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Federal law requires a person to buy an "other" or frame or receiver or handgun in their own state of residence.

[Edit, I should have said "take possession of" as opposed to the financial transaction of buying.]
 
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Ok no. Wrong answers above - sorry - but wrong.

If we are talking a long gun (rifle or shotgun) lower, and the "lower" is the part that is considered a firearm, then per federal law, a person can buy it in any state they wish, as long as:

1) They are not a prohibited person.
2) They comply with the laws of the state they are purchasing in and the laws of their state of residence.
3) They do the transfer process thru an FFL.

Cite:

Generally, a firearm may not lawfully be sold by a licensee to a nonlicensee who resides in a State other than the State in which the seller's licensed premises is located. However, the sale may be made if the firearm is shipped to a licensee whose business is in the purchaser's State of residence and the purchaser takes delivery of the firearm from the licensee in his or her State of residence. In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee's business premises is located in an over–the–counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.

[18 U.S.C. 922(b)(3); 27 CFR 478.99(a)]


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I and many others have purchased "long guns" in states where we are not a resident, when the transfer was done thru an FFL.

For handguns, the transfer must be done in the state of residence of the purchaser.

I cannot speak to lowers classified as "other".

There are a number of reasons to come to Orygun, from WA, to purchase long guns here.
 
"Just the lower" as the OP asked, should be sold as an "other" or "frame or receiver" on the 4473, not as a rifle. A frame or receiver is not a rifle simply because it could be used to build a rifle.
 
I think it depends on whether the lower was originally sold as a rifle, or first configured as a rifle. Or maybe it was never configured as either a rifle or handgun - yet.

E.G., you buy a complete AR rifle, that did not start out as a handgun and was not a handgun before it was a rifle. Or you buy a lower as a rifle. In the eyes of the ATF, that is a rifle, not a handgun and it can never be a handgun - if you put an upper on it that has a barrel shorter than 16", then it is an SBR.

A bit of confusion is possible there; e.g., an FFL decides to designate a rifle lower (as I just described above) as "other", then a buyer configures it as a handgun - ATF still sees that lower as a rifle.

If someone buys a lower as "other" then configures it first as a handgun, they can go back and forth between handgun and rifle designation (as long as they stay within GCA/NFA laws), and can later sell the lower as "other" or "handgun" or "rifle".
 
The configuration it was originally assembled in determines whether it can be assembled as a pistol , but the definition of "rifle" or "shotgun" depends on its current physical configuration.
 
I am a WA resident and tried that once in OR.

It was a no go. Because it could be made into a rifle or pistol. Officially an "OTHER".

However.....
The OR shop said that I might be better off just buying it in WA. Or.......I could pay for the receiver now. He could have it taken over the border. Once in WA.....the WA FFL will also collect for his FFL services (and maybe a tax too). And of course, I could actually pick it up (take physical possession) when the WA FFL cleared it.

Anyway....
For me at the time.....
It was just cheaper for me to buy it in WA and give The WA King his due.

Aloha, Mark
 
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The configuration it was originally assembled in determines whether it can be assembled as a pistol , but the definition of "rifle" or "shotgun" depends on its current physical configuration.

True. Which is why I stated I was unclear on the regs/laws if the lower was classified as "other".

BUT - if the lower was originally configured as a rifle, and never configured as a handgun, it can never be a handgun, it will always be a rifle in the eyes of the ATF - THAT is the law. As I mentioned before; the example being where someone buys a new complete rifle from the retailer/FFL, the lower for that rifle is always going to be a rifle - it can never legally be "other" or a handgun. Never. Always a rifle.

So it just depends on what the OP means when he/she says "lower" - it is unclear to me - i.e., we are assuming too much. I have a number of lowers that fit that description (that will always be a rifle because that is how they were manufactured and sold originally).
 
That's not correct. If a lower starts out as a rifle, meaning it fires a projectile through a rifled barrel and is designed to be fired from the shoulder, that assembled firearm is a rifle. The reason that lower cannot be modified to be a pistol is because the definition of short barreled rifle includes firearms with barrels under 16" or overall length under 26" made from a rifle. That is a wholly separate issue from the question of whether a stripped lower sitting in a shoebox is a rifle, shotgun, handgun or other. While sitting in the shoebox the lower receiver does not have a rifled bore and is not designed to be fired from the shoulder.
 
