ATF issues guidelines on receiver sales

mons meg · Jul 14, 2009

Cribbed this from David Hardy's blog:

http://armsandthelaw.com/archives/2009/07/atf_issues_guid.php

Posted by David Hardy · 13 July 2009 08:41 PM

Pdf here. Gist appears to be that a bare receiver is a firearm, but not a rifle, shotgun or handgun since it can be made into any of them (which I think may be true in some cases, but not in most). Ergo, (1) a bare receiver must be logged in by an FFL and cannot be sold to a nonresident, (2) since it is not a rifle or shotgun it cannot be sold to a person under 21, but (3) since it is not a handgun, either, multiple sales need not be reported.

Link to PDF: http://www.atf.gov/firearms/070709openletter.pdf

Commenters on the blog have noticed a new checkbox on the 4473 to indicate "receiver". Any of you FFLs have more info? On the one hand, you have to be 21 to buy a receiver. On the other hand, this would seem to indicate that it really doesn't matter if your AR receiver was first assembled as a pistol/rifle/whatever.

DrBaker · Jul 14, 2009

mons meg said:
On the other hand, this would seem to indicate that it really doesn't matter if your AR receiver was first assembled as a pistol/rifle/whatever.

I think it still matters. If it's assembled first as a rifle, it's stuck that way. If it's assembled first as a pistol, it can go back and forth. I didn't see anything that indicated these rules changed. Please correct me if I missed it.

338Shooter · Jul 14, 2009

It matters what it is first assembled as. Once a rifle it is a rifle for ever.

ATM, only TC can go back and forth. Any other pistol is once a rifle always a rifle according to ATF interpretation of the TC case. I'm 99% sure that that wouldn't stand up in court, but I don't want to be the test case any more than the next guy.

What this means is that if it was never assembled as anything and transferred as a receiver you can make it into a pistol or a rifle....I think.

redmax51 · Jul 14, 2009

You now have to list receivers as receivers on the 4473.You used to just list it as "other".This occured less than a year ago.You are correct,once a rifle/pistol it can't change.Also if you build as a sbr it can never go back to a 16" rifle. Steve

338Shooter · Jul 14, 2009

A pistol can change to a rifle, but not back, a rifle can never change to a pistol. An SBR can have any length barrel the user desires. Permanent changes require notification of the ATF to update the registry.

I can put a 24" 5.56 upper on my 9mm SBR AR and as long as I still have the 5" 9mm upper nothing is required on my part and it is perfectly legal.

mons meg · Jul 14, 2009

I guess I'm in a bit of awe that firearms regulations could get even weirder. Didn't know about the "once a rifle" rule, or how that's even supposed to be workable as a matter of law.

redmax51 · Jul 14, 2009

dustingaunder said:
A pistol can change to a rifle, but not back, a rifle can never change to a pistol. An SBR can have any length barrel the user desires. Permanent changes require notification of the ATF to update the registry.

I can put a 24" 5.56 upper on my 9mm SBR AR and as long as I still have the 5" 9mm upper nothing is required on my part and it is perfectly legal.

You can do it as long as it's yours.You can never sell it as anything except a sbr. Steve

Mrs. Jack T. · Jul 14, 2009

Unless we got new forms today (I was off work) I'm pretty sure you mark "Other" and then in the "Type of Firearm" box you write receiver/frame, which is the way we had always done it. . . I am glad to see this because I didn't know about the under 21 or the out of state. . .

redmax51 · Jul 14, 2009

Mrs. Jack T. said:
Unless we got new forms today (I was off work) I'm pretty sure you mark "Other" and then in the "Type of Firearm" box you write receiver/frame, which is the way we had always done it. . . I am glad to see this because I didn't know about the under 21 or the out of state. . .

Yes but it didn't used to mention receiver in the text. Steve

DrBaker · Jul 14, 2009

redmax51 said:
You can do it as long as it's yours.You can never sell it as anything except a sbr. Steve

Are you sure about this? I think you can un-SBR an NFA item.

We need CAR-AR-M16 to stop by and set us straight.

ATF issues guidelines on receiver sales

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