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Does a Stripped Lower Receiver Require an FFL?
Does a Stripped Lower Receiver Require an FFL?
In the world of firearm ownership, a stripped lower receiver for an AR-15 is often a point of confusion. This article will clarify whether an FFL (Federal Firearms License) is necessary for the purchase or transfer of a stripped lower receiver, and provide a comprehensive overview of the legal requirements regarding firearm registration and licensing.
Understanding the AR-15 Lower Receiver
The lower receiver of an AR is often referred to as the “gun” because it is the only serialized part. As such, it is essential that any purchase or transfer of an AR-15 lower receiver be conducted legally, which often involves obtaining an FFL. According to the ATF (Alcohol, Tobacco, Firearms and Explosives) regulations, an FFL is needed if one is in the business of transferring, buying, or selling firearms.
The Role of the Constitution in Firearms Regulation
According to the Constitution, no FFL would be required for any type of firearm. However, the practical application and interpretation of this concept often lead to clarifications based on specific laws and regulations. Therefore, a stripped AR15 lower receiver, despite having a serial number, still requires an FFL for its purchase or transfer.
Confusion Surrounding the Term “Stripped”
The term “stripped” can be misleading. When discussing an AR-15, a stripped lower receiver essentially means it has no upper receiver, barrel, bolt, or trigger assembly attached. While it may seem like a part, it is still legally considered a firearm due to its serial number. Hence, even a stripped lower receiver must go through an FFL to be legally transferred.
Other Types of Firearm Serialization
It is important to note that not all firearms follow the same serialization rules. For example, certain rifles like the FAL and HK types have the upper receiver as the serialized part, while some older belt-fed firearms like Browning machine guns and Maxim have the right side plate as the firearm. Additionally, firearms are classified based on their configuration; a stripped lower is considered an "Other," while a completed lower is classified as either a rifle or pistol.
Differences in State Laws and FFL Requirements
The necessity of an FFL for the purchase or transfer of a stripped lower receiver can vary depending on state laws. In some states, everything must go through an FFL, including private sales, while in others, you may be able to purchase from a friend within the same state.
Federal Firearms License (FFL)
An FFL is a licensing requirement only if one is conducting a business related to firearms, such as transferring, buying, or selling firearms. If you are purchasing a completed lower receiver with a serial number from a private party, you do not need an FFL. However, if you are purchasing a new lower receiver from a dealer, the dealer must have an FFL.
Conclusion
To conclude, a stripped lower receiver for an AR-15 still requires an FFL due to its serial number and the strict regulations set forth by the ATF. However, the specific application of these regulations can vary based on state laws and the nature of your transaction (e.g., buying from a friend or a dealer).
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