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Durkin Tactical Franklin Armory
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Posted: 4/17/2001 2:55:31 PM EDT
Hi, I'm new to this board.
I have a question about a upper receiver that I'm selling that happens to have a 7 and a half inch barrel.  I want to be sure that selling an upper receiver with this size barrel is the same as any other.
You've probably seen the ad in shotgun news for this receiver.  Any help would be greatly appreciated.  These laws are to complicated for the average guy to keep up with.

This is a pre-ban upper receiver with the bolt and bolt carrier and 2 flash suppressors.  So is it legal to send directly through the mail to a buyer?

Thanks in advance,
Link Posted: 4/17/2001 3:04:53 PM EDT
it is perfectly legal to send it thru the mail. (it is just a gun part) It is the buyers responsibility to know the local laws regarding ownership.
Link Posted: 4/17/2001 3:16:21 PM EDT
Thanks a lot,
You wouldn't happen to know where I could find legal documentation on this would you?  Is it my responsibility if the buyer does something stupid with it?
(I don't want the BATF tearing up my house).
Link Posted: 4/17/2001 3:40:40 PM EDT
Thanks a lot,
You wouldn't happen to know where I could find legal documentation on this would you?  Is it my responsibility if the buyer does something stupid with it?
(I don't want the BATF tearing up my house).
View Quote

I'm not a lawyer but I am an FFL and I've have more than my share of conversations wit ATF about shipping guns.

The only part of gun that is regulated by Federal law is the receiver, in the case of the AR-15 it is the lower receiver which has the serial number.  So you are free to mail that upper to anyplace.

It really isn't your responsibility what the buyer does with the upper but this is America and someone will try to drag you into it if something goes wrong.  That's why the companies that sell such parts go to great lengths to make sure that you know that you can't stick such a part onto your AR-15 without doing paperwork.

What I'd do is have an email conversation with the person and point out that what the restrictions are.  Save your messages and save his messages with headers.  It might not be quite the same as signed statement but it should show that he knew what the rules were.

Link Posted: 4/17/2001 3:55:35 PM EDT
I had thought about writing out a contract.  The only problem that I had is how throurough would I have to be on it.  I could list half a dozen things about what can and can't be done with this upper receiver, and miss one or more varrients and get caught there.
Would it only need them to state that they realize that it must be installed on a pre-ban lower.  And due to the fact that it has such a short barrel, it must be registered as a short barreled rifle.  Or a class III weapon?  Is that right?  Any other ways around the law I'm missing beside the legality of the state that the buyer resides in?
Link Posted: 4/17/2001 5:33:41 PM EDT
As most sellers state:::"ALL NFA RULES APPLY",
Link Posted: 4/17/2001 5:35:31 PM EDT
Yaworski is right.  You can sell and ship it just about anywhere with the statement that it is the buyers responsibility to comply with all federal, state, and local laws regarding its possession and use.  Basicly it can only be instaled on a pre-ban AR15 pistol, a registered machinegun, or a registered SBR.  It could theoretically be used on a postban pistol or rifle but would need a LOT of work before it could be done legally.

Do you have a buyer yet, or are you just getting ready to sell it?  If not, I'd be interested.
Link Posted: 4/17/2001 5:58:46 PM EDT
Hey Shaggy,
I already sold the upper on gunbroker.com
Just wanted to make sure I was staying legal.

I am selling the complete upper receiver with the A2 upper and a 7 and a half inch barrel, with the bolt and bolt carrier that are properly headspaced.  Since it's pre-ban, it has the threaded muzzle, so I also threw in a phantom flash supressor and a AK-47 style recoil/flash supressor.  Standard steel firing pin.
I started it at 300, but it sold for about 380.
If the guy dosn't hold up on his deal, I'll let you know ok?
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