Kswhitetails Wrote:Bigs, agree to disagree. The part I am seeing you overlook is that that lower, stripped, not yet assembled. is not a pistol, rifle, or firearm. It is an "other". It was registered with it's serial number to the ATF.gov that way. By whomever milled and sold it. Once that is done, it can be in any form the owner wishes it to be, because it remains registered as an "other" firearm.I just spoke with my friend who runs a Tactical shop. He said that when he does background checks for lowers,He lists all lowers as receivers. But FFLs do have the choice of listing a lower as a pistol, rifle or receiver.
The danger your referring to only applies, ONLY, to a lower that was built by a manufacturer as a "Rifle" lower. Meaning they milled it, assembled it, and sold it with the intention for it to have a rifle stock on it; and therefore registered it upon it's completion to .gov as a rifle lower.
Another tidbit that gets hairy: According to my FFL, if they receive an "other" lower that has a rifle stock on it, they are required to re-register that lower serial as a rifle before they can legally transfer it to your possession. I say hairy, because I don't know if this is true. But if mine does it out of the abundance of caution, then I wonder how someone else with the best mind and intentions could get it wrong if it was easy and cut-and-dry?
Here's why I think you're incorrect. If you own an "other" lower, how does the ATF have any idea in the world how you or anyone else built it? Do you call up and ask to register your newly assembled weapons with them? Otherwise, how would they know, and how would they care? You are not obligated anywhere in law to call them or send a letter to them to change it's registration if you're building a non-NFA firearm.
NFA items get re-registered with them upon the form 1-2-4 application with the appropriate tax payments, so they don't apply in the same way... (before some frogman gets hoppy and wants to argue about it).
You are 100% correct that ATF has no way of knowing the history of a receiver.
But, I acknowledge that A5 and Biggs are not arguing that. They are just saying that it isnt worth the risk of getting caught when a lower receiver can be had for around $40.
I know my FFL personally. And I know that every upper with a serial # that I own has been listed as a receiver. So its up to me whether I want to take a risk or not.
I have definitely beat the dead horse on this subject too long.Id like to thank everyone for sharing their opinions.
Peace out!