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Stripped Lower under 21, legal or not?

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  • HerrNuguri
    Member
    • Apr 2020
    • 195

    Stripped Lower under 21, legal or not?

    Asking for a friend who wants to build his first ar15 and he wants to buy a stripped lower. He has a hunting license so he can buy long guns. Not sure if he can buy frame/receiver tho, is stripped lower DROSd as rifle or receiver?
  • #2
    HerrNuguri
    Member
    • Apr 2020
    • 195

    Originally posted by kingransom
    Must be 21. The lower is serialized, and therefore considered a firearm

    Even with hunting license that exempts ppl from the age law? D:

    Comment

    • #3
      bohoki
      I need a LIFE!!
      • Jan 2006
      • 20750

      a lower is not a rifle or shotgun in the eyes of the federal firearms dealer so the exemption for 18 year old does not apply

      Comment

      • #4
        Quiet
        retired Goon
        • Mar 2007
        • 30241

        Originally posted by HerrNuguri
        Stripped Lower under 21, legal or not?

        Asking for a friend who wants to build his first ar15 and he wants to buy a stripped lower. He has a hunting license so he can buy long guns. Not sure if he can buy frame/receiver tho, is stripped lower DROSd as rifle or receiver?
        Since 1968...

        Federal laws have prohibited a FFL from transferring a firearm to a person under the age of 21.

        Federal laws grant an exemption to this for a non-prohibited person age 18-20 with the firearm being a Title 1 Rifle or a Title 1 Shotgun.

        A receiver is a Title 1 Other, so it can not be legally transferred by a FFL to a person under the age of 21.


        Under Federal laws: [18 USC 922(b)(1)]
        Title 1 Rifle = minimum age 18.
        Title 1 Shotgun = minimum age 18.
        Title 1 Other = minimum age 21.
        Title 1 Handgun = minimum age 21.
        Title 2 firearm = minimum age 21.


        Originally posted by HerrNuguri
        Even with hunting license that exempts ppl from the age law? D:
        Under CA laws...

        A CA FFL dealer is prohibited from transferring a firearm to a person under the age of 21.

        An exemption is granted for a non-prohibited person age 18-20 with a valid CA hunting license and the firearm being a shotgun or a rimfire rifle or a single-shot centerfire rifle or a manually operated centerfire rifle.
        ^This exemption does not apply to handguns, semi-auto centerfire rifles, and other firearms that are not handguns, rifles, or shotguns.

        Currently, a virgin receiver should be CA DROS'd as a "long gun, other". Which means it does not qualify for any exemptions that would allow a CA FFL dealer to legally transfer it to a person under the age of 21.
        Last edited by Quiet; 12-08-2021, 4:30 PM.
        sigpic

        "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

        Comment

        • #5
          HerrNuguri
          Member
          • Apr 2020
          • 195

          Originally posted by Quiet
          Since 1968...

          Federal laws have prohibited a FFL from transferring a firearm to a person under the age of 21.

          Federal laws grant an exemption to this for a non-prohibited person age 18-20 with the firearm being a Title 1 Rifle or a Title 1 Shotgun.

          A receiver is a Title 1 Other, so it can not be legally transferred by a FFL to a person under the age of 21.


          Under Federal laws: [18 USC 922(b)(1)]
          Title 1 Rifle = minimum age 18.
          Title 1 Shotgun = minimum age 18.
          Title 1 Other = minimum age 21.
          Title 1 Handgun = minimum age 21.
          Title 2 firearm = minimum age 21.



          Under CA laws...

          A CA FFL dealer is prohibited from transferring a firearm to a person under the age of 21.

          An exemption is granted for a non-prohibited person age 18-20 with a valid CA hunting license and the firearm being a shotgun or a rimfire rifle or a single-shot centerfire rifle or a manually operated centerfire rifle.
          ^This exemption does not apply to handguns, semi-auto centerfire rifles, and other firearms that are not handguns, rifles, or shotguns.

          Currently, a virgin receiver should be CA DROS'd as a "long gun, other". Which means it does not qualify for any exemptions that would allow a CA FFL dealer to legally transfer it to a person under the age of 21.

          Thank you very much for the info sir

          Comment

          • #6
            HerrNuguri
            Member
            • Apr 2020
            • 195

            Originally posted by Quiet
            Since 1968...

            Federal laws have prohibited a FFL from transferring a firearm to a person under the age of 21.

            Federal laws grant an exemption to this for a non-prohibited person age 18-20 with the firearm being a Title 1 Rifle or a Title 1 Shotgun.

            A receiver is a Title 1 Other, so it can not be legally transferred by a FFL to a person under the age of 21.


