BATF Says Handgun Receiver is Not a "Handgun"

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EOD Guy

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BATF has stated the following in one of their FAQs from the 2007 SHOT show:

Is a licensee required to provide a secure gun storage or safety device with a “receiver” for a handgun?

A receiver alone is not a “handgun” as defined in the GCA. Therefore, without the accompanying parts for a complete handgun, a secure gun storage or safety device would not be required. However, if a licensee transfers a receiver with all the component parts for a complete handgun, a secure gun storage or safety device would be required.
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Here is a link to the FAQs:

SHOT Show Questions and Answers

I assume that the receiver alone would still be considered a firearm as far as purchase, transfer, etc are concerned. I was thinking that if BATF does not consider a handgun frame to be a "handgun", then one could be legally mailed by a nonlicensee.
 
Is the slide a handgun then? If not, could someone buy all the parts over time and assemble one without the need for an FFL anywhere in the process?
 
fletcher said:
Is the slide a handgun then? If not, could someone buy all the parts over time and assemble one without the need for an FFL anywhere in the process?
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The answer says that all the parts must be present to be a handgun. The frame or receiver still has to be purchased from an FFL initially.
 
Ah, OK. I got the impression that since nothing alone constituted a gun, that nothing would be required as far as paperwork when purchasing.
 
I don't see what is so confusing...

A receiver isn't a handgun it's a firearm. A firearm with all it's parts is a handgun. A slide is nothing unless it's installed on the firearm making it a handgun unless the other parts aren't there.

A semi-automatic weapon with a string on it's trigger is an automatic.

They spell it out in black and white for you. You'd have to be braindead not to understand.

/sarcasm.
 
A receiver isn't a handgun it's a firearm. A firearm with all it's parts is a handgun. A slide is nothing unless it's installed on the firearm making it a handgun unless the other parts aren't there.
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Actually that makes perfect sense and explains the answer from ATF
 
Note that the BATF comment is in reference to the CHILD SAFETY LOCK ACT OF 2005 and the question of whether a "secure gun storage or safety device" must be provided by the licensee with the transfer of a handgun receiver or frame. They are not offering a general definition of what is or is not a handgun applicable across the board.

Another thing to remember - this is an Internet FAQ with no force of law. People are prosecuted for not complying with laws. FAQ's are legally meaningless. See the disclaimer referenced at the bottom of the page:
Disclaimer of Liability and Endorsement

While the Department of Justice strives to make the information on this Web site as timely and accurate as possible, the Department makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the contents of this site, and expressly disclaims liability for errors and omissions in the contents of this site. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given with respect to the contents of this Web site or its links to other Internet resources.

The information appearing on this Web site is for general informational purposes only and is not intended to provide legal advice to any individual or entity. We urge you to consult with your own legal advisor before taking any action based on information appearing on this site or any site to which it may be linked.
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A receiver isn't a handgun it's a firearm. A firearm with all it's parts is a handgun.
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Go to a gun store and try to buy a bare 1911 receiver. Only be 18 years old. Tell the guy you don't need to be 21 because it's not a handgun "yet." Be prepared to be laughed at!

Gregg
 
Note that the BATF comment is in reference to the CHILD SAFETY LOCK ACT OF 2005 and the question of whether a "secure gun storage or safety device" must be provided by the licensee with the transfer of a handgun receiver or frame. They are not offering a general definition of what is or is not a handgun applicable across the board.
Click to expand...

Agreed!
 
You have to treat a receiver having a serial number on it as a firearm. You need paperwork to record the serial number of the receiver to which components may be added to it to complete a firearm.
 
Car Knocker said:
Note that the BATF comment is in reference to the CHILD SAFETY LOCK ACT OF 2005 and the question of whether a "secure gun storage or safety device" must be provided by the licensee with the transfer of a handgun receiver or frame. They are not offering a general definition of what is or is not a handgun applicable across the board.

Another thing to remember - this is an Internet FAQ with no force of law. People are prosecuted for not complying with laws. FAQ's are legally meaningless.
Click to expand...

I agree that the definition was in the child safety section but the statement that "A receiver alone is not a “handgun” as defined in the GCA." would still apply in other situations. I agree wholehardedly with your statement about FAQs. I have seen incomplete answers in some of them.

I did not mean to imply that I would start mailing handgun frames through the USPS assuming that they are not handguns. I would at least get a letter of clarification from BATF Hq before I attempted any such thing. Letters of clarification do have legal standing when issued by the authority responsible for publishing that regulation. I have hundreds from different agencies in my files at work.

I originally brought this up more as an interesting point of discussion than anything else. I am, however, curious as to what BATF's official reply to a letter would be.
 
"You have to treat a receiver having a serial number on it as a firearm."

So if a receiver does NOT have a serial number then you don't have to treat it as a firearm?

My head hurts from all this defining and redefining.

John
 
So if a receiver does NOT have a serial number then you don't have to treat it as a firearm?
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No, that would be a firearm also, unless it were an antique. For example, a cheap 1930's revolver or shotgun without a serial number is still a firearm. I believe serial numbers weren't legally mandated until 1968.
 
as said. BATFE has the master catagory of Firearm. below that are sub catagories. Handgun, Long Gun, NFA item etc.
 
They spell it out in black and white for you. You'd have to be braindead not to understand.
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My comment was in reference to gun laws in general. How many parts to be 922r compliant? Does a skeletonized butt stock count as a pistol grip? If yes, then why do they allow saigas to be imported with them? Whats the age to buy a pistol? etc., etc.
 
This is for purposes of the Safe Storage laws:
a receiver alone does not need to be sold with a trigger lock
or other safe storage device;
a complete set of handgun parts including receiver does need
to be sold with a trigger lock or other safe storage device.

For practically all other purposes the receiver is the gun.
That includes transfer from licensee to nonlicenssee: dealer
sale to owner.

And if you buy a "virgin" Winchester 92 receiver to make a
"Mares Leg" you must make sure that the dealer describes
it on the 4473 as a pistol. If he flubs up and describes it as
a rifle, you would be making a Short Barrel Rifle and not a
Mares Leg pistol. Making a Short Barrel Rifle without a Form 1
is a felony. ATF rules are very clear and make perfect sense.
Most of the time. A typo or other mistake on the paperwork
is often all that seperates a lawful act from a felony.
 
This type of inconsistency and confusion is the natural result of gun control laws.

They aren't intended to do anything but harass the law abiding so they need to be confusing so as to catch as many unawares as possible.
 
Systema,

You are dealing with a government agency. This one is no better or worse than any other government agency. If the rules were simple and easy to understand, they would have to lay off half the lazy parasites that work there and every other agency.
 
lazy parasites that work there
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Ticks, fleas and tapeworms everywhere are now very upset to be classed with the government agencies.:evil:


Does anyone remember the Scene in Monty Python's Meaning of Life where the Teacher is explaining to the students what they had to do before the weekend off?

If you are going home, hang your coat on the left hook and put your books by the door, unless you are going to the game first, then put your books on your desk and take your coat with you.

All of the various scenarios took about five minutes to explain and when one of the kids asked for a little clarification, he was chided severely.;)
 
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