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Built AR Pistol Lower, is it a "pistol"?
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NWGunner
Site Supporter
Location: South Seattle Joined: Thu May 2, 2013 Posts: 12475
Real Name: Steve
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It depends on what it "self-identifies" as...
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Sun Oct 28, 2018 6:48 pm |
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RocketScott
Site Supporter
Location: Kentucky Joined: Fri Jan 16, 2015 Posts: 11097
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Guns4Liberty wrote: I think what Steve meant is that the OEM is not the ultimate authority on determining the legal classification. They can call it what they want, but it is what ATF/the law says it is, so if the two aren't the same then OEM classification is irrelevant. In this case the OP was buying from a dealer. Selling something from an OEM. At least that’s what I think the situation is. I get what Steve was saying, but what Steve was saying confuses the original question. Sent from my iPhone using Tapatalk
_________________ You may be right, I may be crazy, but it just may be a lunatic you're looking for
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Sun Oct 28, 2018 9:21 pm |
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MadPick
Site Admin
Location: Renton, WA Joined: Sun Mar 13, 2011 Posts: 52067
Real Name: Steve
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RocketScott wrote: I get what Steve was saying, but what Steve was saying confuses the original question. Really? The OEM can build whatever they want, but the ATF will determine how that product gets transferred (pistol, rifle, other).
_________________SteveBenefactor Life Member, National Rifle AssociationLife Member, Second Amendment FoundationPatriot & Life Member, Gun Owners of AmericaLife Member, Citizens Committee for the Right to Keep and Bear ArmsLegal Action Supporter, Firearms Policy CoalitionMember, NAGR/NFGRPlease support the organizations that support all of us.Leave it cleaner than you found it.
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Sun Oct 28, 2018 10:16 pm |
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RocketScott
Site Supporter
Location: Kentucky Joined: Fri Jan 16, 2015 Posts: 11097
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MadPick wrote: RocketScott wrote: I get what Steve was saying, but what Steve was saying confuses the original question. Really? The OEM can build whatever they want, but the ATF will determine how that product gets transferred (pistol, rifle, other). The classifications aren’t a secret though. The OEM knows what they are building and how it will leave the factory. Sent from my iPhone using Tapatalk
_________________ You may be right, I may be crazy, but it just may be a lunatic you're looking for
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Mon Oct 29, 2018 6:36 am |
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MadPick
Site Admin
Location: Renton, WA Joined: Sun Mar 13, 2011 Posts: 52067
Real Name: Steve
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RocketScott wrote: The classifications aren’t a secret though. The OEM knows what they are building and how it will leave the factory. Here's a "pistol marked lower": https://www.gunsamerica.com/931936584/M ... -M0210.htmIf I buy that, how will it be identified on the 4473?
_________________SteveBenefactor Life Member, National Rifle AssociationLife Member, Second Amendment FoundationPatriot & Life Member, Gun Owners of AmericaLife Member, Citizens Committee for the Right to Keep and Bear ArmsLegal Action Supporter, Firearms Policy CoalitionMember, NAGR/NFGRPlease support the organizations that support all of us.Leave it cleaner than you found it.
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Mon Oct 29, 2018 11:34 am |
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MyNameIs940
Site Supporter
Location: Kirkland Joined: Wed May 30, 2018 Posts: 820
Real Name: Shawn
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MadPick wrote: RocketScott wrote: The classifications aren’t a secret though. The OEM knows what they are building and how it will leave the factory. Here's a "pistol marked lower": https://www.gunsamerica.com/931936584/M ... -M0210.htmIf I buy that, how will it be identified on the 4473? Other if the ffl knows what they are doing. It is a receiver until a barrel is attached regardless if it has a stock/brace or nothing. Sent from my iPhone using Tapatalk
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Mon Oct 29, 2018 11:45 am |
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jorgeu
Site Supporter
Joined: Tue Aug 22, 2017 Posts: 631
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So, if I buy a AR-15 lower and run the background check as a long gun then I cannot built it into a pistol?
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Mon Oct 29, 2018 1:57 pm |
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Guns4Liberty
Site Supporter
Location: Lynnwood/Bothell Joined: Thu Jul 31, 2014 Posts: 8565
Real Name: Curtis
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jorgeu wrote: So, if I buy a AR-15 lower and run the background check as a long gun then I cannot built it into a pistol? If all you're buying is the lower, and it has never been previously built into a rifle, then it should be marked as "other" on the 4473 and can you can do as you please with it. At least that is my understanding...YMMV
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Mon Oct 29, 2018 2:06 pm |
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root
Site Supporter
Location: Apple Country! Joined: Thu Apr 12, 2012 Posts: 4578
Real Name: J
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MadPick wrote: Yes, an FFL will not treat an "other" as a pistol. That's Washington state policy. You say that... However there are a LOT of bad FFLs out there that dont know what the fuck they are doing. MadPick wrote: RocketScott wrote: The classifications aren’t a secret though. The OEM knows what they are building and how it will leave the factory. Here's a "pistol marked lower": https://www.gunsamerica.com/931936584/M ... -M0210.htmIf I buy that, how will it be identified on the 4473? Its an other. Plain and Simple. jorgeu wrote: So, if I buy a AR-15 lower and run the background check as a long gun then I cannot built it into a pistol? You can not just "run" it as a long gun. It is an other. Again, there are a lot of FFLs that talk out their ass and dont know the actual way of doing this.
_________________ "Guns are dangerous." -Massivedesign
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Tue Oct 30, 2018 12:38 pm |
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Capn Blood
Location: On your six Joined: Fri Feb 23, 2018 Posts: 873
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After the upcoming abomination initiative passes, what would be the legal status at state level if someone bought an "other" lower, built it into a pistol, then later changed to a stock and minimum 16 inch barrel?
_________________ Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves. - William Pitt the Younger
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Fri Nov 02, 2018 11:08 am |
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Guns4Liberty
Site Supporter
Location: Lynnwood/Bothell Joined: Thu Jul 31, 2014 Posts: 8565
Real Name: Curtis
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Capn Blood wrote: After the upcoming abomination initiative passes, what would be the legal status at state level if someone bought an "other" lower, built it into a pistol, then later changed to a stock and minimum 16 inch barrel? The person already owns it, so it wouldn't be affected by 1639, which only modifies the purchase/transfer process for new-to-you firearms.
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Fri Nov 02, 2018 11:23 am |
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Capn Blood
Location: On your six Joined: Fri Feb 23, 2018 Posts: 873
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Guns4Liberty wrote: Capn Blood wrote: After the upcoming abomination initiative passes, what would be the legal status at state level if someone bought an "other" lower, built it into a pistol, then later changed to a stock and minimum 16 inch barrel? The person already owns it, so it wouldn't be affected by 1639, which only modifies the purchase/transfer process for new-to-you firearms. Suspected this was the case and it basically neuters the unconstitutional abomination as far as certain designs
_________________ Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves. - William Pitt the Younger
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Mon Nov 05, 2018 6:36 am |
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