Mailing a stripped lower

[burrhead]

I have several new stripped AR lowers. Is it legal for me, a non-FFL, to use the USPS to mail one to a FFL since it is neither rifle nor handgun?

[Davey]

I don't think it's legal to use the us postal service. The lower is still a firearm.

[dogtown tom]

USPS only allows licensed dealers and manufacturers to mail a firearm other than a rifle or shotgun.

Firearm frames, receivers and AR lowers are firearms and capable of being concealed on the body.......therefore mailable only by licensed dealers and manufacturers.

The good news is...............they aren't handguns. Which means they can be shipped via UPS Ground or FedEx Ground.

[colbad]

A lower is considered a firearm and all rules apply. Need to send via something other than USPS and notify shippler.

[burrhead]

Thanks again, dog town.


Moderator, please close this post.

[Aguila Blanca]

Originally Posted by colbad

A lower is considered a firearm and all rules apply. Need to send via something other than USPS and notify shippler.

Sure the rules apply -- but what are the rules for something that is neither a handgun nor a long gun? USPS regulations are that individual other than FFLs may not mail handguns, but may mail long guns. The postal regulations do NOT say that individuals may not mail "firearms."

According to the BATFE, a receiver that has not yet been built into a rifle or a handgun is neither -- it is a "receiver." I think this is what gives rise to burrhead's question, and I respectfully suggest that so far nobody has given a completely responsive answer. (Except Dogtown Tom, as usual.)

I don't think the USPS regulations even address unbuilt receivers. If that's the case, an argument could be made that "That which is not illegal ... is legal." That said, I don't think I would knowingly volunteer to become the test case.

[Frank Ettin]

Originally Posted by Aguila Blanca

...I don't think the USPS regulations even address unbuilt receivers. If that's the case, an argument could be made that "That which is not illegal ... is legal." That said, I don't think I would knowingly volunteer to become the test case.

That's not going to work.

1. Specific rules for the mailing of firearms are set out in USPS Publication 52:

   432.2 Handguns
   
   Handguns and other firearms capable of being concealed on the person are nonmailable unless mailed between the parties listed in this section, after the filing of an affidavit or statement described in 432.22 or 432.24, and are subject to the following:
   
   

   1. Firearms meeting the definition of a handgun under 431.2 and the definition of curios or relics under 27 CFR 478.11 may be mailed between curio and relic collectors only when those firearms also meet the definition of an antique firearm under 431.3.
      
      
   2. Firearms meeting the definition of a handgun under 431.2, which are certified by the curator of a municipal, state, or federal museum that exhibits firearms to be curios or relics of museum interest, may be accepted for mailing without regard to the restrictions provided for handguns in Exhibit 432.25 and in 432.21 through 432.24.
      
      
   3. Air guns that do not fall within the definition of firearms under 431.1 that are capable of being concealed on a person are mailable, but must include adult signature service under DMM 503.9.0. Mailers must comply with all applicable state and local regulations.
      
      
   4. Parts of handguns are mailable, except for handgun frames, receivers or other parts or components regulated under Chapter 44, Title 18, U.S.C.
      
      
   5. Mailers are also subject to applicable restrictions by governments of a state, territory, or district.

   and
   

   432.3 Rifles and Shotguns
   
   Except under 431.2, unloaded rifles and shotguns are mailable....

2. There are specific definitions that apply:

   431.2 Handguns
   
   Pistols, revolvers, and other firearms capable of being concealed on the person (for example, short-barreled shotguns and short-barreled rifles) are defined as handguns. The following definitions apply:
   
   

   1. Handgun (including pistols and revolvers) means any firearm which has a short stock, and is designed to be held and fired by the use of a single hand and subject to 431.1, or a combination of parts from which a handgun can be assembled.
      
      
   2. Other firearms capable of being concealed on the person include, but are not limited to, short-barreled shotguns and short-barreled rifles.
      
      
   3. Short-barreled shotgun means a shotgun that has one or more barrels less than 18 inches long. The term short-barreled rifle means a rifle that has one or more barrels that are less than 16 inches long. These definitions include any weapon made from a shotgun or rifle, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches. A short-barreled shotgun or rifle of greater dimension may be regarded as nonmailable when it has characteristics to allow concealment on the person.

   and
   

   431.4 Rifles and Shotguns
   
   A rifle is a shoulder weapon having a barrel that is 16 inches or more in length. A shotgun is a shoulder weapon having a barrel that is 18 inches or more in length. Rifles and shotguns have an overall length of 26 inches or greater and cannot be concealed on a person.

3. Given the specific definitions in the USPS regulations, a receiver that has not yet been built into a rifle or a handgun can not possibly be considered a rifle or shotgun. It arguably falls under 432.2.d. as:

   ...handgun frames, receivers or other parts or components regulated under Chapter 44, Title 18, U.S.C.

   It is a frame which could be made into a complete handgun, and it is absolutely regulated under Chapter 44, Title 18, U. S. C. It would therefore be non-mailable, except by an FFL or certain other specified persons, and then only to an FFL or certain other specified persons.

[Aguila Blanca]

I don't think the USPS regulations even address unbuilt receivers. If that's the case, an argument could be made that "That which is not illegal ... is legal." That said, I don't think I would knowingly volunteer to become the test case.

Thanks, Frank. Looks like I was wrong.

432.2.d seems to be pretty clear:

Parts of handguns are mailable, except for handgun frames, receivers or other parts or components regulated under Chapter 44, Title 18, U.S.C.

