BATF Says a Handgun Receiver is Not a "Handgun"

[EOD Guy]

BATF has stated the following in one of their FAQs from the 2007 SHOT show:

. Therefore, without the accompanying parts for a complete handgun, a secure gun storage or safety device would not be required. However, if a licensee transfers a receiver with all the component parts for a complete handgun, a secure gun storage or safety device would be required.

Here is a link to the FAQs:

SHOT Show Questions and Answers

I assume that the receiver alone would still be considered a firearm as far as purchase, transfer, etc are concerned. I was thinking that if BATF does not consider a handgun frame to be a "handgun", then one could be legally mailed by a nonlicensee.

[Fjold]

I think that it refers to the new federal requirement to buy a gunlock when a handgun is purchased.

[neomentat]

you still have to DROS a handgun frame aka "receiver" through a FFL.

[EOD Guy]

I think that it refers to the new federal requirement to buy a gunlock when a handgun is purchased.

Yes, I know, but the definition of "handgun" under GCA still applies.

[AJAX22]

I believe that a stripped lower receiver (complete with manufacturers letter certifying that it was a virgin receiver) can be transfered as a title 1 firearm (much like a 1919A4 sideplate) and assembled into either a pistol or rifle at a later date.

because the lower receiver was never a rifle you're not turning a rifle into a pistol. and therefore everything is legal.

At least that's my understanding of how it works in free states.

although I can't think of any segment of CA law which would prohibit this specifically, I believe the general consensus is that this is a no-no in our state.

[1064chubbs]

So with the definition of a receiver is not a "handgun" does that mean that if someone were to purchase a frame it does not have to be on the roster of approved handguns?

[dfletcher]

So, under the new SF law if someone breaks into my home, steals my stripped 1911 frame, buys parts then assembles and kills someone - I can still go to jail for having an unlocked firearm in my home.

Now I know how Charlie Berger felt just before they hanged him when he looked around and said "It's a beautiful world".

[1064chubbs]

AJAX cleared that up for me pretty quick thanks.

[Rumpled]

I've got $5 says F troop reverses that in the somewhat near future.

[EOD Guy]

So with the definition of a receiver is not a "handgun" does that mean that if someone were to purchase a frame it does not have to be on the roster of approved handguns?

California has its own rules and definitions.

[xenophobe]

So with the definition of a receiver is not a "handgun" does that mean that if someone were to purchase a frame it does not have to be on the roster of approved handguns?

Of course it does. The OP originally posted a ruling saying that if you buy just a frame, you do not need to buy a lock with it. In California, this only removes the federal requirement if you were to PPT a frame. All state laws, including purchasing a lock, or a Gun Safe Affidavit still apply.

In California, you still cannot buy just a handgun frame from an FFL, it has to be PPT only. AFAIK, there is no provision to buy a handgun frame of a listed gun. The roster only includes complete guns, and does not apply to just the frame of those guns.

In California, a Gun Safe Affidavit is not recognized as an alternative to buying a lock when purchasing a handgun.

[allenst65]

So with the definition of a receiver is not a "handgun" does that mean that if someone were to purchase a frame it does not have to be on the roster of approved handguns?

I think CA p.c. sections 12125, 12126 and 12001(c) work together to nullify the perceived loophole created by the 'bare frame' wording of the ATF's FAQ.


12125. (a) Commencing January 1, 2001, any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.

12126. As used in this chapter, "unsafe handgun" means any pistol, revolver, or other firearm capable of being concealed upon the person, as defined in subdivision (a) of Section 12001

12001.(c) As used in Sections 12021, 12021.1, 12070, 12071, 12072, 12073, 12078, 12101, and 12801 of this code, and Sections 8100, 8101, and 8103 of the Welfare and Institutions Code, the term "firearm" includes the frame or receiver of the weapon.

[hoffmang]

But wouldn't 12001 (c) have to include Sections 12125 or 12126 in its list? It does not.

-Gene

[dfletcher]

I propose a simple solution to this problem. All those companies that manufacture and could offer for sale in CA a stripped handgun receiver should submit those stripped handgun receivers for testing. If they pass - and shouldn't they pass because they have no trigger, they have no hammer or safety to fail? - they can be imported. Once imported and DROS'd they are assembled and if in the future sold, it would be as a PPT.

I'm sure there's something I'm missing - is there?

[hoffmang]

Part of the "safe" handgun testing requires firing and therefor a frame can't fire.

-Gene