Logging Pistol/Rifle Lower?

[DaveTN]

This has probably been asked and answered before, but I don’t see it, so I’ll ask it again. Wouldn’t an FFL transfer a lower as “Other” on form 4473, so it could be used as either a rifle or a pistol?

Why would someone log this as a rifle?

And if you had to choose, if it was logged as a pistol, couldn’t it be used as either?

[TomInMN]

Unless there's something wonky about TN State law, the FFL should be transferring it as a receiver. (Assuming they aren't aware that it had previously been something else.)

They often get logged as a rifle by FFLs who don't simply get it right. (Similar thing in MN: There's a requirement to have a permit to purchase a handgun, same permit for "scary" guns. FFLs will frequently require that to transfer an AR pattern receiver, even though it's not required by law. Also people 18 > 21 are frequently told they aren't old enough to get this permit, also wrong.)

Yes, have it transferred as a pistol, build it first as a pistol, then switch it up to your heart's content.

JETA: Justkeep your order of operations such that you don't ever have an SBR or have "constructive intent" for an SBR.

Edited April 10, 2020 by TomInMN
Additional thought.

[Hozzie]

There is no such thing as transferring as a “receiver”.  It is either pistol, rifle or other. I always transfer as other so it doesn’t matter which one you do first.  

Edited April 10, 2020 by Hozzie

[MP5_Rizzo]

For what it's worth....

 

 

[TomInMN]

1 hour ago, Hozzie said:

There is no such thing as transferring as a “receiver”.  It is either pistol, rifle or other. I always transfer as other so it doesn’t matter which one you do first.  

For those that don't have a copy of the instructions on hand, Google "4473 instructions" and read the instructions for Question 27. They're on Page 6, they paragraph starts "Types of firearm include, but are not limited to:..."

Receiver is one of the types listed there.

[TomInMN]

And, as I've said more than once before, it's the FFL's license that's on the line.

As long as they're not hosing you, meet them half way.

[Pain103]

7 hours ago, TomInMN said:

For those that don't have a copy of the instructions on hand, Google "4473 instructions" and read the instructions for Question 27. They're on Page 6, they paragraph starts "Types of firearm include, but are not limited to:..."

Receiver is one of the types listed there.

They are talking about box 16 which states pistol, rifle, or other. 

[TomInMN]

3 minutes ago, Pain103 said:

They are talking about box 16 which states pistol, rifle, or other. 

Ah, right. Thanks.

"Handgun", "long gun", or "other (frame, receiver, etc.)".

 

[tnhawk]

If it starts as a rifle it's a rifle.  If it was built as a pistol  if can be changed.  I've built mine as pistols, then recorded photos confirming it.

 

[Oh Shoot]

What an FFL correctly or incorrectly marks on a 4473 does not ultimately determine the legal classification of a firearm, nor the legality of any given future configuration of it.

- OS