O.k. here's the deal. Finally got my PSA stripped lower for my pistol build. Had to use a a FFL that I've never used before because of my normal one moving. Whenever I've ordered a stripped lower in the past the FFL marked it as "other". That was what I expected this one to do. While he was calling in, he marked on the form and stated to the ATF  " long gun"  When I interrupted he said it didn't matter. Once all the checks were complete , at the end of the form he wrote in " rifle" . I asked if this meant it was now designated to be a rifle ?  he said no and that he was required to mark it a rifle and that " they " wouldn't let him mark it any other way. My other FFL had no such problem. How screwed am I on using this lower as a pistol ??  He said it didn't matter what was on the form ??  I searched the net but all answers were a few years old and inconclusive for me.

Let us know how your "rifle" build goes.

Honestly, i have no idea, I buy off paper anyways, never bought one with all that goofy options of rifle, pistol, or other.

- FFL is an idiot, not following the directions that are on the frigging 4473 itself, and you should get in touch with your regional ATF field agent about it to "educate" him, and make him revise the 4473 after the fact.

- he's right in a way, though, in that what an FFL puts on a 4473 either correctly or incorrectly does not actually determine the legal classification of a firearm, nor the legality of future configuration of it. It could however possibly be a red flag in the chain of investigation in the uber unlikely event that one was ever instigated.

- OS

That FFL is an idiot. It's clear as day that a stripped receiver is not a long gun on the 4473. Unless you're in California.

It won't make a difference - just assemble it as a pistol and take pictures,

It's not a long gun on 4473 in California either. It's a federal form, same for all states. States can call it anything they want on their own registration systems.

- OS

This is from 2011, but I still see the disclaimer on multiple website that sell lower receivers - while it's not technically long gun on the 4473, California is fucked up so they may transfer it as one anyway




See example here

I have no answer or explanation for that. There is no provision for exceptions under federal instructions for the 4473, including California. Since 8/2008, all receivers are to be marked as "other firearm" on 4473, even receivers than can only be made into rifles.

- OS

It shouldn't matter but I would definitely call the ATF so that he is educated on how to fill out forms.

OP, don't feel bad about asking questions. For every question asked there are probably a dozen guys that also wanted the answer.
I know that I look through current threads if I'm looking for info.

Actually, I don't have good news for the OP. When it was called in as a long gun it has been designated by it's serial number to be a rifle. Legally speaking it now has to be built as a rifle. If it had been called in and designated as a handgun it could be built either way. You can change a pistol into a rifle but not a rifle into a pistol. Stripped lower receivers are supposed to be called in as "other" then the owner chooses what to build from it. Again though, if it gets built as a carbine first it's illegal to then change it to a pistol configuration. If it's built as a pistol you can change the upper and stock to a carbine and change it back to a pistol whenever you want. Yes, the ATF is rather screwed up with this, but that is the way the actual laws read. We can all blame the stupid Gun Control Act and the subsequent Brady Act.

States have thrown their own wrenches into the works also. Some states ban AR pistols completely. In Michigan an AR pistol can't be over 26.1" of overall length or they classify it as a SBR.

So, because of the way it was called in I seriously recommend that the lower receiver gets built as a carbine. Do something different with it if you already have a .223 AR. Build it in .300 Blackout, 6.8 SPC, 6,5 Grendel  or 7.62x39. Just build it as something you don't already have. Then buy another stripped lower receiver and get it called in right for the transfer to build a pistol from it. If you violate the gun laws and the ATF ever comes knocking then you'd lose all your guns, your right to own guns and spend a good 10 years in one of Uncle Sam's crossbar hotels.

Horse pucky.

You reckon if a FFL "designates" your Glock as a "long gun" you can put a stock and a forward grip on it? How about he "designates" your 10/22 as a "hand gun", then you can cut the barrel down to 6 inches and add a pistol grip? Yeah right.

The classification of the firearm is determined by it's actual state as configured at first retail sale. Even a correct designation does not determine how you may configure  it, let alone an incorrect one. A used lower, for example, is to be notated as "other firearm", just like a virgin one, but it would not be legal to make a pistol from it if it had actually began life as a rifle.

I'll repeat, what an FFL puts on a 4473 either correctly or incorrectly does not actually determine the legal classification of a firearm, and/or the legality of future configuration of it.

I am not shocked that the OP said his FFL marked the lower as "long gun" in field 18, but he says he also wrote "rifle" in field 29, rather than "AR receiver", "AR lower" or whatever -- I would think that would be seen as an outright lie, and subject to have FFL revoked, and doubly so if he entered it in his bound book the same way.

- OS

I got my stripped lower from Cheaper Than Dirt! and the guys said even if they sold a complete lower with a stock attached it has to be designated as "other".  I think you got hold of a guy that didn't know what they heck he was doing.

I called our nearest ATF office and spoke to a agent that flat out said the guy did not know what he was doing ( and would be contacting him about it ) He also said that even though
it was called in as a long gun ( 18 ) and rifle ( 29 ) that is does not matter. What I have is a virgin lower than has never been assembled as a rifle so I can do as I please with it. He said the paper work the FFL filled out will never leave the building and that for the most part that was more for the back ground check than anything else. ( kept his name and number for future reference.) Thank's for the replies.

Good info.

Not sure what that other guy is talking about. Pretty sure the serial number doesn't get used whatsoever during the background check call. Also, the records in that system are purged, so no lasting effects (again, supposedly).

The paper will possibly leave the building. If they take all his records, which could happen for a few reasons, it still wouldn't affect you.

Here's something I personally don't believe, but if you didn't have any criminal intent and they knew it was a mistake on the FFL holder's part, they wouldn't go after you. (lol, unless they wanted to get you).

Not that this will help but I'll put it out there. In WI we call the state for a hand gun check not NCIS or the fed. Doing it this way you have a paper trail from the state with the serial number transferring it as a pistol. Total different paperwork for rifle vs pistol.

TN is similar, goes through TBI first,  and serial number is transmitted for stolen firearm record also. But of course WI and TN do both also go through federal NICS, since that's federal law.

At any rate, though, the 4473 is to be filled out the same in all states and same info transmitted to NICS. You have additional state pistol registration and whatever up there, we don't.

- OS