So I have a question for which I would like a definitive answer.  Does a serialized barreled receiver, such as a Ruger MK11, transfer as an other firearm or as a pistol?  I have, in the past, asked about purchasing a Ruger MK11 upper and was informed by the dealer, more than one actually, it transfers as a pistol.  Now I have been informed by another dealer this is not the case, it transfers as an "other" because it is a serialized barreled receiver and not a "firearm".  Therefore it will transfer with a simple NICS instead of the stupid enhanced back ground check or what ever the hell they call it.  This makes sense to me but I'm not the a member of the alphabet soup family.

I tried to do some searching and really haven't come up with anything that doesn't require hours of research and a ton of gobbledygook with my own inadequate legal interpretation so I thought I would come to the experts here at ARFCOM.  If anybody has regulation references or practical information, I would grateful.

Thanks

It is technically a other if it doesn't have a fire control group (lower part). Imagine buying a AR-15 stripped lower.. Other. AK-47 receiver with barrel, another other.

Now the tricky part which possibly why that FFL wanted to transfer it as a pistol was due to him knowing that you will be building a pistol and he wants to report it to the state as a pistol, making you fill out the pistol transfer application which is now called the firearm transfer application due to adding semi auto's to the form.

Lets say that your firearm gets stolen and recovered. In the WA state system it isn't listed as a pistol.. I don't know what type of consequences there are for this. I haven't done any research on this..

Federally, it's a "firearm" and would transfer as an "other."  However, for the State of Washington, it is a "pistol" due to the language of RCW 9.41.010(26), which states:


Note that it says ANY firearm with a barrel less than 16" is a "pistol."**   AR lowers don't have barrels, thus they are just "other."  Barreled AK action with a 16" barrel?  "Other" by federal standards and not defined by the state, so federal standard controls. Barreled MP5 action with a 5.5" barrel?  Same deal, federally an "other", state "pistol."

Since we have to comply with both State and Federal law, the 4473 should get ticked "other", but a state form for "pistol" would also need to be done.  


**I could also interpret this to mean that an SBR would be covered by one's CPL for concealed carry, and might also exempt one from the requirements of RCW 77.15.460 (no loaded rifles in vehicles.). The state literally says "it's a pistol!", but also says "it's a short barreled rifle!"  Good luck to the individual who wants to test that theory however.....

Thank you both for the input, I believe my question has been answered concerning pistols.  When I was searching I was looking more at the federal level and had a total brain fart concerning the state level.  RCW does specifically state "firearm with a barrel less than 16 inches" and it's been a while since I've read through the RCW.  Hell, it only changes on an annual basis.

For further discussion;

Reading the definition of a rifle.....  These people don't have a clue.  



So, because this is completely vague and very non specific, here are a different scenario.

Would a firearm, which would transfer as an "other" at the federal level and with a barrel greater than 16 inches, fall under the enhanced Washington State rules?  Because it has not yet a rifle and in its current configuration could only be used as a blunt force "weapon" and in its current configuration can not be fired from the shoulder?  I am only slightly familiar with B&T but it is my understanding the serial number is on the upper assembly.



The way I read this almost incoherent language, a shotgun with a rifled bore and the use of a brass case loaded with a single projectile, insertion of the brass cartridge with this single projectile will automatically change the definition of this shotgun into a rifle.  Or is it automatically a rifle because it has a rifled barrel?  If it is automatically a rifle, what would prohibit converting it into an SBR with the appropriate tax stamp?

The definition of a shotgun in this language doesn't even mention a rifled barrel, probably because they don't know these exist.


ETA, I doubt seriously the ATF would approve an SBR on a shotgun receiver, but I could be wrong.

You need to keep in mind that the term 'firearm' has different meanings on the federal and state level

Under state law there's no such thing as a non-firearm pistol

RCW 9.41.010
(12) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder...
(26) "Pistol" means any firearm with a barrel less than 16 inches in length, or is designed to be held and fired by the use of a single hand.

A barreled upper receiver that cannot fire a projectile without additional parts isn't a firearm. If it's not a firearm then it can't be a pistol. Doesn't matter what the barrel length is

Federal law is different

Never heard of it being done before but I don't see an obvious reason why you couldn't

The federal definitions for rifle and shotgun are similar to the state so you should be able to pay for a stamp and put a short rifled barrel on a shotgun and call it an SBR

Thanks for the input everyone. I greatly appreciate it