I am currently in Texas on TAD orders, is it legal to purchase a lower here, and taake it back to Washington with me? I can avoid s/h and the outrageous transfer fee if I can buy while I'm here.



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I think you have to be a legal resident in the state in which the lower is purchased.  No expert, but my gut instinct is that no, you could not.



 

You may want to check in the Texas HTF. I know it is legal to use TDY/TAD orders to buy in VA but dont know about TX.

My guess is that it has to be your actual duty station in the state you are buying and not on temporary duty.  But your guess is as good as mine.


 

I bought one while visiting my son in varginia 3 Christmases ago. I live in Indiana. The gun shop acted like it was no big deal.  I think you will be fine.

TAD is not like a PCS-you're only visiting Texas.  While some shops may not make a big deal about it, It's probably not going to pass muster legally.  Further, here in Texas the media trying to blame the drug cartel violence in Mexico on LEGAL gun purchases here, so I'll bet most shops are going to be a little antsy about it.

Funny how much of said drug cartel violence involves automatic weapons and their hired thugs seem to be Mexican Army deserters or vets, some of whom made off with military weapons as well...

Generally a Texas resident can by a rifle from  licensed dealer FTF in another state and vice versa if your home state allows it.

But a stripped lower is NOT a rifle.  When the ATF updated the 4473, AR lowers became considered 'Other' and therefor follow similar rules as handguns.

<––––––FFL

STJ is correct.
In 2008, ATF amended the Form 4473 to add the category "Other Firearm". This category includes frames, receivers, AR lowers and "pistol grip only firearms that fire a shotgun shell".

http://www.atf.gov/firearms/faq/licensees-conduct-of-business.html#out-of-state-resident

Q: May a licensed dealer sell a firearm to a non-licensee who is a resident of another State?

   Generally, a firearm may not lawfully be sold by a licensed dealer to a non-licensee who resides in a State other than the State in which the seller’s licensed premises is located. However, the sale may be made if the firearm is shipped to a licensed dealer whose business is in the purchaser’s State of residence and the purchaser takes delivery of the firearm from the dealer in his or her State of residence. In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over-the-counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.

   [18 U.S.C. 922(b)(3)]

http://www.atf.gov/publications/download/p/atf-p-5300-5/atf-p-5300-5.pdf

Washington regs: 9.41.122. Out-of-state purchasing Residents
of Washington may purchase rifles and
shotguns in a state other than Washington:
PROVIDED, That such residents conform to the
applicable provisions of the federal Gun Control
Act of 1968, Title IV, Pub. L. 90-351 as administered
by the United States secretary of the treasury:
AND PROVIDED FURTHER, That such residents
are eligible to purchase or possess such weapons in Washington and in the state in
which such purchase is made.

http://www.atf.gov/publications/download/p/atf-p-5300-5/atf-p-5300-5.pdf
Texas regs: 46.07. Interstate Purchase A resident of this
state may, if not otherwise precluded by law,
purchase firearms, ammunition, reloading components,
or firearm accessories in contiguous
states. This authorization is enacted in conformance
with Section 922(b)(3)(A), Public Law 90-
618, 90th Congress.

You are GTG.. I found nothing indicating a lower receiver being anything different than a long arm.
The way I see it, you show up, present your WA ID and make a legal purchase.... no military credentials or " orders " are required.

If you are flying back, check it in - as you would a complete firearm.

Have Fun

ETA: More stuff... " ATF FFL Quick Reference  " ... I'll skip the " And Best Practices " BS -
http://www.atf.gov/publications/download/p/atf-p-5300-15.pdf

Permitted Sales to Non-Residents of Your State
You may sell a firearm to a person who does not reside in your State by shipping the firearm to a licensed dealer in the buyer’s State of residence and having the buyer take possession of the firearm from that licensee. The licensed dealer in the buyer’s State of residence is responsible for the Form 4473 and NICS background check. Your A&D records should reflect the transfer to the out-of-State FFL and not to the end purchaser.
You may make an over-the-counter sale of a rifle or shotgun to a non-resident if the transaction complies with all the laws of your State and the laws of the buyer’s State.

The way I do it, if the dealer has any problems, have him pick up the phone, and call the 800 number.
You now have the references to the links above.

