Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Posted: 8/9/2005 10:20:04 AM EDT
Since no one in the Michigan forum has an answer. I'll post it here.

1. Can I purchase a stripped lower as a rifle lower in Ohio, bring it up here to Michigan and build it into a AR pistol, then register it?

2. Do I have to have the lower first, before I purchase the 11 inch upper and internals?

3. Where can I purchase the pistol buffer tube?

Thanks in advance.

Or, "who" would I talk to in law enforcement to find out?

Link Posted: 8/9/2005 10:21:03 AM EDT
[#1]
You do know we have an AR rifle discussion forum right?


They talk about gun there.

I know you will get a faster answer here, but you will get a BETTER answer there.


Sgat1r5

PS  there is also a legal section.
Link Posted: 8/9/2005 10:21:12 AM EDT
[#2]
I think it has to be registered as a pistol from the get go.
Link Posted: 8/9/2005 10:24:35 AM EDT
[#3]
Mark my words-------------This post is going to come back and haunt us...
Link Posted: 8/9/2005 10:28:34 AM EDT
[#4]

Quoted:
Since no one in the Michigan forum has an answer. I'll post it here.

1. Can I purchase a stripped lower as a rifle lower in Ohio, bring it up here to Michigan and build it into a AR pistol, then register it?


No.
If sold as a 'rifle' lower (and marked that way in the books) then it has to be built as a rifle.  


2. Do I have to have the lower first, before I purchase the 11 inch upper and internals?

I would, especially if you have AR rifles already



3. Where can I purchase the pistol buffer tube?

M-A Parts



Or, "who" would I talk to in law enforcement to find out?

Write a letter to the BATFE 'Tech Branch' - do not call your local office as some of them don't know crap and will make it up as they go along.

Link Posted: 8/9/2005 10:29:34 AM EDT
[#5]
I did the exact same thing with a stipped lower purchased from ADCO (in Ohio), but only after talking to the State Police Firearms division twice by phone to make sure it was okay to do so.

According to MI law, the stripped lower is not actually considered a firearm at all. Once you assemble it, obviously it is a firearm, and you have 10 days to take it in for that BS 'safety inspection'.

By federal law, the stripped lower does not have to be transfered as a pistol to be built into a pistol. As long as the lower never had a stock on it, then you are good to go. There has been a lot of confusion on this... people are having the lower indicated as a pistol on the 4473 form to cover their tracks legally, but it's not absolutely necessary to do so.

I bought the lower first, then the pistol kit and assmbled it. I took it in and told them I had built it myself from a stripped reciever and had no problems. This was in Montcalm county. I imagine in some places near Detroit they may give you shit about it.

I had a post about this in the MI fourm, but it was some time ago...
Link Posted: 8/9/2005 10:32:55 AM EDT
[#6]
PS---Go here...

Click on "Lower Receivers & Parts"




Go to almost the bottom of the page-----they have pistol receivers...
Link Posted: 8/9/2005 10:33:03 AM EDT
[#7]

Quoted:
I think it has to be registered as a pistol from the get go.




Over in the AR forum... there is a thread that clearly states ATF's position on this popular question...

Have the FFL enter "stripped receiver" into the 4473.  It is both legal AND technically correct wording.

What you DO with that receiver is between you and the laws in your area
Link Posted: 8/9/2005 10:34:09 AM EDT
[#8]
The ATFs answer...

www.cs.cmu.edu/afs/cs.cmu.edu/user/wbardwel/public/nfalist/atf_letter7.txt

October 1, 1992


Firearms Technical Branch
Bureau of Alcohol, Tobacco and Firearms
650 Mass. Ave., NW
Washington, DC  20226

Dear Sirs:

The Greensboro, NC BATF Compliance Office suggested that I write to
you for information on the following point.

I am interested on whether it is possible to have a commercially
manufactured rifle receiver changed to be legally considered to be a handgun
receiver, and how this can be done.  The Compliance Office said that this
might be possible via a "Letter of Determination", but advised me to write
to you about the criteria and procedures.

