AntaresVariant Hey guys,
I'm an Illinois resident but am going to school in Missouri. Recently, I bought a stripped AR lower and had it shipped to my gunsmith friend here in Missouri who has an FFL. I found out today, however, that because the receiver falls into the "other" category, I have to have it transfered to an FFL in Illinois, because technically it can be made into a pistol and thus, the special pistol transfer laws apply. My question is: Can I have my gunsmith friend attach a stock to the receiver so that it technically becomes a long gun? As I understand it, once a stock is attached, the receiver is classified as a long gun forever.
It's not "special pistol laws" as it has nothing to do with the possibility that it can be made into a pistol.
Federal law prohibits the transfer of firearms to a nonresident. Federal law then makes an exemption for rifles and shotguns ONLY...as long as the sale or transfer does not violate state law in the buyers state of residence.
Frames, receivers, AR lowers are considered "other firearms" (as opposed to long guns or handguns) and even if they can only be made into a rifle or shotgun they do not meet the definition of rifle or shotgun.
This means they can only be transferred to a resident of the same state who is at least 21 years of age.
Now the bad news:
depending on how your gunsmith friend is licensed he my not be able to transfer the gun as a rifle (if he is an 01 he cannot manufacture, an 07FFL can)
Attaching a stock does not change it to a "rifle"....as rifles must have both stock AND barrel to meet that definition. So you would need to have both stock and a barrelled upper attached. And HE would have to do this.
Now the good news:
You say you are going to school in Missouri.....according to ATF you are a resident of Missouri while you are living in Missouri......and a resident of Illinois while living there. If you are 21 you can legally acquire the stripped lower (or handguns if you want) from a Missouri FFL. Tell your gunsmith friend to read the instructions to question 20.b. "Alternate documentation" on the Form 4473.
Tell him to read this: http://www.atf.gov/regulations-rulin...ing-2010-6.pdf
And this: http://www.atf.gov/regulations-rulin...ling-80-21.pdf
You will need to show him your government issued photo ID (Illinois I presume) AND another valid government issued document showing your current residence address in Missouri. This could be a water bill, traffic ticket, tax bill, etc.
***If you aren't at least 21 you can only acquire a complete rifle or shotgun....no matter where you live.