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Raven4031
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Posted: 11/10/2011 12:27:16 AM

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I have never built an AR in any caliber other than 5.56mm, but 300 AAC Blackout is of future interest to me, particularly due to it's ability to use existing 5.56 mags and lowers without modification. In the event that I obtain a Blackout upper, is it illegal for me to place it on a lower marked "Cal: 5.56mm" due to the fact that 5.56mm was/is recorded on the 4473 at the original time of purchase on the lower? I know that I can purchase a lower marked "Cal: Multi", but is this of legal consequence when considering what upper is placed on the lower?
Thanks in advance for any insight.
a308garand
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Posted: 11/10/2011 12:39:30 AM
Not illegal.

It is very good practice to ensure the caliber is clearly marked and visible on the barrel.

You are good to go.
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Raven4031
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Posted: 11/10/2011 10:27:27 AM
Originally Posted By a308garand:
Not illegal.

It is very good practice to ensure the caliber is clearly marked and visible on the barrel.

You are good to go.


Thank you. It makes me wonder why the caliber marking on the lower in the first place, but I suppose they have to put something on the paperwork.
JAD
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Posted: 11/10/2011 9:21:36 PM
Originally Posted By Raven4031:
Originally Posted By a308garand:
Not illegal.

It is very good practice to ensure the caliber is clearly marked and visible on the barrel.

You are good to go.


Thank you. It makes me wonder why the caliber marking on the lower in the first place, but I suppose they have to put something on the paperwork.


Some brands, namely Smith & Wesson, do not caliber mark their lowers.
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sawgunner73
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Posted: 11/12/2011 6:26:01 PM
The dealer you bought it off of should not have put a caliber on the 4473 for a receiver.....it does not have any caliber as no barrel is attached.
Raven4031
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Posted: 1/20/2012 2:46:10 PM
Originally Posted By sawgunner73:
The dealer you bought it off of should not have put a caliber on the 4473 for a receiver.....it does not have any caliber as no barrel is attached.


I agree, the FFL shouldn't have listed the caliber, as it wasn't a complete rifle, but only a lower. However, he did. Which was surprising considering how many ARs they have in the shop. Then again, they don't sell receivers and if they have only/primarily dealt with complete rifles, they may not be aware of the proper practices.
DogtownTom
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Posted: 1/20/2012 5:51:52 PM
Originally Posted By Raven4031:
Originally Posted By sawgunner73:
The dealer you bought it off of should not have put a caliber on the 4473 for a receiver.....it does not have any caliber as no barrel is attached.


I agree, the FFL shouldn't have listed the caliber, as it wasn't a complete rifle, but only a lower. However, he did. Which was surprising considering how many ARs they have in the shop. Then again, they don't sell receivers and if they have only/primarily dealt with complete rifles, they may not be aware of the proper practices.


<––––––FFL
Federal law requires that the dealer record the caliber:
§ 478.124 Firearms transaction record.
(c)(4) The licensee shall identify the firearm to be transferred by listing on the Form 4473 the name of the manufacturer, the name of the importer (if any), the type, model, caliber or gauge, and the serial number of the firearm.

Raven4031
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Posted: 1/21/2012 2:01:41 AM
Originally Posted By DogtownTom:
Originally Posted By Raven4031:
Originally Posted By sawgunner73:
The dealer you bought it off of should not have put a caliber on the 4473 for a receiver.....it does not have any caliber as no barrel is attached.


I agree, the FFL shouldn't have listed the caliber, as it wasn't a complete rifle, but only a lower. However, he did. Which was surprising considering how many ARs they have in the shop. Then again, they don't sell receivers and if they have only/primarily dealt with complete rifles, they may not be aware of the proper practices.


<––––––FFL
Federal law requires that the dealer record the caliber:
§ 478.124 Firearms transaction record.
(c)(4) The licensee shall identify the firearm to be transferred by listing on the Form 4473 the name of the manufacturer, the name of the importer (if any), the type, model, caliber or gauge, and the serial number of the firearm.



