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View Full Version : AR pistol lower build up before DROS question


Swift Justice
02-27-2010, 10:59 PM
I'm familiar with all the other AR pistol requirements (single shot, locked bobsled mag to DROS, etc.), my specific question is this (assume no LEO exemption):

Can an FFL receive a pistol marked lower, you assemble it into a completed pistol at his store with your pistol components prior to transfer (he retains possession of it always), and once completed then do the DROS to you under the single shot exemption?

If not possible, then why not? Technically the stripped lower is the pistol, as long as the compliant build is completed prior to beginning the DROS you should be GTG, right?

An FFL can technically receive any pistol they want regardless of roster status, it just can't be transfered to a civilian unless it is on the roster or exempt somehow, correct?

Ducman
02-27-2010, 11:15 PM
I'm familiar with all the other AR pistol requirements (single shot, locked bobsled mag to DROS, etc.), my specific question is this (assume no LEO exemption):

Can an FFL receive a pistol marked lower, you assemble it into a completed pistol at his store with your pistol components prior to transfer (he retains possession of it always), and once completed then do the DROS to you under the single shot exemption?

If not possible, then why not? Technically the stripped lower is the pistol, as long as the compliant build is completed prior to beginning the DROS you should be GTG, right?

An FFL can technically receive any pistol they want regardless of roster status, it just can't be transfered to a civilian unless it is on the roster or exempt somehow, correct?

No, That is considered manufacturing, you and/or FFL needs to have a FFL 7 license if I'm not mistaken...pretty sure someone will chime in who is more knowledgable on this subject.

Swift Justice
02-27-2010, 11:32 PM
I see the potential manufacturing question, but the stripped pistol lower is the pistol when the FFL receives it - they are not manufacturing it from scratch, or taking an 80% lower and finishing it for sale. If it were considered manufacturing, then anyone who gets a stripped OLL and DROSed it as a long gun would never be able to build it up into a rifle because they would be manufacturing. You can do it as a long gun without issue because there is no long gun roster (thank the Lord).

As I understand the law, the only reason a civilian cannot receive a stripped pistol lower is because it is not on the roster, not due to any manufacturing issues. If it is completed as a roster exempt pistol prior to the transfer, then that gets you past the roster requirements. An LEO can receive a stripped pistol lower as they are a roster exempt individual, and then assemble it into whatever pistol configuration they want.

ke6guj
02-28-2010, 1:00 AM
I see the potential manufacturing question, but the stripped pistol lower is the pistol when the FFL receives it - they are not manufacturing it from scratch, or taking an 80% lower and finishing it for sale. ATF takes the position that adding value to a firearm while it is inventory constitutes manufacturing. Some CA dealers have been caught doing ths by ATF and told to stop doing it.

If it were considered manufacturing, then anyone who gets a stripped OLL and DROSed it as a long gun would never be able to build it up into a rifle because they would be manufacturing. You can do it as a long gun without issue because there is no long gun roster (thank the Lord).
not the same thing. A private pary can make guns, but an 01FFL can't.

Swift Justice
02-28-2010, 1:31 AM
Thanks all. Between this thread and a duplicate question on another thread in the 2A forum I've got my limited gray matter around the manufacturing issue. The Roster sucks, but then you all already knew that.