Why isn't the upper of an AR-15 classified as the receiver?

[bushmaster1313]

BATFE classifies the upper of the FN Herstal as the receiver:
See: http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2008-1.pdf

"The upper assembly of the Fabrique Nationale Herstal SA (FN) FNC rifle is
classified as the receiver of the firearm for purposes of the Gun Control Act, 18 U.S.C.
Chapter 44, and the National Firearms Act, 26 U.S.C. Chapter 53."

Why isn't the upper of the AR-15 classified as the receiver?
Or perhaps the correct question is why is an exception made for the FN?

 

[kcmarine]

I think it has something to do with the number of operating parts within each part of the firearm. As I remember, the lower has more of these parts in it, so it gets classified as the firearm.

I'd rather it stay that way, because the lower isn't the part that makes the AR so versatile, it's the uppers and how they can be changed out.

 

[TexasRifleman]

Where does FN put the serial number?

For imports ATF normally makes the controlled part the piece that has the manufacturers serial number.

 

[mp510]

On the FAL and FNC, the upper also contains the magazine well. On modular guns, ATF assigns points based on what a part does. Since the upper on the FAL and FNC do more than the lower, they are the legal firearm. I have no clue why they included the SCAR upper-- I was under the impression that the SCAR was more like the AR in the regard...I would love to see the justification on that one.

 

[WoofersInc]

Where does FN put the serial number?

For imports ATF normally makes the controlled part the piece that has the manufacturers serial number.

I beleive this is the answer. It is the part that has the serial number. When I was replacing the upper on my Ruger 22/45 with one from Tactical solutions, it had to go through an FFL because it had the serial number on it. On my Browning Buckmark, I was able to just order the Tac-sol parts I needed because the serial number was on the frame.

 

[BikerNut]

The part of a rifle or handgun classified as a "firearm" has always been the part with the serial number, since that serial number is the part that gets registered or goes through a NICS check.

Parts that have no serial number can't be controlled or checked or limited in sale, or traced in the event of a crime.

The lower receiver of an AR-15 is the part that has the serial number, so it is the FFL component, even though the upper receiver is the actual, functional "receiver" as defined in the firearms world (the lower receiver is just the trigger housing and magazine well, not a receiver per se.)

It's the exact opposite with the Ruger 10/22, for example. The receiver (upper part) that carries the bolt is the FFL component because it happens to have the serial number (but unlike the AR, it has the magazine well too.)

This has led some people to speculate that the FFL component is whichever part the magazine goes into, like with an auto pistol where the serial number is on the frame (which includes the grip/mag well). But without the upper slide/return spring/guide/barrel on a pistol, there is nothing to "receive" the round given by the magazine. So functionally, the upper components are the receiver, like with an AR.

On a revolver, the serial number is on the frame, yet the cylinder (which in many cases is removable) is the part that can be defined as both the magazine (it holds the ammo) and the receiver (it chambers the ammo -- you cannot chamber a round in the forcing cone/barrel).

If Smith&Wesson made you a pistol, and tattooed the serial number on your trigger finger, your finger would probably be a legal firearm.

If this makes no sense, it's because the rules were written by government bureaucrats, not firearms experts.

 

[tominct]

Back in the late 70s or early 80s, I remember seeing advertised some Hi-Powers (maybe Belgian, but I'm thinking Inglis, pretty sure they were surplus) whose serial numbers were on the slide, not the frame.

My buddy had just gotten his FFL, showed me the ad, and pointed out the odd SN location.

Not sure if they were already in the US, or if they weren't importable, but I clearly recall their existence.

 

[NOLAEMT]

I've never seen a semi auto without a serial number on the frame.

I know in some countries the barrel is the restricted part. On my German made HK, the frame and the barrel have the serial number on them.

 

[gearchecker]

I was just reading an article on the AR and that question comes up quite a bit. Here's the response from one of the guys at Colt. The Lower has the largest flat areas on it and it was an easy spot to stamp the serial number, so there it went. It's also a very easy place to locate the serial number, so the military armories that had to handle so many weapons could find it quickly.
With that the lower became the controlled part of the rifle. Believe it or not it appears that simple. I can't verify that statement as fact but it makes as much sense as any i've ever heard.

 

[LickitySplit]

I've never seen a semi auto without a serial number on the frame.

I know in some countries the barrel is the restricted part. On my German made HK, the frame and the barrel have the serial number on them.

So... now I'm wondering.

My two Imbel FAL's (built from parts kits), have serial numbers on the lower frame/receiver, but in order to complete my builds, I had to purchase serial numbered upper receivers from a manufacturer (DCI and DSA Arms).

Now, why is it that the upper is the regulated part, but the lower is not?

I'm reasonably certain that there's some BATF/customs rules that come into play, but as a budget minded builder, it certainly would have been nicer if the less expensive to manufacture stamped lower was the regulated part instead of the more expensive machined upper.

 

[Quiet]

The "upper reciever" on FN FAL/CAL/FNC/SCAR is the serial numbered controlled part.

The "upper reciever" on the Remington/Bushmaster ACR is the serial numbered controlled part.

Some firearms utilize the "upper reciever" as the controlled part.
It's just how they are designed.