AR lower
- Thread starter Jimbo1227
- Start date
Marine Cpl
.577 Tyrannosaur.
If it's an immediate family member, yes without an FFL. If not, then it has to go through an FFL.
PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
SECTION 898. PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS.
S 898. PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS. 1.
IN ADDITION TO ANY OTHER REQUIREMENTS PURSUANT TO STATE AND FEDERAL LAW,
ALL SALES, EXCHANGES OR DISPOSALS OF FIREARMS, RIFLES OR SHOTGUNS SHALL
BE CONDUCTED IN ACCORDANCE WITH THIS SECTION UNLESS SUCH SALE, EXCHANGE
OR DISPOSAL IS CONDUCTED BY A LICENSED IMPORTER, LICENSED MANUFACTURER
OR LICENSED DEALER, AS THOSE TERMS ARE DEFINED IN 18 USC S 922, WHEN
SUCH SALE, EXCHANGE OR DISPOSAL IS CONDUCTED PURSUANT TO THAT PERSON'S
FEDERAL FIREARMS LICENSE OR SUCH SALE, EXCHANGE OR DISPOSAL IS BETWEEN
MEMBERS OF AN IMMEDIATE FAMILY. FOR PURPOSES OF THIS SECTION, "IMMEDIATE
FAMILY" SHALL MEAN SPOUSES, DOMESTIC PARTNERS, CHILDREN AND STEP-CHIL-
DREN.
PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
SECTION 898. PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS.
S 898. PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS. 1.
IN ADDITION TO ANY OTHER REQUIREMENTS PURSUANT TO STATE AND FEDERAL LAW,
ALL SALES, EXCHANGES OR DISPOSALS OF FIREARMS, RIFLES OR SHOTGUNS SHALL
BE CONDUCTED IN ACCORDANCE WITH THIS SECTION UNLESS SUCH SALE, EXCHANGE
OR DISPOSAL IS CONDUCTED BY A LICENSED IMPORTER, LICENSED MANUFACTURER
OR LICENSED DEALER, AS THOSE TERMS ARE DEFINED IN 18 USC S 922, WHEN
SUCH SALE, EXCHANGE OR DISPOSAL IS CONDUCTED PURSUANT TO THAT PERSON'S
FEDERAL FIREARMS LICENSE OR SUCH SALE, EXCHANGE OR DISPOSAL IS BETWEEN
MEMBERS OF AN IMMEDIATE FAMILY. FOR PURPOSES OF THIS SECTION, "IMMEDIATE
FAMILY" SHALL MEAN SPOUSES, DOMESTIC PARTNERS, CHILDREN AND STEP-CHIL-
DREN.
Eddie Gunks
.338 Win Mag
Yes
Robin
.577 Tyrannosaur.
Hey, were all one big happy family here!
Robin
Robin
Curmudgeon
.308 Win
No lawyers on this forum AFAIK.
Target
6.5 Creedmoor
you can sell an AR lower to whoever wants to buy it.
FFL transfer rules apply.
FFL transfer rules apply.
Saltwater60
20×102mm Vulcan
You can sell it to anyone with a background check. If your looking to avoid the background check here is the list of ok’s from the safe act web site.
Sales or transfers to and between spouses, domestic partners, children and step-children, are exempt from background checks.
Sales or transfers to and between spouses, domestic partners, children and step-children, are exempt from background checks.
Curmudgeon
.308 Win
alistair
6.5 Creedmoor
So if my daughter legally acquired a lower in Texas, where she resides, she can sell/give to me legally without me going through a FFL?
Eddie Gunks
.338 Win Mag
STS556
.223 Rem
I bought a few lowers from Eddie when he was Bullet Guy. I recently "sold" a lower to my nephew who is 20 years old so he had at least one lower in his name before any stupid laws or bans went into effect. I went through an FFL and had no problems with the transfer.
dwa12479
.338 Win Mag
If at the time of purchase, the item is intended as a legitimate gift, then it is not a straw purchase.
Look up the 4473 form and read the instructions for question 11a.
dwa12479
.338 Win Mag
Residents of different states, even family, must go through FFL to be legal. The only exception I know of is if it's part of en estate inheritance. So if you pass away and have willed your firearms to your daughter in Texas, they can be transferred without FFL. That's per ATF regulations. NY has their own laws.
Eddie Gunks
.338 Win Mag
Ha ha ha. Then the ffl broke the law becuase a 20 year old can ONLY BUY a rifle or a shotgun. He can not buy a lower. Suppressor. AOW. Other ETC ETC.
The NICS check will not let him proceed if he marked “other” on the form. Which he SHOULD have done as a lower is an other.
I would suggest you use anothe ffl as this guy does not understand or follow the law.
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Eddie Gunks
.338 Win Mag
You understand that chicken scratch?
Yeah Brothers from other Mothers lol...
Eddie Gunks
.338 Win Mag
ใช่. ผมไปโรงเรียนเพื่ออ่านและเขียน
STS556
.223 Rem
I typed his age in wrong in the post. It was 1 month after his 21st birthday.
I went to 2 local gun stores and they claim that I can sell it to anyone without background check. They say the background check isn’t mandatory yet just get a bill of sale. They want you to be a good person and get a background check but you don’t have to. According to them.
BDinPutnam
.475 A&M Magnum
Well anyone that you know is lawfully able to have one.
BDinPutnam
.475 A&M Magnum
If you live in New York and do this transaction in New York without a background check / transfer, other than immediate family, you are committing a felony.
A lower is a firearm.
Xpxsquirrel
9mm
Just for clarification. If the daughter is a Texas resident and he buys it from her while not in NY then NY transfer laws should not apply since the transfer didn't take place here? Correct?
I'm not 100% sure of this because your crossing over a state line with an "other". So the federal laws might require a background check.
Eddie Gunks
.338 Win Mag
They are from differnet states. They need to run a back ground check. (4473).
The laws on the transfer are governed by the state the transfer is done in. Technically the firearm needs to be legal in the state it is transfered and needs to be legal in the state the buyer is from.
That being said, a lower can not be transfered in a state the buyer does not live. You must transfer lowers in your state of residence (As the buyer).
...and dont mind a room mate name bubba
dwa12479
.338 Win Mag
Are you in New York State?