I picked up an ATI lower from a friend cheap and want to use it as a spare pistol lower, he bought it stripped from a LGS and never put an upper on it.

The issue is, that he doesn't know if the LGS sold it as a long gun or "other". Does that matter since it was stripped to begin with?

Nope.... The FFL does not determine what it is.   Build away.

Legally, the only thing the FFL could/should list it as is "Other". Not to say there aren't FFLs who are ignorant and might list it improperly, but that's on them. It would be relatively simple to prove it was originally shipped from the manufacturer as a stripped lower with a quick serial number check. Build away.

Thanks all.

atf says its other, but it depends on your state law also

No, it doesn't as far as the 4473, since it is federal, and that was the question asked.  Any further rules or restrictions are a separate matter of state law aside from that.

- OS

Sadly, you are Wrong.

In California, the 4473 is marked either Pistol or Rifle (Long gun).  Partly because this stupid state has a "Safe Handgun Roster" which only allows the sale of approved handguns.  

Nope. You are talking about an additional state form required by Kali, the DROS I guess. The 4473 is filled out same in Kali as anywhere else to satisfy federal requirement,  the DROS for state law enforcement can differ.

Firearms that cannot be sold at all of course never get on either as the transaction is never done in the first place, unless I guess the FFL blows it.  In short, a state can put whatever restriction/definition they want after the fact (hardly any have ever been overturned),  but the federal 4473 procedure can't be part of that, same rules for Kali as any other state.

- OS

This.
<-----FFL/SOT
What California state law requires is wholly different than what Federal law/ATF regulations require.
The Form 4473 must be completed per ATF requirements, not California.

Unless he bought it wayyyyy back. Remember that other wasn’t always a option. I sold a ton marked as long gun because it was either that or handgun.

You could still lost it as a receiver in the other block but you only had three options for transfer and those were handgun long gun and both if I remember correctly.

Just another example of how dumb our gun laws are. All those “gray area” guns that the atf didn’t seem to account for when they made the 4473’s even though the actual laws haven’t changed.  Just stupid.

Yep, exactly that. Changed in 11/2008 to add the "other firearm" category. Not really all that "wayyyy" back, just coming up on 9 years.

- OS

It feels like forever ago.

True. I didn't even think about if it were purchased prior to '08.

But point remains, 4473 same for all states, then and now.

One reason I read somewhere for the change, dunno how true,  was because an 18 year old could buy a lower and make a pistol, even though the FFL marked it as long gun -- which wasn't illegal, just a loophole.

- OS

Or a pistol grip only shotgun. Like I said it's all stupid. Remember it's not even illegal for a 18 year old to have a handgun only for them to acquire it from a dealer. Yeah that makes sense.

At least there was a brave 18 year old (on this site) who submitted a Form 1 and proved NFA can be made at age 18, just not transferred through a dealer. 

I remember turning 18 and starting to buy my own ammo. When I'd set 9mm on the counter, I'd get that "Seriously?" look sometimes, and then I'd tell the cashier it was for a 9mm carbine. Worked 90% of the time. 

Regarding the stripped lower, I'd argue it could be assembled as a pistol regardless of when it was purchased, or how the 4473 was marked, assuming it was not first made as a rifle.

An 18 year old can form 1 a SBR but cannot buy a pistol on a 4473... tell me the logic there lol.

Because the Gun Control Act of 1968 made 21 the minimum age to buy any firearm from a licensed dealer. Later, an exemption to age 18 was made for rifles and shotguns.
That doesn't apply to acquisitions from nonlicensees in your own state.

Making an NFA firearm isn't the same as transferring a firearm through a licensed dealer.

Of course it can.
The Form 4473 prior to the August 2008 revision didn't match Federal law.
Frames, receivers and firearms with a pistol grip that expel a shotgun shell all required the buyer to be age 21 since the GCA'68.........as they were neither handguns or long guns. Until that August 2008 revision, the Form 4473's didn't accurately reflect the kinds and types of firearms that could be transferred through an 01 or 07 FFL.

What the FFL "should" have done on the old yellow 4473 (according to my IOI at the time) was note either "Handgun", "Long gun" or "Both" and then list the specific type of firearm at the top of page 3 (as a frame/receiver/PGO/etc). That was his own advice and not noted by any ATF publication.


I would really like to know who ATF consults with when they look at revising the Form 4473, 'cause they sure as hell don't ask for dealer input. They'll publish a vague notice in the Federal Register but only policy wonks bother with that monstrosity. I love it when ATF retirees go to work for NSSF as consultants on regulatory matters.....but how many retired gun dealers does ATF hire as consultants? Maybe it's time they did.

I really wish there was some kind of ffl committee that could advise but our luck it would be full of turncoats anyways.