Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Posted: 7/12/2003 10:17:54 AM EDT
Can somebody point me in the right direction to find a written law stating that it is legal to put a complete upper onto a seperatly purchased complete lower? My stepfather is convinced that putting an upper on a complete RRA lower reciever is a federal crime. I know that it isn't, and it doesn't really matter what he thinks, but it would be nice to have something on paper to show my mother that I am not breaking the law. Any help would be greatly appreciated.
Link Posted: 7/12/2003 10:29:09 AM EDT
[Last Edit: 7/12/2003 10:30:15 AM EDT by neilfj]
Why would there be a law saying it was legal? Laws only tell you what is illegal, and since putting an upper or a lower is legal, you ain't gonna find a law (unless it is a pre-ban upper).
Link Posted: 7/12/2003 10:49:15 AM EDT
Good point. Is there anything out there stating that the lower reciever is the part actually classified as a firearm. Part of his argument is that even though it is serialized, and must be purchased through an FFL, it is not legal to assemble into a complete rifle.
Link Posted: 7/12/2003 12:47:04 PM EDT
Buying a new, never-before assembled receiver, and mating it to an upper to create a complete firearm or complete kit is 'manufacturing' under the law. It's a tax question, since manufacturers don't pay excise tax on receivers or less-than-complete firearms kits they sell, only on complete firearms or complete kits. As a private individual, assembling such a rifle for personal use, you're not violating any laws. An FFL who doesn't have a manufacturing license that buys receivers and builds them into complete firearms for resale is manufacturing without a license, and engaging in tax evasion for the excise tax.
Link Posted: 7/12/2003 1:18:52 PM EDT
[b]Hey Joker All you need to do to convince your Step-father is show him the RRA web site or catalog. They wouldn't sell lowers and uppers alone if it was illegal. The lower is the only part that you need a FFL to buy it from. Question . Why would they sell you a Lower and you not be able to (in your step fathers words) *assemble into a complete rifle* Doesn't make sense right. The only thing you can't do (I'm sure you know) is mate a Post-Ban lower too a Per-Ban Upper. (unless you cut the lug off) and follow the other evil rules. If your still having troubles convincing him bring him here . We'll work on him . Safe ShOoTiNg Jerry [):)] [/b]
Link Posted: 7/12/2003 1:23:27 PM EDT
[b] I just noticed your in Cali . I don't think a detachable Mag lower is legal in your state. Someone from Cali would know better. Good Luck either way. SaFe ShOoTiNg Jerry [):)][/b]
Link Posted: 7/12/2003 2:07:09 PM EDT
Joker, like slidestop said even in California it is legal to put the complete upper and complete lower together provided the lower was registered with the state as an Assult Weapon prior to Jan. 2000. If the lower is something you purchased recently out of state and brought in to Cali. they you are violating CA state laws. Chris
Link Posted: 7/12/2003 2:07:18 PM EDT
Joker, did you mail any registration paperwork to the DOJ in Sacramento?? Did you do it on or before January 23, 2001?? If you answered 'no' to either question, your lower is illegal per PRK law...either by itself or with an upper assembled to it. The issue is NOT that it's against the law in CA to assemble an upper to a lower, but that you have an unregistered "assault" weapon. -hanko
Link Posted: 7/13/2003 1:36:07 PM EDT
You can even do it in Kali, no problems. You just have to use one of the [url=gogogadgets.net]FAB 10[/url]'s.
Link Posted: 7/14/2003 4:04:35 PM EDT
Actually, I am a United States Marine, stationed at Camp Pendleton, CA. My guns reside in Georgia. I am fully aware of the laws in California, and also the rules of this site pretaining to illegal activity.
Link Posted: 8/7/2003 10:21:49 AM EDT
So a private individual that mates a complete upper to a complete lower does NOT need to pay the excise tax? Or, can I have the complete upper and complete lower shipped to my FFL in the same box from a Class I manufacturer without getting the FFL holder in trouble?
Link Posted: 8/7/2003 1:26:16 PM EDT
Originally Posted By Rockhound: So a private individual that mates a complete upper to a complete lower does NOT need to pay the excise tax?
View Quote
Correct.
Originally Posted By Rockhound: Or, can I have the complete upper and complete lower shipped to my FFL in the same box from a Class I manufacturer without getting the FFL holder in trouble?
View Quote
I don't think so. I'm pretty sure it could be demonstated that it was meant to be a complete firearm, sold to you and he could, at the very worst, be charged with some form of tax fraud. If you had a time lapse between purchases his position may be better.
Link Posted: 8/9/2003 6:54:30 AM EDT
Joker, they wouldnt sell the kits and lowers to us if it was illegal to put them together. If it was illegal most of us kit builders would be making mail bags in the local pen now. Do you have a gun club at your base? I was an armorer in the Britsh army, do you have someone at the base you can ask?
Link Posted: 8/9/2003 12:45:47 PM EDT
Top Top