Current laws about ARs

**Spats McGee** · November 5, 2010, 04:50 PM

I'm not in the market for an AR, but I've become curious about the laws surrounding them. I've noticed that there are pistols, uppers, lowers, barrels, etc., and I know that all of that must be connected to the AWB of 1994-2004, right?. Can anyone point me to a decent source for the current status of federal laws on ARs? Yes, I could get on Westlaw and dig through the federal statutes, but I'm really just looking for an overview. The sources that I have found on the internet have not proven particularly helpful. (If I want the nitty-gritty, I will go read the statutes myself.) If I were in the market for an AR, could I just go down to my local gun shop and buy one (assuming that my state law permits it)?

Technosavant · November 5, 2010, 07:24 PM

ARs are not treated any differently from any other firearms. The 1994 AWB is irrelevant unless you live in a state who based its own ban on it. Federally there are no distinctions still in force from that law.

A pistol AR has no shoulder stock. It is regulated as a handgun, no more.

Barrel lengths have to do with the 1934 NFA. Go shorter than 16" on a rifle and you had better have the tax stamp for it.

The stripped lower receiver is the serial numbered part, and as such is legally the firearm. Everything else is just parts. Same with any other firearm- if it isn't the serial numbered receiver, it is parts. The receiver is the firearm.

Sent from my MB300 using Tapatalk

**Spats McGee** · November 6, 2010, 03:51 AM

Thank you, Technosavant. Somehow, I thought things were still more complicated than that.

silvercorvette · November 7, 2010, 02:21 PM

Quote:

Thank you, Technosavant. Somehow, I thought things were still more complicated than that.

They are more complicated by state laws. Fortunately there are only 5 states that restrict ARs. NY, NJ, CA, HI and ??? I forget the third one but it isn't your state.

This site can be helpful

http://www.ar15.com/forums/board.html?b=3

Mr Lucky · November 7, 2010, 02:57 PM

Quote:

They are more complicated by state laws. Fortunately there are only 5 states that restrict ARs. NY, NJ, CA, HI and ??? I forget the third one but it isn't your state.

CT & MA also restrict "Assault Weapons" Semi-auto AR rifles included.

silvercorvette · November 7, 2010, 08:37 PM

Quote:

CT & MA also restrict "Assault Weapons" Semi-auto AR rifles included.

By the way there is no such thing as an assault weapon, it is just a made up word to make them sound bad. I prefer calling my guns sport utility rifles.

In many cases some guns that are exactly the same but have a different stock or flash suppressor suddenly becomes "Assault Weapons". Many bolt action hunting guns are far more powerful than an AR sport utility rifle but the Brady bunch want's to outlaw them because they look scary

abelacres · November 7, 2010, 08:49 PM

Quote:

I prefer calling my guns sport utility rifles.

HAHAHAHA! Love it! Is that strictly an AR term or is it acceptable for any "Evil" gun?

Mr Lucky · November 7, 2010, 08:50 PM

Quote:

By the way there is no such thing as an assault weapon, it is just a made up word to make them sound bad. I prefer calling my guns sport utility rifles.

Right, to all of us here, I hope it is understood that the so called "assault weapon" is just another semi-auto.

I use the word "assault weapon" directly from a state statute's definition. If I don't use the proper term when discussing State or Federal firearms law, someone will always call me on it and say that is not what section XXX.99 says.

Whenever you see the word assault rifle, just change it to black rifle.

silvercorvette · November 7, 2010, 08:58 PM

Quote:

HAHAHAHA! Love it! Is that strictly an AR term or is it acceptable for any "Evil" gun?

I refuse to allow the Brady bunch to use the term "Assault guns" to define our weapons. I have the right to call my guns by what ever term I want and so does any owner have the same right to define their own weapons. Heck if you want to call them homeland defense guns that is also good with me

Mr Lucky · November 7, 2010, 09:10 PM

Quote:

I refuse to allow the Brady bunch to use the term "Assault guns" to define our weapons. I have the right to call my guns by what ever term I want and so does any owner have the same right to define their own weapons. Heck if you want to call them homeland defense guns that is also good with me

Homeland defense doesn't sound just right to me. How about Down Home Defense Rifle?

silvercorvette · November 7, 2010, 09:33 PM

Quote:

Down Home Defense Rifle?

hogdogs · November 7, 2010, 09:52 PM

My guns are "meat makers"...

Brent

silvercorvette · November 7, 2010, 11:36 PM

Quote:

My guns are "meat makers"

Tools for harvesting organically grown chemical free low cholesterol meat.

EDIT non-polluting, non climate changing

**Spats McGee** · November 8, 2010, 12:34 PM

Thanks, everyone. That clears up what I wanted to know. It really does seem like a better term than "Assault Rifle" ought to be in place. Any rifle could be used for an assault.

brickeyee · November 8, 2010, 02:52 PM

A lot of confusion was created when BATFE noticed the rising volume of receivers in commerce.

Under federal law no one under 21 can purchase a gun from an FFL, but there is an exception made for long arms allowing the purchase at 18.

A receiver (for many long arms) is NOT a long arm until assembled.

Thus the 21 year old restriction on receivers, since they could (legally) be made into a handgun and do not meet the definition of a long gun for the exception to apply.

There are also federal rules about making a long gun into a handgun ('short barreled rifle').

You can make a handgun into a long gun legally, just not a long gun into a handgun (special hoops not included here).

