This question is to settle a bet

[ArmyBrat61]

When home building an AR rifle, which part must go through an FFL when bought online?  

A) the upper receiver

B) the lower receiver

C) Both

D) Neither

I have $50 riding on the answer with my smart *ss  brother in law.  I need an unbiased answer and reason for the FFL transfer to satisfy him and take his money.  A proof source would be helpful as well.

Thank you gents.

[felinesNfreedom]

Just now, ArmyBrat61 said:

When home building an AR rifle, which part must go through an FFL when bought online?  

A) the upper receiver

B) the lower receiver

C) Both

D) Neither

I have $50 riding on the answer with my smart *ss  brother in law.  I need an unbiased answer and reason for the FFL transfer to satisfy him and take his money.  A proof source would be helpful as well.

Thank you gents.

Really?

 

 The Lower is the actual firearm and must go to a FFL. Everything else can be shipped to your house.

 

[Chucktshoes]

The answer is B, but that definition has been called into question by at least one court case. And is the impetus for it and attempt by the ATF to redefine what does and does not constitute the firearm.

https://www.gunsamerica.com/digest/judge-disconnect-atf-classification-lower-receivers-firearms/

[RED333]

Well, if you buy a 80% lower and finish it yourself the answer is neither.

[E4 No More]

25 minutes ago, RED333 said:

Well, if you buy a 80% lower and finish it yourself the answer is neither.

For now, anyway.

[MP5_Rizzo]

All the above is correct and accurate.  Ask or show your BIL that you can go to any website that sells AR parts and or build kits.  If you order anything that does not include the lower receiver they will ship it directly to your door. If it contains a lower receiver then they must send to the buyers local FFL to transfer it.  Then again the catch maybe that your BIL lives somewhere that the local laws do not allow such items in their city, county and or state or have other restrictions we aren't privy the knowledge of.

[ArmyBrat61]

45 minutes ago, Chucktshoes said:

The answer is B, but that definition has been called into question by at least one court case. And is the impetus for it and attempt by the ATF to redefine what does and does not constitute the firearm.

https://www.gunsamerica.com/digest/judge-disconnect-atf-classification-lower-receivers-firearms/

This is the conundrum with my BIL. The ever fluctuating rules of the ATF. My point was, as Rizzo stated, the lower receiver must go through a FFL, online or in person. My BIL lives in Tennessee now but he is not Southern. I plan on taking him to Bud's and let those gents "educate" him and the to the Knoxville show this weekend. You can lead a horse to water... but it says nothing about a jask*ss.  Thank you, gentleman for your responses. Now to get that $50 from him.

[GFY Tactical]

I believe the part or/piece that holds the "fire control group" is what is considered the gun.  Which would make the lower of an AR build needing to go through an FFL. 80% lowers are paper weights.

[Chucktshoes]

4 minutes ago, GFY Tactical said:

I believe the part or/piece that holds the "fire control group" is what is considered the gun.  Which would make the lower of an AR build needing to go through an FFL. 80% lowers are paper weights.

This is not universally accurate. HK roller guns, FALs and many other euro imports use the upper receiver as the serialized firearm and have swappable trigger packs. 

[MP5_Rizzo]

4 minutes ago, GFY Tactical said:

I believe the part or/piece that holds the "fire control group" is what is considered the gun.

As @Chucktshoes pointed out this is not true.  In the case of an AR then yes but then you need to read the link from the 3rd  post or

here it is again.

https://www.gunsamerica.com/digest/judge-disconnect-atf-classification-lower-receivers-firearms/

The AR lower receiver does not constitute by legal definition of a firearm is so then technically it is not and should not required to be an FFL controlled item.  Then again unless you have an endless supply of $$$ and have a lot of time to spend in court and or imprisonment then play by their rules.

[felinesNfreedom]

4 hours ago, RED333 said:

Well, if you buy a 80% lower and finish it yourself the answer is neither.

Good God, Don't confuse his BIL even more.....