Purchase AR upper? pardon my ignorance/confusion

steveh326 · Apr 27, 2016

It's my understanding that a complete AR upper is cash and carry, and can be purchased from either a store or an individual, and either in state or out of state, with no issues... am I correct or am I confused?

I found a used AR upper on ARMSLIST that I am interested in, but it's in VA. It would be for a pre-2013 lower that I have. I want to be clear on the law so neither the seller or myself run into any issues.

HordesOfKailas · Apr 27, 2016

steveh326 said:
It's my understanding that a complete AR upper is cash and carry, and can be purchased from either a store or an individual, and either in state or out of state, with no issues... am I correct or am I confused?

I found a used AR upper on ARMSLIST that I am interested in, but it's in VA. It would be for a pre-2013 lower that I have.

Correct.

gungate · Apr 27, 2016

Anything except the lower is cash and carry. Mail, in person, Internet, etc.

Hawkeye · Apr 27, 2016

gungate said:
Anything except the lower is cash and carry. Mail, in person, Internet, etc.

Correct.

In the case of an AR15, the lower receiver itself, as the serialized part is "the firearm" and falls under the various rules about buying and selling guns. Everything else is just parts and you can buy or sell it however and to and from whomever you want to.

HordesOfKailas · Apr 27, 2016

Hawkeye said:
Correct.

In the case of an AR15, the lower receiver itself, as the serialized part is "the firearm" and falls under the various rules about buying and selling guns. Everything else is just parts and you can buy or sell it however and to and from whomever you want to.

As a caveat, just make sure your configuration is legal. You can buy the parts to make a SBR without getting the tax stamp, but that doesn't make it legal.

good guy 176 · Apr 27, 2016

steveh326 said:
It's my understanding that a complete AR upper is cash and carry, and can be purchased from either a store or an individual, and either in state or out of state, with no issues... am I correct or am I confused?

I found a used AR upper on ARMSLIST that I am interested in, but it's in VA. It would be for a pre-2013 lower that I have. I want to be clear on the law so neither the seller or myself run into any issues.

Be very careful with Armslist listings as many of them are "borrowed" from elsewhere. I'd do only FTF with anything off Armslist. Had a friend scalped out of $1,900 a few years ago after we'd tried to keep him from buying a M1A at $1,000 under market value. That seller, Luna, was in Texas and was eventually arrested by local authorities who knew him well. Our friend never recovered a cent and has since purchased a nice M1A. Good luck.

Lew--Ranger63

RoadDawg · Apr 27, 2016

steveh326 said:
It's my understanding that a complete AR upper is cash and carry, and can be purchased from either a store or an individual, and either in state or out of state, with no issues... am I correct or am I confused?

I found a used AR upper on ARMSLIST that I am interested in, but it's in VA. It would be for a pre-2013 lower that I have. I want to be clear on the law so neither the seller or myself run into any issues.

As long as that pre 2013 lower was yours prior to 10/01/13... You are free to proceed. However, if you did not own that lower prior to that date... Don't!

Hawkeye · Apr 27, 2016

RoadDawg said:
As long as that pre 2013 lower was yours prior to 10/01/13... You are free to proceed. However, if you did not own that lower prior to that date... Don't!

If we are talking about a non-HBAR upper.

If it's an HBAR then it doesn't matter when he bought the lower.

steveh326 · Apr 27, 2016

pre October 2013 lower, grandfathered for non-hbar. 16" barrel no interest in SBR. Already told the seller I wanted to inspect in person for ftf transaction, and now crickets for 2 days, so it may be a mute point, although the listing seemed legit but wtf do I know. I wondered after he didn't respond to my last email if he thought I was trying to pull a fast one, which I had no intention of doing at all, but that was the reason for my original question.

RoadDawg · Apr 28, 2016

Hawkeye said:
If we are talking about a non-HBAR upper.

If it's an HBAR then it doesn't matter when he bought the lower.

I got the impression that the OP was referring to a non HBAR upper... Which is why the 2013 date was mentioned in post 1.
My point was that there is a legal difference between a pre 2013 lower that "the builder owned prior to 10/01/13" and a lower that was "made prior to 10/01/13".

If the builder did not own it prior to that date. They cannot legally build a non HBAR rifle with it, in Maryland, no matter how old it is.
We don't want folks to get the idea that they can build a non HBAR rifle on a lower that they did not personally own prior to that date. EVEN though the lower may be a pre-2013 manufactured lower. Ownership is the legal key to the issue. Not the manufacturing date.

K.C.Dean · Apr 28, 2016

The barrel has to be 16 inches or 14.5 with a flash suppressor that has been pinned and welded.

rico903 · Apr 28, 2016

OP-you got all the legal advice. Now with what Goodguy said, Armslist is full of scams. Don't buy from there unless it a face to face transaction.

steveh326 · Apr 28, 2016

rico903 said:
OP-you got all the legal advice. Now with what Goodguy said, Armslist is full of scams. Don't buy from there unless it a face to face transaction.

I had no idea about ARMSLIST but yeah, gonna go with scam... seller disappeared as soon as I requested face to face and inspection a few days ago.... sigh... my search continues... seemed like a legit ad tho, but I guess I am just gullible (could not spell naieve).

Pinecone · Apr 28, 2016

K.C.Dean said:
The barrel has to be 16 inches or 16 overall with a muzzle device that has been pinned and welded.

FTFY.

You can put a 1 inch barrel on a rifle, IF you have a 15" pinned and welded or silver soldered muzzle device.

14.5" is common in ARs, as there are a number muzzle devices that bring to to 16+".

gungate · Apr 28, 2016

I've been happy with PSA. Cheap too!

http://palmettostatearmory.com/ar-15-05/barreled-upper-assemblies.html

GeorgeSSR · Apr 29, 2016

Hawkeye said:
If we are talking about a non-HBAR upper.

If it's an HBAR then it doesn't matter when he bought the lower.

Out of curiosity, does the caliber matter at all? I'm building a .300 blackout pistol, but might want to throw a 16" or larger upper on there one day. I've heard of other full rifles being sold cash and carry due to not being .223/5.56 (maybe I misread) and wondered if that applied to uppers as well.

ELCAM · Apr 29, 2016

RoadDawg said:
As long as that pre 2013 lower was yours prior to 10/01/13... You are free to proceed. However, if you did not own that lower prior to that date... Don't!

I would always try and retain proof that you owned it prior to 2013. My personal paranoid method was to add them to my gun trust(non NFA schedule) and notarized the page prior to the 10/01/13 date just to be safe.

2ndltsdad · Apr 29, 2016

gun show this weekend @ the cow palace should be able to find what you want ( dont know about the price but.... )

Purchase AR upper? pardon my ignorance/confusion

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