Once a receiver is transferred as rifle it cannot be made into a handgun.
Before that point it could be either, and an FFL may not treat it as a long gun for transfer.

Al Norris · November 8, 2010, 03:01 PM

Just to make a fine point:

"Assault weapon" is a coined term that is defined by some legislators (it was first used as part of a weapons ban by the Brady's and HCI). "Assault weapon" can literally be any firearm a legislature defines as too "evil" for public use. Almost all "assault weapons" (as defined) are EBR's (Evil Black Rifles), but also include some high caliber bolt action rifles and some handguns.

"Assault Rifle" is a military term that means any gas operated rifle that has the "happy" switch (AKA, selector switch - Safe; Semi; Auto).

Technosavant · November 8, 2010, 04:55 PM

Quote:

A receiver (for many long arms) is NOT a long arm until assembled.

Thus the 21 year old restriction on receivers, since they could (legally) be made into a handgun and do not meet the definition of a long gun for the exception to apply.

There are also federal rules about making a long gun into a handgun ('short barreled rifle').

You can make a handgun into a long gun legally, just not a long gun into a handgun (special hoops not included here).

Once a receiver is transferred as rifle it cannot be made into a handgun.
Before that point it could be either, and an FFL may not treat it as a long gun for transfer.

This is a good point, and it is one of the changes the ATF made when they revised the 4473 a few short years ago.

If you're older than 21, then this is pretty much a moot point. If you're younger than 21, you can't get a stripped AR lower- you have to buy a complete lower, because the addition of the buttstock made the receiver a long gun. Likewise, addition of a bare receiver extension (no stock, no provision for one) would make that lower a handgun- while the handgun lower could take a barrel of less than 16" without becoming a short barreled rifle, the long gun receiver cannot.

November 5, 2010, 04:50 PM	#1
Spats McGee Staff Join Date: July 28, 2010 Location: Arkansas Posts: 8,821	Current laws about ARs I'm not in the market for an AR, but I've become curious about the laws surrounding them. I've noticed that there are pistols, uppers, lowers, barrels, etc., and I know that all of that must be connected to the AWB of 1994-2004, right?. Can anyone point me to a decent source for the current status of federal laws on ARs? Yes, I could get on Westlaw and dig through the federal statutes, but I'm really just looking for an overview. The sources that I have found on the internet have not proven particularly helpful. (If I want the nitty-gritty, I will go read the statutes myself.) If I were in the market for an AR, could I just go down to my local gun shop and buy one (assuming that my state law permits it)?

November 5, 2010, 07:24 PM	#2
Technosavant Senior Member Join Date: May 29, 2007 Location: St. Louis, MO area Posts: 4,040	ARs are not treated any differently from any other firearms. The 1994 AWB is irrelevant unless you live in a state who based its own ban on it. Federally there are no distinctions still in force from that law. A pistol AR has no shoulder stock. It is regulated as a handgun, no more. Barrel lengths have to do with the 1934 NFA. Go shorter than 16" on a rifle and you had better have the tax stamp for it. The stripped lower receiver is the serial numbered part, and as such is legally the firearm. Everything else is just parts. Same with any other firearm- if it isn't the serial numbered receiver, it is parts. The receiver is the firearm. Sent from my MB300 using Tapatalk

November 6, 2010, 03:51 AM	#3
Spats McGee Staff Join Date: July 28, 2010 Location: Arkansas Posts: 8,821	Thank you, Technosavant. Somehow, I thought things were still more complicated than that.

November 7, 2010, 09:52 PM	#12
hogdogs Staff In Memoriam Join Date: October 31, 2007 Location: Western Florida panhandle Posts: 11,069	My guns are "meat makers"... Brent

November 8, 2010, 12:34 PM	#14
Spats McGee Staff Join Date: July 28, 2010 Location: Arkansas Posts: 8,821	Thanks, everyone. That clears up what I wanted to know. It really does seem like a better term than "Assault Rifle" ought to be in place. Any rifle could be used for an assault.

November 8, 2010, 02:52 PM	#15
brickeyee Senior Member Join Date: December 29, 2004 Posts: 3,351	A lot of confusion was created when BATFE noticed the rising volume of receivers in commerce. Under federal law no one under 21 can purchase a gun from an FFL, but there is an exception made for long arms allowing the purchase at 18. A receiver (for many long arms) is NOT a long arm until assembled. Thus the 21 year old restriction on receivers, since they could (legally) be made into a handgun and do not meet the definition of a long gun for the exception to apply. There are also federal rules about making a long gun into a handgun ('short barreled rifle'). You can make a handgun into a long gun legally, just not a long gun into a handgun (special hoops not included here). Once a receiver is transferred as rifle it cannot be made into a handgun. Before that point it could be either, and an FFL may not treat it as a long gun for transfer.

November 8, 2010, 03:01 PM	#16
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Just to make a fine point: "Assault weapon" is a coined term that is defined by some legislators (it was first used as part of a weapons ban by the Brady's and HCI). "Assault weapon" can literally be any firearm a legislature defines as too "evil" for public use. Almost all "assault weapons" (as defined) are EBR's (Evil Black Rifles), but also include some high caliber bolt action rifles and some handguns. "Assault Rifle" is a military term that means any gas operated rifle that has the "happy" switch (AKA, selector switch - Safe; Semi; Auto).