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Posted: 1/26/2009 5:50:45 AM EDT
Can stripped lowers be legally purchased outside of your State of residence?  I have checked the ATF website and it has not been updated to say if stripped lowers are exempt from the residency requirement and can be purchased out of State like rifles or shotguns.

I'm in Nevada and it may be less expensive for me to have stripped lowers shipped to AZ or UT and pick them up there since NICS checks are $25 each in Nevada.  I do have a UT CFP in addition to a NV CFP.
Link Posted: 1/26/2009 5:54:26 AM EDT
[#1]
No. They must transfer to a local dealer first, just like handguns. I tried this in NC while on my honeymoon, and I had to have them shipped to a local dealer in my home state.
Link Posted: 1/26/2009 5:56:02 AM EDT
[#2]
Yes it is legal to buy a lower out of state, but it has to be shipped to an FFL in the state you live in.  Someone correct me if I'm wrong.
Link Posted: 1/26/2009 5:57:15 AM EDT
[#3]
Quoted:
No. They must transfer to a local dealer first, just like handguns. I tried this in NC while on my honeymoon, and I had to have them shipped to a local dealer in my home state.
After sifting through the 18 USC 922, I unfortunately have to agree with you.  Now where's the aspirin?

Link Posted: 1/26/2009 6:04:30 AM EDT
[#4]
Quoted:
Yes it is legal to buy a lower out of state, but it has to be shipped to an FFL in the state you live in.  Someone correct me if I'm wrong.
I'm well aware of that.  Two FFLs in the Vegas area receive all of my stuff for me.  95% of my collection is from Buds, auctionarms, gunbroker or some other out of State source.

My question was to take possession of them out of State so I could bypass the bloated Nevada NICS check fee of $25.  It's less expensive if you live near the AZ or UT State line to take delivery of long guns there than in Nevada because we lost our NICS exemption again.

You can only take possession of it out of State if it's being transferred to you as a rifle or shotgun, not a handgun or other (stripped lower, etc.)
Link Posted: 1/26/2009 10:49:26 AM EDT
[#5]
To my knowledge, the NICS check is free.  There is not supposed to be a fee for the check itself.  In fact, isn't that actually written in the law?  Anyway....

What your local dealer is probably charging you for is your use of him, as a FFL dealer, to accept the shipment for you from out of state.  Most FFL's will charge a "transfer fee" for this service.  Here in NC I've seen the fee range from $20 up to $45.  A Concealed Carry Permit, in NC, would allow me to bypass the NICS check, but they'd still charge me for the transfer.

As for driving to another state to purchase, I'm not a lawyer, but I'd bet it varies by state.  I know (and have done so) I can go to GA and buy an AK47 from a dealer and bring it home.  A handgun, NO.  That must be transferred to an FFL in my home state whether I'm buying it in person or on line.  So I guess if a lower was stamped SBR or pistol, the same handgun rule would apply.  I don't have any experience buying a stripped lower in another state, so can't comment on that.  I've only bought them online and had them shipped to my FFL.

Again, this is just based on my experience.  Hope it helps.
Link Posted: 1/27/2009 6:21:51 AM EDT
[#6]
Quoted:
To my knowledge, the NICS check is free.  There is not supposed to be a fee for the check itself.  In fact, isn't that actually written in the law?  Anyway....
NICS check fees vary greatly from State to State.  A majority of them are free as they use the FBI and do not have a State POC.
What your local dealer is probably charging you for is your use of him, as a FFL dealer, to accept the shipment for you from out of state.  Most FFL's will charge a "transfer fee" for this service.  Here in NC I've seen the fee range from $20 up to $45.  A Concealed Carry Permit, in NC, would allow me to bypass the NICS check, but they'd still charge me for the transfer.
States that have their CCW qualifying as NICS exempt varies from State to State.  Nevada has lost their exemption twice.  We have a BDR (bill draft request) in the State legislature to get it back.  I don't know if it will make it out of committee because of certain thorn in the Nevada Assembly Judiciary Committee by the name of Bernie Anderson.
As for driving to another state to purchase, I'm not a lawyer, but I'd bet it varies by state.
Yes it does.  However in the grand scheme of things it is less expensive for me with current gas prices to take delivery of long guns in AZ (Bullhead City or Kingman) or UT (St George) and drive back to Nevada.  I am legal to drive to AZ, ID or UT to buy long guns from an FFL and take them back to Nevada.  I'm NICS exempt in UT for long guns as I also have a UT CFP.  If it's not federally banned, it's legal to own in Nevada.  However, stripped lowers (or other on the 4473) must be purchased in your (declared) State of residency.  The only out of State exemption you have is for long guns.  If it's not a rifle or shotgun, it has to be bought in your declared State of residency.  The only reason I made the inquiry is because it's not clear on the ATFE FAQ if other (stripped lowers) on the new 4473 are exempt from the residency requirement.  They're not.
I know (and have done so) I can go to GA and buy an AK47 from a dealer and bring it home.  A handgun, NO.  That must be transferred to an FFL in my home state whether I'm buying it in person or on line.  So I guess if a lower was stamped SBR or pistol, the same handgun rule would apply.  I don't have any experience buying a stripped lower in another state, so can't comment on that.  I've only bought them online and had them shipped to my FFL.

Again, this is just based on my experience.  Hope it helps.
You're in NC.  NC uses a partial FBI POC plus your CCW is NICS exempt.  States that are not NICS POC are free.  NV isn't one of them.  If you live in one of green States on the FBI CJIS NICS map, you shouldn't be charged for NICS.   If you live in a red State on that map, your State maintains a State mirror of NCIC and you are likely to get charged for a NICS check unless you have that jurisdiction's CCW and it's NICS exempt per BATFE.

What I pay through my FFL dependant upon which one I use is a $15 or $20 per item transfer fee plus sales tax on the transfer fee plus a $25 NICS check.  What applies in Nevada does not apply in North Carolina.  Nevada is one of the most expensive States for State NICS checks west of the Mississippi.  I think only California beats us because all of the other hoops you have to go through there.
Link Posted: 1/27/2009 6:51:09 AM EDT
[#7]
I just got off the phone with our local BATFE audit office. The inspector I talked to said the frame/receiver is treated like the firearm it is intended to be part of. The rules would apply just like a long gun as they pertain to your state. The state in which you are buying must be a state that can sell to your state of residence. This would apply if you were buying a T/C Pro Hunter Frame out of state, so the AR lower is good to go.

The best option for you is to contact the dealer you are wanting to do business with and have them contact their local office to get confirmation. Hope this helps!
Link Posted: 1/27/2009 6:57:17 AM EDT
[#8]
No, only rifles and shotguns can be bought OTC out-of-state, receivers are neither. Receivers also require you be 21, since they are not rifles or shotguns. Check the instructions on the back of the 4473 for more info.

Link Posted: 1/27/2009 7:06:03 AM EDT
[#9]
Ok, I need to call my BATFE office and correct them then.
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