miss.) ID.
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Re: Not able to buy an AR 15 stripped lower out of state

Post by smoothoperator »

RSJ wrote:I've physically seen an Arkansas (or Miss. cant remember) resident buy a lower at a TX gun show with a Arkansas (or Miss.) ID.
Was it a compete lower with a stock (a rifle) or a stripped lower (not a rifle) they sold to a nonresident?
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RSJ
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Re: Not able to buy an AR 15 stripped lower out of state

Post by RSJ »

smoothoperator wrote:
RSJ wrote:I've physically seen an Arkansas (or Miss. cant remember) resident buy a lower at a TX gun show with a Arkansas (or Miss.) ID.
Was it a compete lower with a stock (a rifle) or a stripped lower (not a rifle) they sold to a nonresident?
stripped lower.
I am a TX resident and a local OK FFL said they would transfer me a "nobama" Palmetto State Armory no problem.
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OldCannon
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Re: Not able to buy an AR 15 stripped lower out of state

Post by OldCannon »

RSJ wrote:
smoothoperator wrote:
RSJ wrote:I've physically seen an Arkansas (or Miss. cant remember) resident buy a lower at a TX gun show with a Arkansas (or Miss.) ID.
Was it a compete lower with a stock (a rifle) or a stripped lower (not a rifle) they sold to a nonresident?
stripped lower.
I am a TX resident and a local OK FFL said they would transfer me a "nobama" Palmetto State Armory no problem.
He ain't gonna be an FFL for long then. :nono:

I have to admit that I was once a bit puzzled about this as well. The answer, though, is pretty simple, if the FFL isn't checking "Long Gun" on the 4473, it can't be sold to an out-of-state resident. (and if he's checking "Long Gun" on a stripped receiver, he has MUCH bigger problems)
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