            Under Federal laws: [18 USC 922(b)(1)]
            Title 1 Rifle = minimum age 18.
            Title 1 Shotgun = minimum age 18.
            Title 1 Other = minimum age 21.
            Title 1 Handgun = minimum age 21.
            Title 2 firearm = minimum age 21.



            Under CA laws...

            A CA FFL dealer is prohibited from transferring a firearm to a person under the age of 21.

            An exemption is granted for a non-prohibited person age 18-20 with a valid CA hunting license and the firearm being a shotgun or a rimfire rifle or a single-shot centerfire rifle or a manually operated centerfire rifle.
            ^This exemption does not apply to handguns, semi-auto centerfire rifles, and other firearms that are not handguns, rifles, or shotguns.

            Currently, a virgin receiver should be CA DROS'd as a "long gun, other". Which means it does not qualify for any exemptions that would allow a CA FFL dealer to legally transfer it to a person under the age of 21.

            How about using a 80% lower and register it? No FFL involved in this process

            Comment

            • #7
              Quickdraw559
              Senior Member
              • May 2012
              • 1890

              He’s going to have to convince his pops to gift him one if he really wants it.
              WTB Oakhurst stamped CZ firearms
              WTB 12 gauge Wingmasters

              Comment

              • #8
                bohoki
                I need a LIFE!!
                • Jan 2006
                • 20750

                Originally posted by Quiet
                Since 1968...

                Federal laws have prohibited a FFL from transferring a firearm to a person under the age of 21.

                Federal laws grant an exemption to this for a non-prohibited person age 18-20 with the firearm being a Title 1 Rifle or a Title 1 Shotgun.

                A receiver is a Title 1 Other, so it can not be legally transferred by a FFL to a person under the age of 21.


                Under Federal laws: [18 USC 922(b)(1)]
                Title 1 Rifle = minimum age 18.
                Title 1 Shotgun = minimum age 18.
                Title 1 Other = minimum age 21.
                Title 1 Handgun = minimum age 21.
                Title 2 firearm = minimum age 21.



                Under CA laws...

                A CA FFL dealer is prohibited from transferring a firearm to a person under the age of 21.

                An exemption is granted for a non-prohibited person age 18-20 with a valid CA hunting license and the firearm being a shotgun or a rimfire rifle or a single-shot centerfire rifle or a manually operated centerfire rifle.
                ^This exemption does not apply to handguns, semi-auto centerfire rifles, and other firearms that are not handguns, rifles, or shotguns.

                Currently, a virgin receiver should be CA DROS'd as a "long gun, other". Which means it does not qualify for any exemptions that would allow a CA FFL dealer to legally transfer it to a person under the age of 21.


                you seem to know laws i do not seek legal advice or assume you a lawyer but say someone buys a stripped lower in california then heads over to nevada and assembles it into a pistol has any law been broken?

                Comment

                • #9
                  Quiet
                  retired Goon
                  • Mar 2007
                  • 30241

                  Originally posted by HerrNuguri
                  How about using a 80% lower and register it? No FFL involved in this process
                  Under CA self-made firearm laws...

                  If the firearm is a handgun, then the person making it must be 21 or older.
                  If the firearm is a rifle or shotgun, then the person making it must be 18 or older.

                  When the person has the intent to make the self-made firearm, they must submit a USNA to CA DOJ BOF.

                  Within 10 days of receiving CA DOJ BOF approval, that person must engrave the firearm with the CA DOJ approved marking info and submit proof to CA DOJ BOF.

                  Within 30 days of receiving CA DOJ BOF approval, that person must complete the firearm's build into a CA legal firearm and submit it's final configuration (with pictures) to CA DOJ BOF.

                  Modifying the self-made firearm past the 30 days window, so that it no longer matches the submitted pictures of it's final configuration, is considered manufacturing a new illegal self-made firearm.
                  sigpic

                  "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

                  Comment

                  • #10
                    HerrNuguri
                    Member
                    • Apr 2020
                    • 195

                    Originally posted by Quiet
                    Under CA self-made firearm laws...

                    If the firearm is a handgun, then the person making it must be 21 or older.
                    If the firearm is a rifle or shotgun, then the person making it must be 18 or older.

                    When the person has the intent to make the self-made firearm, they must submit a USNA to CA DOJ BOF.

                    Within 10 days of receiving CA DOJ BOF approval, that person must engrave the firearm with the CA DOJ approved marking info and submit proof to CA DOJ BOF.

                    Within 30 days of receiving CA DOJ BOF approval, that person must complete the firearm's build into a CA legal firearm and submit it's final configuration (with pictures) to CA DOJ BOF.

                    Modifying the self-made firearm past the 30 days window, so that it no longer matches the submitted pictures of it's final configuration, is considered manufacturing a new illegal self-made firearm.

                    Comment

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