Log in

View Full Version : Reclassify?



Mtneer
04-03-2017, 18:57
I have a stripped lower that I'm considering for an AR-pistol project. When I did my 4473, I probably checked the Rifle box because that's what I was thinking at the time. What do I need to do to keep this a legal build? Sounds like I can have it reclassified but is that a major hassle/expense? I guess the other option is to just start fresh with a new lower and check the Other box. None of this NFA stuff makes sense to me...but you all already know that.

Graves
04-03-2017, 19:04
It's usually the dealer who fills out the firearm details, you write down your personal info. Last I checked, you can never legally go rifle to pistol.

CS1983
04-03-2017, 19:31
Buy a lower as a pistol and build up. That way you can configure as wanted until you SBR it, minus the stock. But upper, accoutrements, etc can all be there and proofed before you spend money to subject yourself to the GayTF

SAnd
04-03-2017, 19:55
Contact the dealer and ask how he filled out the 4473. I think he has to mark it as "Other" if it isn't already assembled as a pistol or long gun. If it is on the form as an Other then you can build it either way.

Great-Kazoo
04-03-2017, 20:49
Contact the dealer and ask how he filled out the 4473. I think he has to mark it as "Other" if it isn't already assembled as a pistol or long gun. If it is on the form as an Other then you can build it either way.

This is the correct answer for clarifying what the item was sold as.. A stripped lower should be checked as Other
If one must know how the item in question was sold. ALWAYS go to the source.

Zman
04-05-2017, 10:03
Looking at prices of lowers now, probably the easiest to just get another "other" :)

Z

Great-Kazoo
04-05-2017, 11:36
Looking at prices of lowers now, probably the easiest to just get another "other" :)

Z

While an option. The question is why?
The FFL not the OP fills in the Hand Gun, Long Gun, Other Firearm box. If the FFL didn't do it correctly that's on him as it's neither a long or hand gun. Requiring the Other box to be checked AND also the buyer to be 21 or older. As the lower could be built in a pistol config, which by law is a 21+ requirement.



Page 5 of the 4473

Question 16. Type of Firearm(s):
"Other" refers to frames, receivers and other firearms that are neither handguns nor long guns (rifles or shotguns), such as firearms having a pistol grip that expel a shotgun shell, or National Firearms Act (NFA) firearms, including silencers.
If a frame or receiver can only be made into a long gun (rifle or shotgun), it is still a frame or receiver not a handgun or long gun. However, frames and receivers are
still "firearms" by definition, and subject to the same GCA limitations as any other firearms. See Section 921(a)(3)(B). Section 922(b)(1) makes it unlawful for a
licensee to sell any firearm other than a shotgun or rifle to any person under the
age of 21. Since a frame or receiver for a firearm, to include one that can only be made into a long gun, is a "firearm other than a shotgun or rifle," it cannot be
transferred to anyone under the age of 21, nor can these firearms be transferred to anyone who is not a resident of the State where the transfer is to take place.

Mtneer
04-05-2017, 18:18
The reply from my FFL: "I just checked your 4473 was done on a receiver (not rifle or pistol), so not sure how that applies. Your best bet is likely to contact the ATF and see what they say."

Hoser
04-05-2017, 18:20
The reply from my FFL: "I just checked your 4473 was done on a receiver (not rifle or pistol), so not sure how that applies. Your best bet is likely to contact the ATF and see what they say."

Then you are legal to build it into a pistol.

brutal
04-05-2017, 18:23
The reply from my FFL: "I just checked your 4473 was done on a receiver (not rifle or pistol), so not sure how that applies. Your best bet is likely to contact the ATF and see what they say."

Translation, "Other," which like Hoser said, makes it legal for pistol build.


Note: I AM NOT A LAWYER AND HAVEN'T SLEPT IN A HIE IN OVER A DECADE.

Circuits
04-05-2017, 22:05
Even if the FFL mistakenly ticked the "long gun" box on the 4473 when you bought it - it's still legal to build into a handgun or AOW or anything else, even if it had a stock attached, so long as it has never been part of a complete rifle or shotgun. The only problem in the case of an FFL mistakenly ticking "long gun" would be proving it had never before been assembled, if the question happened to come up.