Legality of selling pre- 2013 AR-15 pattern lower

My Toy · Jan 22, 2020

Forgive me if this has been covered before. I'm a non-FFL or manufacturer. I have several AR-15 clone lowers that I bought as functioning assembled lowers pre 2013. I also have several stripped AR-15 clone lowers that I purchased and built in to functioning lower receivers (also pre 2013). I'm pretty sure they are considered AW can not be sold in MD by virtue of being pre 2013 but could be sold in another state where legal. Am I correct about that?
Also is there any issue with selling a stripped lower that I completed and added an upper receiver to-- to sell as a complete rifle. What I'm getting at is - would this make me (or anybody else that would sell this complete rifle) an illegal manufacturer?
Thanks.

lazarus · Jan 23, 2020

No issue selling just the lowers in MD. Built or stripped. They need to be sold on a 77r via an FFL facilitating the transfer or through a MSP barracks.

Whomever bought them could/should only build them as heavy barreled/HBAR rifles, or in a caliber other than .223/5.56. As their possession would be lost October 2013.

You could build them as any kind of rifle you want for your own self. If you were to sell them, then they must be heavy barreled/HBAR rifles if in .223/5.56 caliber and sold within MD. Or whatever outside of MD (so long as the state you are selling in to allows and of course through an FFL since it would an interstate transfer).

ATF cares about the serialized part in regards to what is considered “manufacturing”. Not sure exactly though if you were making this a business of finishing lowers in to rifles to sell. I cannot possibly imagine they’d come down on you for finishing a few lowers and selling them. So long as you were following all other state and federal rules on the transfer.

My Toy · Jan 23, 2020

lazarus said:
No issue selling just the lowers in MD. Built or stripped. They need to be sold on a 77r via an FFL facilitating the transfer or through a MSP barracks.

Whomever bought them could/should only build them as heavy barreled/HBAR rifles, or in a caliber other than .223/5.56. As their possession would be lost October 2013.

You could build them as any kind of rifle you want for your own self. If you were to sell them, then they must be heavy barreled/HBAR rifles if in .223/5.56 caliber and sold within MD. Or whatever outside of MD (so long as the state you are selling in to allows and of course through an FFL since it would an interstate transfer).

ATF cares about the serialized part in regards to what is considered “manufacturing”. Not sure exactly though if you were making this a business of finishing lowers in to rifles to sell. I cannot possibly imagine they’d come down on you for finishing a few lowers and selling them. So long as you were following all other state and federal rules on the transfer.

So if they are equipped currently with a non-hbar upper that is OK since they are pre 2013. However the lower only could be sold without a upper via FFL on a 77r but the purchaser could only put an hbar upper on it to keep it in compliance with FSA of 2013?

lazarus · Jan 23, 2020

My Toy said:
So if they are equipped currently with a non-hbar upper that is OK since they are pre 2013. However the lower only could be sold without a upper via FFL on a 77r but the purchaser could only put an hbar upper on it to keep it in compliance with FSA of 2013?

If you are asking what I think you are, yes. To be clear

Only for you to possess. If you are selling them they may not have a non-HBAR upper on them unless it is a caliber other than .223/5.56.

Your possession is grandfathered in as a non-HBAR, but you can’t transfer in a non-HBAR configuration in MD.

So you can sell the lower stripped or built in MD, but it must be on a 77r and through an FFL or MSP barracks.

You can put a 6.5 Grendel pencil barreled upper on one if you want and sell it face to face (unless house bill 004 passes) within MD to a MD resident. Or through an FFL to a non-MD resident or outside of MD.

You can put an HBAR .223/5.56 barreled upper on one and the same applies above.

If you have a non-HBAR .223/5.56 upper it may only be sold outside of the state, to a non-MD resident and through an FFL. You may not sell it within Maryland’s geographic borders in such a configuration, even if it is to an out of state resident. The moment it is possessed by someone else within the borders of MD, they are committing a crime.

Only you can have possession of it in a banned configuration as your possession predates FSA2013 and was grandfathered in.

Slim · Jan 23, 2020

lazarus said:
Only you can have possession of it in a banned configuration as your possession predates FSA2013 and was grandfathered in.

This. Don't sell a pre-2013 lower.

It's only worth $50-100 to someone else, but is priceless and irreplaceable to you.

Melnic · Jan 23, 2020

Are you moving out of state?
Are you needing the $?

If hard up for $, You can sell the components (Upper assembly, stock, tube, Lower parts kit) and keep the lowers and come back to it one day if needed.
As said, don't sell the Pre Oct 2013 Lower.

I have to admit that as an assembled rifle, its worth more to someone else but your knocking off $50 or so to an out of state buyer cause he/you will have to pay a transfer fee to the out of state FFL.
The out of state buyer would find it way less convenient to do this vs a face to face transaction. Thus limiting your market and lowering the value.

Falkus · Jan 26, 2020

Slim said:
This. Don't sell a pre-2013 lower.

It's only worth $50-100 to someone else, but is priceless and irreplaceable to you.

Agree - I just bought a Lower Receiver recently for $40.

Legality of selling pre- 2013 AR-15 pattern lower

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