Tuesday, July 20, 2010

AR Lowers and Legalness

So the big laugh going around yesterday was a picture, via ARFCOM, from a dealer down in Texas with posted notice that stripped lowers are NOT to be sold for building rifles.  This of course got more than a couple people poking fun at the incorrectness of the notice.

Well apparently the shop's owner spoke up, and says the ATF said so.  Er, at least an ATF agent told somebody who worked there you can't.  In my experience, ATF agents have an uncanny ability to make up things on the spot, and quote "legalities" they really don't know anything about.  Last time I checked, if you buy a stripped AR lower receiver, you still have to fill out all the paperwork and get a background check just like you're buying a whole new rifle.  In fact, last time I picked one up, they had to ask if I intended to build a pistol, because if I did I would have to deal with the state required waiting period.  Not to mention the lower receiver is the firearm according to the ATF, so I don't think it would really be possibly to actually use it to replace the lower on an existing AR.

10 comments:

Tam said...

Manufacturing regs and the FET are Byzantine in the extreme, and caused quite a big stink some two years back.

The shop was not as wrong as some of those ARfcommers wanted to believe they were. If they assemble more than fifty in a year for customers (no big trick for a moderately busy dealer) they'd better have a Type 07 and be paying the FET.

Fred said...

I can see them not wanting to assemble rifles for customers for those reasons, but telling Joe Snuffy off the street that builds an AR every-other year for themselves that they can't buy one for that very reason is not good.

The other issue is the one comment I saw somewhere in regards to it; what about the guy with a registered SBR? I think the more important problem is mis-informing people that they count as replacement parts, not as a rifle.

Anonymous said...

And yet were told ignorance of the law is not a defense...hmm
McVee

Tam said...

I guess my viewpoint comes from having been forced to deal with the BATFEIEIO on a professional basis.

If they tell me that they're going to pull my license and throw me in PMITIA prison unless all my sales staff wears green tee shirts from now on, well...

Fred said...

Fair enough. I guess we can hope that they'll sell you one "as a replacement..." *nudge-nudge-wink-wink*...

Tam said...

They'll sell you one for whatever you want to do with it. They just put up the signs as a CYA when an inspector got snotty with them. They have a waiver you sign, too.

JohnJacobH said...

For those who wish to see how this discussion plays out in the public at large Free Republic- a Conservative(?)- website has an active thread on my post.

Note Agent Provocateur Sig226 hard at work to bolster the status quo.

http://www.freerepublic.com/focus/f-bloggers/2554559/posts

Tam said...

"Note Agent Provocateur Sig226 hard at work to bolster the status quo."

What are you talking about?

Fred said...

I think he's referring to a poster in the link he gave who seems pretty intent on rolling over and letting the ATF do what they will, and is quick to insult if you don't agree or call him on it.

JohnJacobH said...

Fred said...

>>>>> I think he's referring to a poster in the link he gave who seems pretty intent on rolling over and letting the ATF do what they will, and is quick to insult if you don't agree or call him on it. <<<<<<

Yes. You nailed it. My question:

Why did the gunshop owner choose the language he used?

Why not just say: All AR15 Lowers are sold to comply with applicable laws and regulations.

Sooner or later the ATF Goons will have to produce something more substantial than a hearsay conversation to justify their point of view.

Not that they are incapable of such, but it would be nice to see them struggle, at least somewhat, occasionally.