That's not correct. If a lower starts out as a rifle, meaning it fires a projectile through a rifled barrel and is designed to be fired from the shoulder, that assembled firearm is a rifle. The reason that lower cannot be modified to be a pistol is because the definition of short barreled rifle includes firearms with barrels under 16" or overall length under 26" made from a rifle. That is a wholly separate issue from the question of whether a stripped lower sitting in a shoebox is a rifle, shotgun, handgun or other. While sitting in the shoebox the lower receiver does not have a rifled bore and is not designed to be fired from the shoulder.

Try telling that to the ATF. If the lower came from the factory configured as a rifle, it will always be a rifle lower no matter how many parts you strip from it. If they do a trace back on the lower serial number, it will come back as a rifle. You cannot take a rifle receiver like that and make it into a handgun - it will be an SBR.

Only if the lower is sold originally (when it comes from the manufacturer) as "other" or "handgun" will the receiver be legal to be configured as a handgun.

Same goes for a shotgun; you cannot strip the receiver down to almost nothing and then make a "firearm" (e.g., Shockwave, Tac-14) out of it. It was once a shotgun, it always will be. That is why the manufacturers start with a receiver that has never been configured as a shotgun and the only way the ATF allows it to be a "firearm".

There is a LOT of court precedent and regs/etc. on this.

So again, it depends on how the lower started out and again, the OP is not clear on what he/she means when stating "lower receiver".
 
Try telling that to the ATF. If the lower came from the factory configured as a rifle, it will always be a rifle lower no matter how many parts you strip from it.
If it's bought as part of a factory made rifle, or was ever assembled as such, I believe that's true. I also think, but am not sure, that it's incorrect to buy a "virgin" stripped lower as anything but other. Would love to see a definitive answer on that just as a matter of curiosity.
 
Try telling that to the ATF. If the lower came from the factory configured as a rifle, it will always be a rifle lower no matter how many parts you strip from it. If they do a trace back on the lower serial number, it will come back as a rifle. You cannot take a rifle receiver like that and make it into a handgun - it will be an SBR.

Only if the lower is sold originally (when it comes from the manufacturer) as "other" or "handgun" will the receiver be legal to be configured as a handgun.

Same goes for a shotgun; you cannot strip the receiver down to almost nothing and then make a "firearm" (e.g., Shockwave, Tac-14) out of it. It was once a shotgun, it always will be. That is why the manufacturers start with a receiver that has never been configured as a shotgun and the only way the ATF allows it to be a "firearm".

There is a LOT of court precedent and regs/etc. on this.

So again, it depends on how the lower started out and again, the OP is not clear on what he/she means when stating "lower receiver".
There is no need to tell the ATF anything because by following the law the person is abiding by more restrictions not fewer (in this case refraining from buying (taking possession of) a stripped lower in a state other than the state of residence). The ATF would be happy, not unhappy, that the Washington resident went back to Washington to acquire the lower receiver instead of trying to acquire it from an Oregon dealer.
 
There is no need to tell the ATF anything because by following the law the person is abiding by more restrictions not fewer (in this case refraining from buying (taking possession of) a stripped lower in a state other than the state of residence). The ATF would be happy, not unhappy, that the Washington resident went back to Washington to acquire the lower receiver instead of trying to acquire it from an Oregon dealer.

I don't necessarily disagree - somewhat.

They do know very quickly from the manufacturer about the individual firearms they manufacture, as I believe those are logged into the ATF quickly? But over the counter transfers - the ATF doesn't really care as they don't find out about transfers until the FFL turns in their log books, or the ATF has to do a trace due to a crime.

It is a long shot that someone would get into trouble over the rifle vs. handgun issues, but it isn't worth the risk IMO. Just trying to be clear about some of the issues so that a person who buys a lower knows what to ask about the lower, especially if has been owned by a private party.
 
If it's bought as part of a factory made rifle, or was ever assembled as such, I believe that's true.

Correct. Those are the only lowers I own - ones that have come assembled, either as a rifle or handgun. I have not purchased or sold any "others".

I also think, but am not sure, that it's incorrect to buy a "virgin" stripped lower as anything but other. Would love to see a definitive answer on that just as a matter of curiosity.

I think that a "virgin" AR/et. al. type lower would be sold as an "other", but I have not dug into that, nor do I have the experience - so I can't speak to it.

Now something like a Glock pistol lower, would be a handgun - I would think.

80% lowers are something else altogether and not yet subject to federal laws.
 

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