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Sorry to revive an old thread, but I think this is an interesting question considering 114 as I personally will never apply for a permit to buy or register anything.

As an FFL can I order a rifle, keep the upper and resell the lower? I've never had to deal with this before...

The "once a rifle always a rifle" thing is confusing.
If it comes as a complete rifle from the seller/manufacturer - it is always going to be a rifle in the eyes of the law, regardless of what upper you put on it later.

It will be interesting when the Gen 12 hits the market and people buy those uppers - legally, is it then a shotgun if you put it on a rifle lower? Or is a DD because of the bore size (greater than .50")?

Personally, for the price, I would get the Gen 12 with their lower because:

1) I could get it as a "firearm" (like a Shockwave)
2) No question as to legality.
3) Genesis only guarantees fit, not function if you don't use it with the Gen12 lower.
4) At $2K+, the complete shotgun is only $600-$800 more than the upper alone - that would be make it worth the extra cost when you take #1, #2 & #3 into account.
 

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