Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login

Posted: 5/17/2005 9:10:52 AM EDT
I was talking to a guy at the gunshop the other day about buying a few receivers. I wanted to know if I could order 2 lowers and have the paperwork say "stripped lower" instead of rifle or pistol. He says it has to be one or the other.

I was sure I saw someone else here say that its possible to get them this way

He also said if the stripped receiver is marked as a pistol it'd have to be shipped overnight. Is this true even though its not a complete pistol. I'm sure the guy knows what he's talking about, but I was certain that I read different on here and wanted to know about your personal experiences.
Link Posted: 5/17/2005 9:03:42 PM EDT
At the time the receiver is completed the type 7 must assign a serial number and log the receiver in there bound book as either a pistol or rifle. If it is a pistol it must be shipped over night regurdless if it is stripped or not. Remember the ATF considers the receiver the firearm. The only time the issue of the receiver status (stripped or not) comes into play is when the type 7 must pay the federal excise tax on assembled firearms.
Link Posted: 5/17/2005 9:28:17 PM EDT

Originally Posted By misterjg:
At the time the receiver is completed the type 7 must assign a serial number and log the receiver in there bound book as either a pistol or rifle. If it is a pistol it must be shipped over night regurdless if it is stripped or not. Remember the ATF considers the receiver the firearm. The only time the issue of the receiver status (stripped or not) comes into play is when the type 7 must pay the federal excise tax on assembled firearms.



This may sound like a stupid question to some.
What if the "type 7" assigns a serial number and logs the receiver in ther bound book as a rifle, and a dealer later sells that receiver as a pistol? Is that legal? Is the customer in for it, and just doesn't know it until a BATF agent decides to back track?
Link Posted: 5/18/2005 3:44:23 AM EDT
If your buying a virgin receiver, it is a receiver only and should be marked that way on the 4473 or your receipt. A receiver is not a pistol or rifle by definition but still requires a 4473 for obvious reasons. If you bought a receiver that was originally a rifle you couldn't build a pistol from that receiver. Colt receivers would be a good example since they never sold stripped receivers.
If a dealer books in a receiver and books out a pistol then ATF would say he built the gun which would require an 07 Lic and excise tax. The overnight shipping on pistols is UPS and Fex Ex requirements and agail
a receiver is not a firearm until it's built by almost all legal definitions. Find another dealer if he won't sell a receiver as a receiver or have him call ATF and ask. Howard
JB ARMS
Link Posted: 5/18/2005 11:20:14 AM EDT
[Last Edit: 5/18/2005 11:21:32 AM EDT by CajunMojo]

Originally Posted By M60-Howard:
If your buying a virgin receiver, it is a receiver only and should be marked that way on the 4473 or your receipt. A receiver is not a pistol or rifle by definition but still requires a 4473 for obvious reasons. If you bought a receiver that was originally a rifle you couldn't build a pistol from that receiver. Colt receivers would be a good example since they never sold stripped receivers.
If a dealer books in a receiver and books out a pistol then ATF would say he built the gun which would require an 07 Lic and excise tax. The overnight shipping on pistols is UPS and Fex Ex requirements and agail
a receiver is not a firearm until it's built by almost all legal definitions. Find another dealer if he won't sell a receiver as a receiver or have him call ATF and ask. Howard
JB ARMS



thx for the tip. I knew i'd heard it somewhere on here. but couldn't find anything on a search. I have some time 'til essential arms comers out with their forged lowers anyway, I'll ask around.
Link Posted: 5/18/2005 11:30:34 AM EDT
From what I read (ATF letter), ATF only cares that it was never assembled as a rifle. If it says "stripped" "receiver only" AND if it is virgin, then you'r good to go. you could call the manufacturer and ask for documentation that it was never assembled, have them fax it to you, then save the paper work from the transfer at the dealer, and make sure he writes 'stripped' on it.
Link Posted: 5/18/2005 12:53:08 PM EDT
Guys if you will read through this link it will answer most of your questions. There is even a letter from the ATF as to how they view this matter. The biggest issue is wether or not the receiver you plan on building the pistol on was ever built into a rifle or not. I have built a couple pistols from virgin receivers and have always had my dealer list them as stripped receivers to cover the ATF issue.

ar15.com/forums/topic.html?b=3&f=118&t=200876
Link Posted: 5/18/2005 12:59:22 PM EDT

Originally Posted By Real_estate_salesman:
From what I read (ATF letter), ATF only cares that it was never assembled as a rifle. If it says "stripped" "receiver only" AND if it is virgin, then you'r good to go. you could call the manufacturer and ask for documentation that it was never assembled, have them fax it to you, then save the paper work from the transfer at the dealer, and make sure he writes 'stripped' on it.



That's how I understood it also. The dealer told me that he cannot write it up that way, as there is only a box to check for Rifle or Pistol. I'll look for someone else to do the transfer.
Link Posted: 5/18/2005 1:04:33 PM EDT
[Last Edit: 5/18/2005 1:07:13 PM EDT by dullh]

Originally Posted By misterjg:
If it is a pistol it must be shipped over night regurdless if it is stripped or not.



Wrong. There is NO BATF requirement saying a pistol has to be shipped overnight. UPS used to only ship pistols overnight; but that was a UPS policy (supposedly to prevent theft by THEIR OWN EMPLOYEES!). Now they will let them go ground if you so desire. The gub'ment ain't got nothing to do with how an item is shipped.
Link Posted: 5/19/2005 12:34:27 PM EDT
Be sure to comply with state legal requirements. Purchase requirements for a pistol are different federally and in most states and in some states what kind of rifle you pruchase (a receiver is a firearm as far as purchase is concerned) makes a difference (ie, assualt rifles).

To be on the safe side, I would have the 4473 list the receiver as a pistol if you are going to build a pistol. At least there will be fewer possible questions at a leter date.

State laws are ususally available on Packing.org. They are often very strange and difficult to read if you do not work in this field.

I often see people give advice on these boards without proper knowledge of the local laws. You need to be sure what they are.
Link Posted: 5/19/2005 1:46:19 PM EDT
Paper it as a pistol.

Once a pistol, can be a rifle, and go back again.

Once a rifle, always a rifle.
Top Top