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Old February 20, 2012, 09:17 AM   #26
David Hineline
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Join Date: December 23, 1999
Location: South Sioux City, Nebraska
Posts: 703
Well that's a nice letter written to an individual. Carry on as you will.
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Old February 20, 2012, 09:25 AM   #27
rjrivero
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Join Date: November 17, 2008
Location: NW Ohio
Posts: 1,345
While I agree that a letter carries precious little weight, coupled with the instructions on the 4473 quoted above (post 19), I highly suggest you have a discussion with your ATF examiner.

I have no doubt that you are a man of integrity and that you believe earnestly that you are filling out your 4473's correctly. What you are attesting to in your 4473's when you fill out a complete receiver with a butt stock as "long gun" is that you are transferring a rifle or shotgun. The fact is, you don't know WHAT your customer is going to do with that lower. He could make it a rifle, pistol, shotgun, SBR, SBS or ANY firearm. Of course you have no control over what your customer does with that lower. However, what you are saying is that when it left the shop it was a Title 1 firearm, when clearly that is not the condition of the firearm when it leaves the shop.

Please READ the 4473 instruction section and call your examiner for clarification.

Last edited by rjrivero; February 20, 2012 at 10:29 AM.
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Old February 21, 2012, 08:43 PM   #28
Tom Servo
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Join Date: September 27, 2008
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RJ and Tom (the other one) are right. From the horse's mouth, as of July, 2009 [pdf]:

Quote:
Under section 921(a)(3)(B), frames or receivers are defined as firearms. However, frames and receivers are not rifles, shotguns, or handguns (pĂ­stols or revolvers), even if they can only be made into one of these firearms. See Title 27, Code of Federal Regulations, section 478.11 (defining these terms). This is because a frame or receiver
does not have the features required for a rifle or shotgun
(e.g., a buttstock indicating it is designed and intended to be fired from the shoulder), or a pistol or revolver (e. g., a weapon with a short stock designed to be gripped by one hand and at an angle to and extending the line of the bore). As a result, Federal Firearms Licensees (FFLS)
should note several things:

First, an FFL may not sell a frame or receiver to anyone under 21 years of age. [Title i8, U.S.C., section 922(b)(l)].

Second, an FFL may not transfer a frame or receiver to an unlicensed person from another State. [Title 18, U.S.C., section 922(b)(3)].
The biggest stink at the time was that folks under 21 couldn't build their own rifles from scratch. There was also some griping about 18-year-olds not being able to buy those goofy Mossberg Cruisers.
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