Former ATF Agent at Center of Legal Dispute on AR15 Part

...a MUST READ!

'...making up the laws as they go along?' Civics #101--ONLY Congress Critters make them laws.

H/T: WRSA
ATF Should Be A Chain Of General Stores

The serialized part on the Ruger MK series is not a receiver either from what I've read. It does not contain all the components required for a firearm receiver. ATF making up nonsense regulations.

Sounds like a way to get those firearms banned as not compliant

Or it could bring about a new definition that could require serial numbers and 4473s for both uppers and lowers since both are required to fit the existing definition.  Maybe a requirement that they be sold together?  I'm not a lawyer so it is a bit beyond me what to expect other than something will have to be changed.  It's far more than AR-15s that could be affected by a change.

I'm of the "stick to the devil you know" mindset here and I hope that the solution will be a redefinition which allows the current understanding of the lower being the "firearm" and serialized part to continue.  It would really suck if the fix for this made it illegal to swap uppers on a single lower...

It was a interesting read, thanks for posting that BeNotAfraid.

My pleasure, Brother!

We're law-abiding, but sure as Hell the crooks and criminals are NOT! The argument about all this malarkey keeping "dangerous weapons away from criminals," is specious. They are CRIMINALS--by definition, they do not give a fig for laws.

Best case the law can be changed to match the current regulation, worse case the regulations will be changed to match current law, i.e., require more serialization.  My money is on worse case.

That is what worries me too.

If I go to fin feather fur or something, do they sell stripped lower receivers only?  When they sell them, do you need to get a form 4473?

And they are classified as other and not rifle at this point.  Then you can build it however you want and define it.

If there isnt a 4473 and you take an 80% lower and build a rifle or pistol out of it.  How do you register it?

What is the article in the OP saying and how does this relate to Ohio on vs Federal, I am trying to connect this.  I read it as they defended that the lowers were not receivers and were cleared.  But when you buy a stripped lower, you still register it.  This must be manufactures only?

EDIT

I think I am confusing stripped lowers with 80%, right?  80% isnt stamped or drilled.

I agree. It's one of those deals where you try to pull a "gotcha", then as a result they change the rules and it screws us royally.

You don't have to "register" an 80%. Just finish it (holes, pocket, etc) and use it as you see fit (NFA laws notwithstanding). No 4473 required.

Answers to your questions are above in red.  I don't have a legal background so take this all with a grain of salt. better answered in crazyelece's post directly below this one.

1. Any FFL selling stripped lowers will have to complete the 4473 as BATFE considers them a regulated part

2. A stripped lower is considered a "firearm" by federal definition and BATFE ruling. It should be marked as other on a 4473, but if the FFL messes it up and marks as something else it doesn't change what it is, how it is perceived, or what you can do with it. You can build out a stripped lower however you'd like, rifle, pistol, shotgun, SBR, etc. but realize the consequences of that decision as well as any requirements that go along with it (ie. registration for a SBR).

3. 80% is a term made up by the industry, there is no federal definition of what a 80% is. BATFE has the say on what is and is NOT a firearm. If a sample is submitted to BATFE, and they deem that sample to not be a firearm, it is treated like any other thing in this world that isn't a firearm. It is also legal to make a firearm for yourself without the need for any federal licensing (and thankfully here in OH without any state as well). Since a FFL isn't required, the rules governing FFLs on how to mark, document, etc. firearms don't apply to an individual making a firearm for themselves. Once the firearm is made, it is treated like any other firearm. All the normal rules apply after this. You can decide that it no longer interests you (or any reason) and sell it. No extra markings are required. BATFE kindly requests some kind of markings to help identify it, but it is NOT a requirement. The only way a homemade firearm would need registration and markings is if it was used in the creation of a title 2 weapon (ie a SBR). In doing so, there are extra rules that apply to a "maker" (someone not licensed as a manufacturer) that have to be followed which include registration and marking informaton.

4. The article in the OP is referencing a federal court decision. The defense argued that the lower receiver did NOT meet the federal definition of "receiver", and therefore the defendant only had possession of firearm parts and not a "firearm", and therefore would NOT be guilty of "possession of firearms under disability". BATFE is the sole entity in charge of both interpreting and enforcing the federal firearms laws. Their decisions and rules can only be overturned by the courts. This can happen both defensively such as this court case, or offensively such as the Thompson vs US case that went all the way to SCOTUS. This decision will have consequences, but not in the short term. I'm sure it will be further appealed. Those consequences could be good or bad, but hindsight and history usually don't favor good consequences in a defensive win over BATFE. We will have to wait and see what the fallout of the decision becomes. For now the only benefit I see in the short term is it allows felons to be in possession of regulated parts without penalty - and that is not a good thing for everyone else. The bad apples always ruin it.

5. Stripped lowers are totally different from "80%". Again 80% is a marketing term and basically anything not a firearm can be called an 80%. It has nothing to do with the percent of work completed. For example a raw forging with dimples where the trigger pin is to be drilled, already has enough work completed to be a receiver and therefore a firearm in the eyes of BATFE. In the eyes of BATFE something either is a firearm or it isn't, there is nothing in between.

Sorry, I know it's a lot of text, but there was bad and/or confusing info in the earlier responses so there is no tl,dr to sum it up. If anything is confusing just ask

I've removed most of my answers as I learned that a lot of them were either incomplete or wrong from the post above.

Thanks @crazyelece that was a great post!