Suppressors Pistol or Rifle Lower ???

[jakhamr81]

If I buy a stripped lower that the dealer lists as "other weapon" when calling in the transfer, can I use this lower as a pistol lower or is it still considered a rifle lower? It is brand new from the manufacturer. I have heard both answers for this question, so I will ask if anyone can cite ATF laws or rulings with their answers.

Thanks in advance.

 

[shoepop]

Re: Pistol or Rifle Lower ???

Assuming you are 21 years old or older the dealer will mark it as 'other firearm' not "other weapon" in section B #18 on the form 4473 you will fill out and sign. He CAN NOT legally sell you an "other weapon" if you are under 21. Yes you can use it to build a pistol OR a rifle. As far as citing ATF law see answer to question B #18 under "instructions" for that question it's on the same form 4473 page 3. One quote is " Other refers to frames, receivers, and other firearms that are not either handguns or long guns". Since you have to be 21+ to purchase that covers the pistol build since you have to be 21 to purchase a handgun and only 18 for long gun.

 

[jakhamr81]

Re: Pistol or Rifle Lower ???

Thank you for correcting me; it was other firearm, not other weapon. I am well over 21 so that is not an issue. Also, Thanks for your insight Mark S

 

[armydog]

Re: Pistol or Rifle Lower ???

I live in Michigan, was going to buy a lower in Indiana, i live just across the border. But the dealer told me that a stripped lower is a "Pistol", so was it the dealer or is it BAFT who decides it? I picked up a lower in Michigan with no purchase permit for a pistol, so what can be the difference? Sorry i hope i'm not confusing things just don't know.

 

[SeanRT]

Re: Pistol or Rifle Lower ???

From my understanding, the lower can be either. It just depends on how you decide to build it (with a butt-stock and it's a rifle; without a butt-stock and it's a pistol).

I may be wrong, but that's my understanding of how it's done.

 

[shoepop]

Re: Pistol or Rifle Lower ???

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Mr300</div><div class="ubbcode-body">From my understanding, the lower can be either. It just depends on how you decide to build it (with a butt-stock and it's a rifle; without a butt-stock and it's a pistol).

I may be wrong, but that's my understanding of how it's done.
</div></div>

Your correct, a new never built AR receiver is neither a pistol OR a rifle UNTIL you build it. That's why you must be 21 or older to purchase one. Per previous one must be 21 to purchase a pistol. In armydog's case dealer clueless so did a CYA.