Hey guys I'm just a private owner that is looking to sell a Colt AR-15 to someone in New York. To an FFL of course. I am in Texas.

The potential buyer asked that I send the upper and the collapsible stock to his residence and the lower to his FFL.

Does this sound like the proper way to do it? Do you see any problems with this transaction?

Thanks for your help.

Please keep in mind that I am NOT a lawyer, nor have I ever played one on TV, but I think as far as federal law, you would be OK to do this.  New York state law, however may be vastly different, as they are behind the communist curtain.  Maybe someone from New York has some idea....

I just don't seem to understand what difference it could make to the buyer, it is going through the FFL either way.....I don't like the sound of it....JMHO

YMMV

Lon

The upper is just a part, you can send it right to them.  No big deal.

The lower, yes, send to the FFL.  Since it's not attached to an upper, it is neither semi-auto, or single shot, so there should be no issue with the FFL transferring it to them.

If they decide to permanently attach a magazine to the lower before joining it to the upper, that's up to them.

If they decide to remove the gas system from the upper before they attach it to the lower, that's up to them.

Ok guys thanks for those two comments. I agree with what you are saying. I've asked the buyer to contact his FFL and have the FFL send something stating that this transfer is legal.

When you say attaching the magazine to the lower what does that entail? And what's the reason? The buyer said his FFL would do the work.

Thanks.

Well, the whole "assault rifle" status is dependent on it being...

1. Semi-auto
2. Detachable magazine

If it doesn't have both of those, then it's not classified as such.  The lower can be transferred to the buyer by itself, because itself, is not a semi-auto firearm.  Because in the case of this style of rifle, the upper with a proper gas system is needed for it to be semi-auto.  I own a 24" AR, with no gas system, so it's a "bolt action" AR, and is incapable of walking itself into a school.  

I'm not a lawyer, but I have to deal with this crap since, unfortunately, for now, I live here.

Well I do appreciate the input and am comfortable with this deal.

Going to send the upper and collapsible stock to the buyer and the lower to his FFL after I get a copy of the FFL.

Appreciate the help.

I've contacted dealers in NY before. It is legal to ship to them per my understanding,  then it is up to the to ensure everything else meets State law requirements.

So, in New York, my Ruger 10/22's would be considered "assault rifles"?  That is some moronic shiite.......

FWIW, I think 22lr is exempt from the ny definition.

You’re shipping to an FFL and not a buyer.  The rifle you are shipping won’t be compliant but perhaps his FFL will make it so.  They can’t have the pistol grip so they put this odd palm swell stock on them.

A collapsible stock is NOT illegal to own in NY - it's a stock, nothing more - you can send that to him - he can buy it from Midway, Brownells or any other online vendor.  

A upper is also NOT illegal to own in NY - the barrel length also does not matter, 10.5, 12, 14.5 pinned or not, 16 whatever - they are all just PARTS and just about any online vendor will send any barrel length upper to NY.  It is the end users responsibility to know the laws and recognize that once it's attached to a lower he/she is responsible for the outcome.

The lower is the serialized firearm and that NEEDS to go to his FFL.  He will fill out a 4473 before he is allowed to take it from the FFL.  Bottom line - it is then up to his FFL to make the lower compliant for the transfer to the buyer.  You the seller have ZERO liability if you send the lower to an FFL.  It's transferred in to the FFL's books and then out to the buyer - in a compliant form.  

Making a lower compliant in NY is simple.  There are several manufactures who make the parts to pin the mag in the magwell.  Thats all it takes.

Wrong.

Yes, if they also had one of these:

Thumbhole stock
pistol grip
threaded barrel
flash suppressor
muzzle "break" (yes, break)
bayonet lug
telescopic stock

If it was the whole rifle.  But a complete lower is not a whole rifle.  It's a frame.

Correct.  

Wrong

Haven't checked lately, but tube fed 22lr were exempt from the capacity restrictions, but that was all.  So a Marlin Model 60 was ok even thought it has a 14 round magazine (also not detachable).

Ruger 10/22 are assault weapons in NY if they have banned features or are the wrong shape.

Check with the FFL you plan on using on the receiving end.  Some get wiggy getting a stripped lower, as sometimes the powers that be say those can accept assault weapon parts. Others prefer getting a stripped lower as it removes any possibility of it being an assault weapon.

Don't try to understand the laws, they are intentionally designed to be impossible to understand.