Need a little ATF help on selling lower receivers to those under 21

[cyclopsshooter]

Evening-

We have started selling AR rifle kits in our store, $675 including lower receiver.
It is against the law to sell a stripped receiver to anyone under 21 years of age-
Would it in any way be possible to sell the lower as a "rifle" if included with a rifle kit? I mean, the guy is buying a rifle... Does it matter if it is in pieces?

 

[mp510]

You should seek clarification from FTB (or at least your compliance officer).

In the past, when this was an issue with PGO shotguns, ATF said that they could be sold to <21 Y/Os IF a shoulderstock was included in the box.

 

[Z-Michigan]

Unless you are a licensed firearms manufacturer and are manufacturing rifles in accordance with that license, and paying the appropriate excise tax, no.

I remember that Cavalry Arms (when they were in business as a manufacturer) dealt with this problem by letting 18-20 year olds send them an upper receiver and then Cav Arms manufactured the customer's upper onto their lower receiver and sold the whole thing as a finished rifle. This was legitimate, since Cav Arms had a manufacturer's FFL and was paying excise tax on the transaction.

Your 18-20 y.o. customers can, I think, legally buy or receive a stripped lower receiver in a private party transaction, but you can't have anything to do with that (like matching buyers/sellers) if you want to keep your FFL.

This is just internet info, I am not your lawyer and this is not legal advice, etc...

 

[paintballdude902]

i think that if you attach a stock to the lower you can. but it must have been a rifle. a stripped lower than has never been classified can be used legally to make a pistol

 

[cyclopsshooter]

yeah, thanks, this is pretty much what we though... nertz!

 

[Quiet]

(1) It is against the law to sell a stripped receiver to anyone under 21 years of age-
(2) Would it in any way be possible to sell the lower as a "rifle" if included with a rifle kit? I mean, the guy is buying a rifle...
(3) Does it matter if it is in pieces?

(1) It is aganist Federal law for a FFL dealer to transfer a stripped reciever to a person under 21 years of age.
(2) The only way it would be possible to sell the lower as a "rifle" with a rifle kit, is when the kit has beed used to build the lower into a rifle. Which would require you to be licensed as a manufacturer.
(3) Yes, it matters that the parts are in pieces, because as long as the receiver has never had a shoulder stock and a 16" or greater rifled barrel attached to it, it can still be legally made into a handgun.


A FFL dealer can only transfer a "rifle" or a "shotgun" a person between the age of 18-20.

A stripped AR lower is transfered as an "other", therefore it can not be transfered to a person under 21 years old by a FFL dealer.

A complete AR lower with shoulder stock does not meet the definition of a "rifle" or a "shotgun", therefore it can not be transfered to a person under 21 years old by a FFL dealer and is transfered as an "other".

In order to meet the definition of a "rifle", the complete AR lower with shoulder must also include a 16" or greater rifled barrel.
In order to meet the definition of a "shotgun", the complete AR lower with shoulder stock must also include a 18" or greater smoothbore barrel.

Here is a BATFE letter stating that a complete AR lower with shoulder stock attached is not considered a "rifle". Therefore, as long as it never had a 16" or greater rifled barrel attached to it, it can legally have the shoulder stock removed and made into a "handgun". Since, the complete AR lower with shoulder stock attached is not considered a "rifle", it must be transfered as an "other".