For example, if a person has a rifle receiver and wishes to have it
built into a rifle-caliber handgun suitable for steel silhouette target
shooting, comparable to the bolt action Remington XP-100 handgun.  I
understand that the serial number of this receiver is recorded as being for a
rifle.  Could this person have this receiver's serial number considered to be
a handgun receiver?  If so, what procedures and paperwork would be
necessary.

Sincerely,

----------------------------------------------------------------------

                       Oct 29 1992
Dear Mr. XXXXX:

This refers to your letter of October 1, 1992, in which you inquire
about the legality of manufacturing a handgun which utilizes a rifle
type receiver.

26 U.S.C. Chapter 53 # 5845(a)(4), the National Firearms Act (NFA),
defines the term "firearm" to include a weapon made from a rifle if
such weapon as modified has an overall length of less than 26 inches
or a barrel or barrels of less than 16 inches in length.

Utilizing the receiver of an existing rifle for the purposes of
manufacturing a handgun would constitute the making of a firearm as
defined above.  Individuals desiring to make such a firearm must first
submit an ATF Form 1, Application To Make And Register a Firearm and
pay the applicable $200 making tax.

If an individual were to obtain a rifle type receiver that had not
previously been utilized in the assembly of a rifle, a handgun could be
made and not be subject to the provisions of the NFA.  Verification
must be obtained from the manufacturer of the receiver to establish
its authenticity.  

We trust the foregoing has been responsive to your inquiry.  If we may
be of any further assistance, please contact us.

     Sincerely your,
     (signed)
     Edward M. Owen, Jr.
     Chief, Firearms Technology Bran




I'm not certain if the following is applicable...


www.cs.cmu.edu/afs/cs.cmu.edu/user/wbardwel/public/nfalist/atf_letter78.txt


                  DEPARTMENT OF THE TREASURY
            Bureau of Alcohol, Tobacco and Firearms
                    Washington, D.C. 20226

                        NOV 25 1997             F:SD:FTB:GKD
                                                3311


Dear Mr. :

This refers to your letter of November 6, 1997, requesting
information on the manufacture of a firearm to be classified as an
"any other weapon," as that term is defined in the National
Firearms Act (NFA).

You describe the proposed firearm as being manufactured using an
AR15 type lower receiver that has never been assembled as a
complete firearm and installing a "pistol length barrel," a rear
pistol grip, a vertical foregrip, shrouded barrel and a flash
hider.  This firearm would utilize a detachable magazine installed
outside the pistol grip.

A firearm manufactured from the described components and in the
described manner would not be a pistol as defined in either Title
27, Code of Federal Regulations (CFR), Part 178 or 179, nor would
it be classified as a rifle or shotgun, not being designed to be
held and fired from the shoulder.  Further, it is not classified as
a semiautomatic assault weapon as defined in Title 18 U.S.C.,
Chapter 44, Section 921(a)(30), hence it is not subject to the
prohibition on the manufacture, transfer or possession of
semiautomatic assault weapons as provided in Title 18 U.S.C.,
Chapter 44, Section 922(v).

The Bureau of Alcohol, Tobacco and Firearms (ATF) has previously
held that a firearm of the type described in your letter is
classified as an "any other weapon" and is subject to all of the
provisions of the NFA.  Such a firearm could legally be
manufactured and transferred by a Class II manufacturer.  An
unlicensed individual could manufacture such a firearm by first
submitting an AT Form 1, APPLICATION TO MAKE AND REGISTER A
FIREARM, to ATF.  Upon receipt of the approved form, the individual
could then proceed to manufacture the firearm.


One perk about building a firearm from a stripped reciever; ther'es no federal excise tax.






Link Posted: 8/9/2005 10:39:38 AM EDT
[#9]
Thanks for the replies. That helps.
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top