Major fail.
You are advising the OP to attempt an illegal purchase. So he and his dealer would be GTG............to effing jail.

What you have overlooked (or ignored) is that an AR lower IS NOT A RIFLE. Therefore not transferrable to a nonresident.

Go here ATF Form 4473
Look at page 5 of 6, the bottom left column "Section B" Question 18 Type of Firearm (s)

There you will see that ATF clearly defines what is an "Other Firearm".
Reference the following from the US Code:
921(a)(3)(b)
922(b)(1)
922(g)(3)(a)

This has been law since 1968, but the Form 4473 did not offer the option of "Other Firearm" until 2008. Any dealer who is transferring lower receivers, frames or PGO "shotguns" is in violation...........and faces fines or revocation of his license if caught.

Negative.
When the licensed manufacturer produced the receiver, it is registered with ATF as either a long gun or handgun.
You are reading between the lines, and confusing yourself.
There is nothing on a 4473, or any ATF pubs, that say it has to be a " complete " firearm.
Only the registered, serialized receivers are.  ATF recognizes this, you should too.

ETA: Definition of " Rifle "  http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc26.wais&start=20391331&SIZE=9737&TYPE=TEXT

(c) Rifle

   The term ``rifle'' means a weapon designed or redesigned, made or
remade, and intended to be

[[Page 2849]]

fired from the shoulder and designed or redesigned and made or remade to
use the energy of the explosive in a fixed cartridge to fire only a
single projectile through a rifled bore for each single pull of the
trigger, and shall include any such weapon which may be readily restored
to fire a fixed cartridge.

All this crap is off the ATF webpage, and links provided by ATF.

ETA again,  the statement you are quoting on a 4473 " other than a shotgun or rifle "  is referring to a handgun sale to a minor.

You are COMPLETELY full of shit. I hope to god you are not a licensed dealer because it is a Federal violation to follow your advice. Obviously you did not read ANYTHING posted above.

Manufacturers do not "register" an AR lower as a "rifle" or "handgun"........but as a "firearm". When a stripped lower is received it is logged in the dealers bound book as an "Other Firearm" and recorded on the Form 4473 as an "Other firearm". When the dealer calls in the NICS check he will be asked "Type of firearm?" and will respond "Other"....................meaning NICS will double check that the transferee is indeed 21 years of age AND a resident of the same state as the dealer.


There is no "between the lines"........it is plainly stated in federal law and ATF regulations that a lower (receiver, fram, etc) IS NOT YET A RIFLE, SHOTGUN, OR HANDGUN. But you think you know the law so you didn't bother actually reading anything, right?

Go float your little theory on the ARFCOM FFL forum.........it will be fun to watch.

What about a complete lower with stock? I would think that would be good to go for an out-of-stater.

fundummy, maybe this will help you see the errors in your research:

http://www.atf.gov/press/releases/2009/07/070709-openletter-ffl-gca.pdf

If you are so confident, hot link it over to them... We are talking ATF regs with a Texas sale to a Washington State resident.

you are right.... I stand corrected with the open letter to FFL's.

ATF did not bother to correct their own definition of rifle... as a matter of fact, they used the same definition statement within the same letter.

As far as I can see, there are NO Other publications that say the same thing.

According to the letter, if it had a butt stock screwed on, it's GTG.

Even then, there are those (usually 07's) that believe a lower with buttstock attached is STILL NOT A RIFLE....until it has a barrel attached.
There is more at play than the simple definition of "rifle" but for 07's (manufacturers) it also has to do with federal excise taxes.....lowers don't get taxed, supposedly lowers with a buttstock don't get taxed..........but once a complete lower has the upper attached it becomes a complete rifle and is subject to Federal excise taxes.

Of course, this could all be interpreted completely differently next week.

yeah man... they've got this thing fucked up bad... this is " add on " language not included with their definitions.... they didn't even bother to add a reference to it.

DogtownTom  thanks for the info

All of this misunderstanding in this thread is a perfect example of why we need to storm washington and demand the full repeal of any and all weapons related laws.



I should be able to walk in and buy any weapon at any store in America just like I can walk into any store and walk out with a soda.

You're preaching to the choir.

double double