Well, what then is standard practice when it comes to un-marked lowers? A generic caliber, it's a non-specific AR15 so it automatically gets a default 5.56mm caliber? I understand that there can't be empty boxes on the form, but if there is not truth to what is on the paper, what's the point?... Wait a second... this is the BATFE, there is no point to half of the stuff done. I forgot who we were talking about for a minute there.
DogtownTom
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Posted: 1/21/2012 11:03:47 AM
Originally Posted By Raven4031:
Originally Posted By DogtownTom:
Originally Posted By Raven4031:
Originally Posted By sawgunner73:
The dealer you bought it off of should not have put a caliber on the 4473 for a receiver.....it does not have any caliber as no barrel is attached.


I agree, the FFL shouldn't have listed the caliber, as it wasn't a complete rifle, but only a lower. However, he did. Which was surprising considering how many ARs they have in the shop. Then again, they don't sell receivers and if they have only/primarily dealt with complete rifles, they may not be aware of the proper practices.


<––––––FFL
Federal law requires that the dealer record the caliber:
§ 478.124 Firearms transaction record.
(c)(4) The licensee shall identify the firearm to be transferred by listing on the Form 4473 the name of the manufacturer, the name of the importer (if any), the type, model, caliber or gauge, and the serial number of the firearm.



Well, what then is standard practice when it comes to un-marked lowers? A generic caliber, it's a non-specific AR15 so it automatically gets a default 5.56mm caliber? I understand that there can't be empty boxes on the form, but if there is not truth to what is on the paper, what's the point?... Wait a second... this is the BATFE, there is no point to half of the stuff done. I forgot who we were talking about for a minute there.


"Multi" or "None" works....but you can't just leave it blank. Another example is the serial number, pre 1968 firearms were not required to have serial numbers. ATF says to enter "NSN" or "No serial number" on those firearms.

Keep in mind that all the information being recorded is to aid in identification of the firearm. If your AR gets stolen, and you had an AR with a .458 upper, yet the receiver says ".223" guess what gets entered on NCIC when it gets recovered?

Many shotgun and bolt rifle receivers do not have the caliber marked on the receiver either.
JAD
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Posted: 1/21/2012 12:28:35 PM
Originally Posted By DogtownTom:
Originally Posted By Raven4031:
Originally Posted By DogtownTom:
Originally Posted By Raven4031:
Originally Posted By sawgunner73:
The dealer you bought it off of should not have put a caliber on the 4473 for a receiver.....it does not have any caliber as no barrel is attached.


I agree, the FFL shouldn't have listed the caliber, as it wasn't a complete rifle, but only a lower. However, he did. Which was surprising considering how many ARs they have in the shop. Then again, they don't sell receivers and if they have only/primarily dealt with complete rifles, they may not be aware of the proper practices.


<––––––FFL
Federal law requires that the dealer record the caliber:
§ 478.124 Firearms transaction record.
(c)(4) The licensee shall identify the firearm to be transferred by listing on the Form 4473 the name of the manufacturer, the name of the importer (if any), the type, model, caliber or gauge, and the serial number of the firearm.



Well, what then is standard practice when it comes to un-marked lowers? A generic caliber, it's a non-specific AR15 so it automatically gets a default 5.56mm caliber? I understand that there can't be empty boxes on the form, but if there is not truth to what is on the paper, what's the point?... Wait a second... this is the BATFE, there is no point to half of the stuff done. I forgot who we were talking about for a minute there.


"Multi" or "None" works....but you can't just leave it blank. Another example is the serial number, pre 1968 firearms were not required to have serial numbers. ATF says to enter "NSN" or "No serial number" on those firearms.

Keep in mind that all the information being recorded is to aid in identification of the firearm. If your AR gets stolen, and you had an AR with a .458 upper, yet the receiver says ".223" guess what gets entered on NCIC when it gets recovered?

Many shotgun and bolt rifle receivers do not have the caliber marked on the receiver either.


Federal Regulations require licensed manufacturers to serialize the receiver and mark ither the receiver or barrel with the their name, location, and caliber designation. Many companies mark the barrel. Some (including certain Marlin and Remington models, as well as certain imported European target pistols) have gotten variences to have the serial number be placed ONLY on the barrel (or slide) as well.
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