The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Reply
 
Thread Tools
Old March 20, 2012, 08:14 PM   #1
AntaresVariant
Junior Member
 
Join Date: March 20, 2012
Posts: 3
Illinois resident AR lower transfer question

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.

I'd like to not have to ship the receiver to another FFL and wait for the next time I'm in Illinois to pick it up. Is my idea feasible or am I just going to have to suck it up?

Thanks for the help.
AntaresVariant is offline  
Old March 20, 2012, 11:06 PM   #2
dogtown tom
Senior Member
 
Join Date: January 23, 2006
Location: Plano, Texas
Posts: 1,470
Quote:
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.
__________________
Need a FFL in north Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me.

$20 transfers ($10 for CHL, active military,police,fire or schoolteachers)
dogtown tom is offline  
Old March 21, 2012, 12:19 AM   #3
AntaresVariant
Junior Member
 
Join Date: March 20, 2012
Posts: 3
Dogtown tom,

Thanks for the clarification and all of the information. I'll definitely be looking into proving my residency through my student status. You've been incredibly helpful.

Thanks!
AntaresVariant is offline  
Old March 21, 2012, 08:42 AM   #4
bitttorrrent
Senior Member
 
Join Date: April 21, 2011
Location: Chicago
Posts: 662
wow dogtown, im impresses with your knowledge of handgun law!

So my understanding is IL allows longun (rifle/shotgun) purchase in different state but must still follow the 24hr waiting period of the state of IL. So if I am an IL resident, and go over to IN to buy a gun, it is legal without FFL, but must wait 24hr.

Does IL have something on their books about being a student in another state or does that defer to what ATF says? Meaning, is there any other rules to follow in MO or IL that need to be followed or filed to prove you are a part time full time resident of MO.
bitttorrrent is offline  
Old March 21, 2012, 09:11 AM   #5
dogtown tom
Senior Member
 
Join Date: January 23, 2006
Location: Plano, Texas
Posts: 1,470
Quote:
bitttorrrent So my understanding is IL allows longun (rifle/shotgun) purchase in different state but must still follow the 24hr waiting period of the state of IL. So if I am an IL resident, and go over to IN to buy a gun, it is legal without FFL, but must wait 24hr.
When outside your state of residence you may only acquire rifles or shotguns from a licensed dealer.....absolutely no transactions with a nonlicensee.

Quote:
Does IL have something on their books about being a student in another state or does that defer to what ATF says? Meaning, is there any other rules to follow in MO or IL that need to be followed or filed to prove you are a part time full time resident of MO.
I don't know much about IL law....Federal law has a different standard for the purpose of acquiring firearms than state laws do for other purposes such as voting, holding office, etc.

There is no such thing as "part time' resident under ATF regs.....while you may consider yourself a part time resident of two states, what ATF says is you are a resident of the state where you make your home.....and for proof you provide the alternate documents described above.
__________________
Need a FFL in north Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me.

$20 transfers ($10 for CHL, active military,police,fire or schoolteachers)
dogtown tom is offline  
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 12:21 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2013 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Contact Us
Page generated in 0.06399 seconds with 9 queries