Except that it specifically says "handgun" parts, including ... And a stripped receiver that has not yet been built into a complete firearm is not yet a handgun. The same receiver (for an AR-15) can be built into either a handgun or a long gun. Until it is made into one or the other, it is neither.

In fact, is an unbuilt receiver even a firearm? It isn't capable of expelling a projectile, so by most legal definitions it isn't.

I concede that it's probably not allowed, but I don't see a crystal clear path to documenting it.

[2ndsojourn]

I think the bolded part covers it.

a. Handgun (including pistols and revolvers) means any firearm which has a short stock, and is designed to be held and fired by the use of a single hand and subject to 431.1, or a combination of parts from which a handgun can be assembled.

[carguychris]

Originally Posted by Aguila Blanca

In fact, is an unbuilt receiver even a firearm? It isn't capable of expelling a projectile, so by most legal definitions it isn't.

Under federal law, the frame or receiver must be marked with the serial number, and the serial numbered part is considered to be the firearm.

My emphasis in boldface and my notes in [brackets]:

Originally Posted by 27 CFR §478.92

How must licensed manufacturers and licensed importers identify firearms, armor piercing ammunition, and large capacity ammunition feeding devices?

(a)(1) Firearms. You, as a licensed manufacturer or licensed importer of firearms, must legibly identify each firearm manufactured or imported as follows:

(i) By engraving, casting, stamping (impressing), or otherwise conspicuously placing or causing to be engraved, cast, stamped (impressed) or placed on the frame or receiver thereof an individual serial number. The serial number must be placed in a manner not susceptible of being readily obliterated, altered, or removed, and must not duplicate any serial number placed by you on any other firearm. For firearms manufactured or imported on and after January 30, 2002, the engraving, casting, or stamping (impressing) of the serial number must be to a minimum depth of .003 inch and in a print size no smaller than 1⁄16 inch...

[Section (ii) re: misc. markings omitted]

(2) Firearm frames or receivers. A firearm frame or receiver that is not a component part of a complete weapon at the time it is sold, shipped, or otherwise disposed of by you must be identified as required by this section.

Basically, a frame or receiver with a serial number on it is considered to be a firearm from a federal record-keeping standpoint.*

The key to mailability for a non-licensee is that the firearm must be a shotgun or a rifle per the USPS definitions. Since we're discussing AR lowers, I'll disregard shotguns.

Definition of a rifle:

Originally Posted by Pub. 52 431.4

A rifle is a shoulder weapon having a barrel that is 16 inches or more in length.

Definitions of things that are NOT rifles...

Originally Posted by Pub. 52 431.2

Pistols, revolvers, and other firearms capable of being concealed on the person (for example... short-barreled rifles) are defined as handguns. The following definitions apply:

1. Handgun (including pistols and revolvers) means any firearm which has a short stock, and is designed to be held and fired by the use of a single hand and subject to 431.1, or a combination of parts from which a handgun can be assembled.
2. Other firearms capable of being concealed on the person include, but are not limited to, ...short-barreled rifles.
3. ...The term short-barreled rifle means a rifle that has one or more barrels that are less than 16 inches long. These definitions include any weapon made from a... rifle, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches. A short-barreled... rifle of greater dimension may be regarded as nonmailable when it has characteristics to allow concealment on the person.

In short, Receiver (Or Frame) + Shoulder Stock + Barrel 16" or More in Length + Assembled OAL of 26" or More = Rifle = mailable by a non-licensee.

If ANY of the other criteria aren't met- the barrel is under 16" long (or absent), the assembled unit is under 26" OAL, and/or there is no shoulder stock- it is treated as a handgun pursuant to 431.2. Whether it's actually a "handgun" or "short-barreled rifle" doesn't really matter, as the USPS treats all "firearms capable of being concealed on the person" fundamentally the same way. (Remember, this is the USPS and NOT the ATF.)

*Footnote: The serial numbering rule does not apply to pre-1968 non-serialized firearms, homebuilt receivers, or so-called "80%" receivers, but for the sake of brevity, let's not go there.

[dogtown tom]

Ya'll are missing one very important point of 432.2
USPS (for some unknown reason) classifies firearms capable of being concealed on the body as "Handguns" for the purposes of mailability.

A firearm frame or receiver is still a firearm, and with few exceptions can easily be concealed......as can many Silencers, SBR's, SBS's and AOW's.

432.2 Handguns

Handguns and other firearms capable of being concealed on the person are nonmailable unless mailed between the parties listed in this section, after the filing of an affidavit or statement described in 432.22 or 432.24, and are subject to the following:

[Aguila Blanca]

Originally Posted by carguychris

Under federal law, the frame or receiver must be marked with the serial number, and the serial numbered part is considered to be the firearm.

I am well aware of that. I am also aware the the BATFE does not classify a stripped AR-15 receiver that has never been previously assembled into a firearm as either a handgun or a long gun. It is what it is ... a receiver. This is why you can use a new, stripped receiver to build an AR pistol, but you can't convert an AR-15 rifle into a pistol. (Hey, I didn't make the rules.)

I think the key is from this part of the regulations, cited by Dogtown Tom:

432.2 Handguns

Handguns and other firearms capable of being concealed on the person are nonmailable unless mailed between the parties listed in this section, after the filing of an affidavit or statement described in 432.22 or 432.24, and are subject to the following:

So a stripped receiver isn't a handgun, but it is a firearm, and it is capable of being concealed on the person (if the person has big pockets).

[carguychris]

I did a write-up in the stickied "How to ship firearms" thread in General Discussion.

[Evan Thomas]

Thanks, Chris. Nice job.