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Is a stripped AR lower a gun?
Posted: Tue Jan 14, 2020 8:17 am
by N4KVE
Re: Is a stripped AR lower a gun?
Posted: Tue Jan 14, 2020 8:24 am
by Villafuego
As long as I cant have one shipped to my door, and am required to fill out a 4473 it, might as well be.
If the lower isn't, then some other part is.....
Re: Is a stripped AR lower a gun?
Posted: Tue Jan 14, 2020 8:46 am
by S&W collector
Wow. Very interesting. I have never looked into the law before.
Re: Is a stripped AR lower a gun?
Posted: Tue Jan 14, 2020 12:03 pm
by Dr. Dickie
Under the US Code of Federal Regulations, a firearm frame or receiver is defined as: “That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel.” (emphasis added)
It does provided housing for hammer and firing mechanism--just not bolt. I seriously doubt this will end up getting any traction. The courts will excuse it as being close enough.
Re: Is a stripped AR lower a gun?
Posted: Tue Jan 14, 2020 12:14 pm
by Tenzing_Norgay
Dr. Dickie wrote: ↑Tue Jan 14, 2020 12:03 pm
Under the US Code of Federal Regulations, a firearm frame or receiver is defined as: “That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel.” (emphasis added)
It does provided housing for hammer and firing mechanism--just not bolt. I seriously doubt this will end up getting any traction. The courts will excuse it as being close enough.
Or they'll just re-write/clarify the law...
Re: Is a stripped AR lower a gun?
Posted: Tue Jan 14, 2020 12:29 pm
by weaselfire
Simple answer: Yes
More complex answer: Yes, it is.
Somewhat bizarre answer: In Pennsylvania, according to their attorney general, unfinished (80%) lowers are too. Until the Federal courts knock that back as well.
Jeff
Re: Is a stripped AR lower a gun?
Posted: Tue Jan 14, 2020 1:52 pm
by Legio
I was told by a guy at BATFE one day that the part with the serial number was it.
Re: Is a stripped AR lower a gun?
Posted: Tue Jan 14, 2020 3:51 pm
by wjbarricklow
I've always felt like the upper made more sense as the firearm. But this kind of confusion is why these laws are a bad idea.
At this point what can they do? Make the upper the part with the SN? Then what about the millions of other guns with the SN on the lower?
Re: Is a stripped AR lower a gun?
Posted: Tue Jan 14, 2020 3:53 pm
by REDinFL
FAL
Re: Is a stripped AR lower a gun?
Posted: Mon Jan 20, 2020 1:12 am
by lilwoody
The lower receiver is not only considered a firearm. In South Carolina it's considered a pistol. At least that's what they told me at the Palmetto State Armory in Columbia when I stopped there to buy one on my way to my cabin in NC.