MSP now saying all lowers require 77r??

[ZBryant63]

Copy all. Could one purchase a complete lower, supply a MD legal upper and have the FFL assemble the complete rifle as a service and transfer it as a a complete MD legal AR? I can't imagine this hasn't been covered before, I just can't find it anywhere.

 

[mvee]

Copy all. Could one purchase a complete lower, supply a MD legal upper and have the FFL assemble the complete rifle as a service and transfer it as a a complete MD legal AR? I can't imagine this hasn't been covered before, I just can't find it anywhere.

It might be possible. Something I have heard, but I am not sure if it true, is that this would be manufacturing a firearm and it must be done by an 07 FFL.

It would not be an easy or strightforward endeavor.

 

[jcutonilli]

It might be possible. Something I have heard, but I am not sure if it true, is that this would be manufacturing a firearm and it must be done by an 07 FFL.

It would not be an easy or strightforward endeavor.

How are you manufacturing a firearm? The lower receiver is a firearm all by itself. All you are doing is adding to an existing firearm.

 

[Mark75H]

I agree, this may be uncharted territory with no case law. Guess your best.

 

[mvee]

How are you manufacturing a firearm? The lower receiver is a firearm all by itself. All you are doing is adding to an existing firearm.

It’s all kind of semantics.

As I understand it the ATF has determined that if someone has made a rifle from a bare lower, they have manufactured a rifle which is a firearm. It doesn’t matter that it started as a firearm, they made a rifle and must be properly licensed to do that.

Apparently it’s perfectly legal for a FFL to assemble a virgin lower into a rifle if it is already owned by the customer.

FFL 07 Questions as to manufacturing; - AR15.COM

Firearm Discussion and Resources from AR-15, AK-47, Handguns and more! Buy, Sell, and Trade your Firearms and Gear.

www.ar15.com

 

[jcutonilli]

It’s all kind of semantics.

As I understand it the ATF has determined that if someone has made a rifle from a bare lower, they have manufactured a rifle which is a firearm. It doesn’t matter that it started as a firearm, they made a rifle and must be properly licensed to do that.

Apparently it’s perfectly legal for a FFL to assemble a virgin lower into a rifle if it is already owned by the customer.

FFL 07 Questions as to manufacturing; - AR15.COM

Firearm Discussion and Resources from AR-15, AK-47, Handguns and more! Buy, Sell, and Trade your Firearms and Gear.

www.ar15.com

It is not semantics. The law as written (18 USC 921(a)(11)(B)) defines a dealer as "any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms," Assembling an AR is nothing more than a combination of those three items. The manufacturing of the firearm took place when the lower receiver was made (manufactured).

 

[ironpony]

As I understand it the ATF has determined that if someone has made a rifle from a bare lower, they have manufactured a rifle which is a firearm.

FFL 07 Questions as to manufacturing; - AR15.COM

Firearm Discussion and Resources from AR-15, AK-47, Handguns and more! Buy, Sell, and Trade your Firearms and Gear.

www.ar15.com

I'm thinking this may have more to do with a license if that someone is reselling these things. By "bare lower" do you mean previously un-registered/no serial number on the books anywhere? That may be the difference.

 

[mvee]

I'm thinking this may have more to do with a license if that someone is reselling these things. By "bare lower" do you mean previously un-registered/no serial number on the books anywhere? That may be the difference.

Yes. I guess I was unclear.

All of what I was saying was referring to a business that is selling guns. A regular dealer (01FFL) can’t take an unfinished lower out of his inventory and slap an upper and lpk on and sell it as a rifle The dealer would be manufacturing a rifle in the eyes of the ATF.

There are other recording marking and tax requirements that manufacturers (FFL07) also follow.

This is the way that I understand that the ATF interprets things. I am not saying that I agree with them.

Anyways, there still a store in Edgewater convinced that 308 lowers need a 77r and a wait. Did something change?