Posted: 4/15/2010 2:08:18 PM EDT
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I'm a Minnesota resident, living in WI
With the new regulations as far as stripped AR lowers, can I take possession of one in WI? Or do they transfer as pistols? |
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They are NOT supposed to be transferred as pistols - unless your FFL happens to be ignorant of the law. I found a couple that were. Ignorant, that is.  So I can in fact still buy stripped lowers being a nonres? excellent No..... you may not. Only a rifle or shotgun may be transferred directly to you. A bare receiver/lower may not be transferred to a resident of another state unless they are a FFL. Title 18 U.S.C. Section 18 922(b)(3)
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver–– (3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States ATF Open Letter . . |
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I_K has it 100% correct. Basically in plain terms, the stripped receiver is neither a PISTOL nor a RIFLE... it is OTHER, and should be so marked on the 4473. Since the stripped receiver is NOT a rifle either, it can't be transferred directly to you (stated plainly in the quote posted by I_K).
Sorry if I gave the impression that you could legally be transferred by a FFL, a SR in WI being a MN resident... |
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I'm a Minnesota resident, living in WI With the new regulations as far as stripped AR lowers, can I take possession of one in WI? Or do they transfer as pistols? Define "resident". If you live in Wisconsin, you may be considered a WI resident per ATF. There is a legal definition for residency. Out of state college students have to wait something like 1 year to qualify for in state tuition. There is some state form they have to fill out at submit to the college to receive the tuition. Possibly the same applies for transfers? I know very little about law... Just a stab in the dark. |
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I'm a Minnesota resident, living in WI With the new regulations as far as stripped AR lowers, can I take possession of one in WI? Or do they transfer as pistols? Define "resident". If you live in Wisconsin, you may be considered a WI resident per ATF. Unless you have a WI State issued ID with a WI address on it or you are active duty .mil stationed here, you are not considered a resident. The day you get a WI DL, you can walk into a FFL and fill out a 4473. |
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Needs to have the stock installed, then it is considered a rifle, and thus may not be made into a pistol. It isn't a rifle until it has a rifled barrel. Title 27: Alcohol, Tobacco and Firearms
PART 478—COMMERCE IN FIREARMS AND AMMUNITION Subpart B—Definitions § 478.11 Meaning of terms. Rifle. A weapon designed or redesigned, made or remade, and intended to be fired from the shoulder, and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. A receiver even if it has a stock and therefore can only be made into a rifle is still "other" on the 4473. ATF Open Letter |