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Nics denied me today?.
1/3/2012 9:25:42 PM
NY resident but Mississippi native home for holidays. Had a spikes lower shipped in in to Mississippi todayat a local shop. They called in and I was denied transfer because I am out of state and lower was classified as other and "could" be built into pistol.
Wtf?
What a pain.
I thought that at lower was classifies as long gun. Shop says other / receiver. Any feedback?
Wtf?
What a pain.
I thought that at lower was classifies as long gun. Shop says other / receiver. Any feedback?
1/3/2012 9:28:39 PM
Receiver is "other" on the 4473, you can only buy them from dealers in your state of residence.
1/3/2012 9:29:10 PM
A stripped lower is classified as "other".
This can only be purchased in your state of residence.
This can only be purchased in your state of residence.
1/3/2012 9:34:07 PM
Thanks.
I'll have it shipped to my dealer in ny. That blows as I had all other parts here to assemble.
I'll have it shipped to my dealer in ny. That blows as I had all other parts here to assemble.
1/3/2012 11:31:27 PM
It does seem a little unreasonable since according to my local dealer you have to declare when picking it up what it is going to be made into.......
1/4/2012 12:07:40 AM
Originally Posted By Casper507:
It does seem a little unreasonable since according to my local dealer you have to declare when picking it up what it is going to be made into.......
It does seem a little unreasonable since according to my local dealer you have to declare when picking it up what it is going to be made into.......
Not in about 4 years. For a long time, ATF policy was that the 4473 should reflect the intended use of the virgin receiver. However, the interpretation was corrected in 2008 to reflect the reality that a receiver (and a wide array of other firearms) are neither handguns nor rifles/ shotguns as defined- hence the inclusion of the 'other' catagory on the 4473.
Even if the receiver could only be made into a rifle- either because of practice realities (e.g. parts availability) or legal encumbrances (e.g. it is from a parted out rifle, that was not originally a pistol) it is still an other.
They called in and I was denied transfer because I am out of state and lower was classified as other and "could" be built into pistol.
Wtf?
What a pain.
Wtf?
What a pain.
They shouldn't have wasted their time calling it in- they should have known you would be denied as a non-resident.
1/4/2012 10:30:52 AM
Originally Posted By JAD:
They shouldn't have wasted their time calling it in- they should have known you would be denied as a non-resident.
They shouldn't have wasted their time calling it in- they should have known you would be denied as a non-resident.
This. FFL's should be very well aware by now that 'Other' firearms are not transferable to non-residents.
The way the 1968 Gun Control Act reads, a firearm can not be transferred at all from a dealer to a non-resident, and then the law makes the sole exemption for long guns. A lower receiver is not a long gun or a handgun, it is an Other firearm.
1/4/2012 6:00:55 PM
Would attaching a stock make the issue go away, since it would then be a rifle?
1/4/2012 6:11:09 PM
Originally Posted By amaixner:
Would attaching a stock make the issue go away, since it would then be a rifle?
Would attaching a stock make the issue go away, since it would then be a rifle?
No.
A rifle has both a barrel and a buttstock..........attaching a buttstock to a lower makes it a lower with a buttstock, not a rifle.
1/5/2012 9:04:04 AM
Originally Posted By DogtownTom:
No.
A rifle has both a barrel and a buttstock..........attaching a buttstock to a lower makes it a lower with a buttstock, not a rifle.
Originally Posted By amaixner:
Would attaching a stock make the issue go away, since it would then be a rifle?
Would attaching a stock make the issue go away, since it would then be a rifle?
No.
A rifle has both a barrel and a buttstock..........attaching a buttstock to a lower makes it a lower with a buttstock, not a rifle.
The FFL also needs to be licensed as a manufacturer and not a dealer, as the gun would have come into his books as a receiver and then go out as a rifle.
1/5/2012 10:19:29 AM
Originally Posted By DogtownTom:
No.
A rifle has both a barrel and a buttstock..........attaching a buttstock to a lower makes it a lower with a buttstock, not a rifle.
Originally Posted By amaixner:
Would attaching a stock make the issue go away, since it would then be a rifle?
Would attaching a stock make the issue go away, since it would then be a rifle?
No.
A rifle has both a barrel and a buttstock..........attaching a buttstock to a lower makes it a lower with a buttstock, not a rifle.
OK. So if someone buys a complete lower, with stock, it would be categorized as a title 1 firearm, and they could then remove the stock and build a handgun? Or are there even more convoluted ATF policies that screw that up also?
1/5/2012 1:23:13 PM
Originally Posted By amaixner:
OK. So if someone buys a complete lower, with stock, it would be categorized as a title 1 firearm, and they could then remove the stock and build a handgun? Or are there even more convoluted ATF policies that screw that up also?
Originally Posted By DogtownTom:
No.
A rifle has both a barrel and a buttstock..........attaching a buttstock to a lower makes it a lower with a buttstock, not a rifle.
Originally Posted By amaixner:
Would attaching a stock make the issue go away, since it would then be a rifle?
Would attaching a stock make the issue go away, since it would then be a rifle?
No.
A rifle has both a barrel and a buttstock..........attaching a buttstock to a lower makes it a lower with a buttstock, not a rifle.
OK. So if someone buys a complete lower, with stock, it would be categorized as a title 1 firearm, and they could then remove the stock and build a handgun? Or are there even more convoluted ATF policies that screw that up also?
Once a rifle, always a rifle but you can get an AR pistol, put(in this exact order)a rifle upper on it. Then put a stock on it and you are legal. to go back to a pistol, Remove the stock first, then the rifle upper. Perfect sense isn't it
1/14/2012 12:08:32 AM
Can't you also only buy a long gun in neighboring states?
1/14/2012 12:50:53 PM
Originally Posted By AASG:
Can't you also only buy a long gun in neighboring states?
Can't you also only buy a long gun in neighboring states?
State laws may vary, but under federal law you can buy a long gun in any state.
1/14/2012 6:19:26 PM
Originally Posted By AASG:
Can't you also only buy a long gun in neighboring states?
Can't you also only buy a long gun in neighboring states?
That was the original law post '68 GCA, but it was amended some time ago. Now you can buy a long gun from an FFL in any state so long as both state laws permit it.
1/14/2012 6:28:54 PM
Picked up the lower in Home State yesterday. built it last night! All is well.
Glad they saved me from buying in it Mississippi and taking it to NY.. HAHA
Glad they saved me from buying in it Mississippi and taking it to NY.. HAHA
