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Posted: 12/24/2003 11:59:13 AM EDT
Hello. I just ordered a bushmaster lower from a nearby gunshop and was told that the lower can only be sold as a replacement for my current AR and that it would be illegal to create a new gun with another upper.The shop said that I would be considered a manufacturer. Is this another stupid Illinois law (I do not live in Cook county, so it's not a county issue) or is the shop mistaken. This is my first build up of an AR so I'm not sure of the facts. Thanks everyone.
Link Posted: 12/24/2003 12:16:34 PM EDT
I believe it would only be an issue if you were building with the intention of selling.  Then you would be required to pay federal excise tax.  It's perfectly legal to build yourself a rifle.  Like most gun shop employees, these folks are misinformed.
Link Posted: 12/24/2003 1:01:09 PM EDT
Find another gunshop. Plenty of good ones out there. The 4473 form sort of eliminates his whole "create a new gun" argument.
Link Posted: 12/24/2003 1:03:21 PM EDT
Yup, your local shop is full of crap.  But considering some of the horrendously stupid advice and opinions I've heard from gun store owners/employees over the years this doesn't surprise me one bit.
Link Posted: 12/24/2003 1:21:36 PM EDT
Another vote for you dealer being full of it. The lower receiver IS the gun.
Link Posted: 12/24/2003 1:44:23 PM EDT
[Last Edit: 12/24/2003 1:45:50 PM EDT by SBR7_11]
The serial # makes it the firearm, so the dealer is selling you a firearm, nothing left for you to make, you're just adding an upper to allow it to function.

You are allowed to assemble your own firearm for personal use, but don't get in a habit of building and selling, otherwise the "excise tax" will become an issue, along with not having an 07 FFL.
Link Posted: 12/24/2003 2:03:54 PM EDT
[Last Edit: 12/24/2003 2:07:19 PM EDT by Kaliburz]
Originally Posted By Gimpy:
Hello. I just ordered a bushmaster lower from a nearby gunshop and was told that the lower can only be sold as a replacement for my current AR and that it would be illegal to create a new gun with another upper.The shop said that I would be considered a manufacturer. Is this another stupid Illinois law (I do not live in Cook county, so it's not a county issue) or is the shop mistaken. This is my first build up of an AR so I'm not sure of the facts. Thanks everyone.
View Quote


Ah yes.... the misinformation that goes around.

Okay, I have "browsed" the ATF manual that is sent to FFL dealers (heck, you can download a PDF of it).  A stripped lower/receiver/frame that has a serial number IS the firemarm!
Granted, with the semi auto rifle, "AR type", you have to assemble the weopon following the Assult Weopons Ban.  It said it right in the prints.  If the lower has a SN and you are selling those after you build, privately, depending how many you make in a year, it is "okay" (don't quote me).  You didn't make/manufacture the frame...it was 100% done.

I think the BATF considers manufacturing is when you get an 80% lower and make it to a completed fuctioning frame/lower (so on) and sell that.  There is a section in the manual that talked about personal use (which a completed 80% falls in).  It has something to do about the serial number...since 80% lowers when finished don't have a SN.  So if you buy (say 5) 80% and finished them and sell them, that is when you might be considered a manufacturer and making illegal guns since they have no SN.  But stripped, papered lowers w/ a factory SN assigned....I think one can buy as many stripped as they want and assemble and sell...(unless the BATF has cracked down on this.)  I knew people who bought "cheap" guns and sold them at gun shows advertising "private sale"....granted, they asked for more then what it was worth....(a whole different topic.)

Edit- As mentioned, they (feds) might get you for tax evation... who knows.
Link Posted: 12/25/2003 8:14:49 AM EDT
I had the same problem and I also live near Chicago. One shop said that they would not order a reciver for me. However I found one that did. They had AR's on a rack. I think they
wanted me to shell out $1,000 + for a new one rather than build one for $600. Who was the shop that would not sell you one?
Link Posted: 12/25/2003 8:31:21 PM EDT
I went thru the same crap with my local shop. I've done buisness with this shop for years and when I wanted him to order me a reciever, he told me it was a waste of time and money to build. He said it probably wouldn't work right and by the time I bought all the parts, He could get me an allready assembeled Hesse. The conversation ended when I told him the Hesse was trash. Guess I wont buy anything there anymoe huh?
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