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Age to buy a stripped lower

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  • #16
    RK808
    Senior Member
    • Feb 2009
    • 1042

    Haha thanks guys for your help =] Problem solved. Just gotta talk to daddy-o now!

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    • #17
      CSACANNONEER
      CGN/CGSSA Contributor - Lifetime
      CGN Contributor - Lifetime
      • Dec 2006
      • 44094

      Originally posted by addyyoon
      Sounds good, then my hopes have not been destroyed yet =P What do you need to buy a stripped lower? Is it the same process as buying a long gun? Or do you need proof of residency (electric bill or w.e.) like a pistol?
      Same as a long gun.

      Originally posted by holyhandgrenade
      In the situation he described, whether he or his friend is the actual buyer is debatable IMHO. And whether his friend is "acquiring the firearm on behalf of another person" is unclear to me. Its probably ok (especially going through FFLs), and its doubtful he would ever get caught, I just tend to error on the side of caution.

      And yes, I would say it is
      There is nothing to get caught doing. I can buy a lower, assemble it any way that is legal and then sell it because, I don't want it anymore. Hell, I can buy a gun KNOWING that I am going to give, sell or otherwise legally transfer it to another individual who is legally allowed to have it. People buy firearms to resell them all the time. It's called capitolism.

      A straw purchase is when someone buys a gun to illegally transfer it to someone else (normally,it is to a prohibited person).
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      • #18
        holyhandgrenade
        Member
        • Jul 2007
        • 374

        Originally posted by CSACANNONEER
        Same as a long gun.

        A straw purchase is when someone buys a gun to illegally transfer it to someone else (normally,it is to a prohibited person).
        I know that generally someone makes a straw purchase to illegally transfer the firearm to someone that cant otherwise have one, however, I was under the impression that that was not a requirement of a straw purchase strictly speaking. As I understood it, a straw purchase was simply one person buying a gun knowing full well it wasnt for themselves.

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        • #19
          CSACANNONEER
          CGN/CGSSA Contributor - Lifetime
          CGN Contributor - Lifetime
          • Dec 2006
          • 44094

          Originally posted by holyhandgrenade
          I know that generally someone makes a straw purchase to illegally transfer the firearm to someone that cant otherwise have one, however, I was under the impression that that was not a requirement of a straw purchase strictly speaking. As I understood it, a straw purchase was simply one person buying a gun knowing full well it wasnt for themselves.
          So, anyone who buys a gun to turn a profit on it is making a straw sale? How about someone who buys a firearm to give as a gift (assumiong that it will be legally transfered). Hell, I bought a 390 knowing full well that I was going to trade it to my dad for his 391. Did I do something illegal? Absolutely not. The FFL involved even knew what was happening. I bought the 390 for ME to use as trading stock. So, I was the actual buyer and user. Now, if the trade had not been from father to son, we would have needed to go through FFLs to do the trade too.

          The way you are describing a straw sale would imply that anyone who buys a gun and later decides to sell it through legal channels is guilty of making a straw purchase. Just look at the classified here. You will find a lot of never fired guns for sale. Since these have not been "used" are the sellers already in violation since, they are not going to be the end user?
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          • #20
            holyhandgrenade
            Member
            • Jul 2007
            • 374

            I think its a matter of intent. If I purchase a gun thinking "I would like to have this for myself" (regardless of the length of time I would own it) or "Maybe this will be worth more someday" or something along those lines, I dont think it would qualify as a straw purchase. If however, I go into the transaction thinking "Im going to buy this for my friend Bob" then I can see this as possibly being a problem.

            As it happens I have actually had an FFL tell me that buying a gun as a gift for a friend qualifies as a straw purchase. A friend of mine wanted to buy a gun for her friend, they were planning on legally transferring it, but he said it would be a straw purchase anyway. He could have been mistaken, FFLs make mistakes from time to time just like anyone else, but I have no reason to think he is wrong.

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            • #21
              CSACANNONEER
              CGN/CGSSA Contributor - Lifetime
              CGN Contributor - Lifetime
              • Dec 2006
              • 44094

              Originally posted by holyhandgrenade
              I think its a matter of intent. If I purchase a gun thinking "I would like to have this for myself" (regardless of the length of time I would own it) or "Maybe this will be worth more someday" or something along those lines, I dont think it would qualify as a straw purchase. If however, I go into the transaction thinking "Im going to buy this for my friend Bob" then I can see this as possibly being a problem.

              As it happens I have actually had an FFL tell me that buying a gun as a gift for a friend qualifies as a straw purchase. A friend of mine wanted to buy a gun for her friend, they were planning on legally transferring it, but he said it would be a straw purchase anyway. He could have been mistaken, FFLs make mistakes from time to time just like anyone else, but I have no reason to think he is wrong.
              LOL! He was wrong if it was going to be legally trasfered. Many FFLs are too scared or too lazy to really learn, understand and follow the law. So, they err on the side of extreme caution.
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              • #22
                RK808
                Senior Member
                • Feb 2009
                • 1042

                If it were based on intent then this wouldn't be an issue, I'd simply tell them that I INTEND to build a CA legal AR =] haha just messin' with you guys!

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                • #23
                  holyhandgrenade
                  Member
                  • Jul 2007
                  • 374

                  Originally posted by CSACANNONEER
                  LOL! He was wrong if it was going to be legally trasfered. Many FFLs are too scared or too lazy to really learn, understand and follow the law. So, they err on the side of extreme caution.
                  Hey like I said, he could be wrong, as could I. It doesnt seem so in this case though. I guess we should have gone straight to the source:


                  http://www.atf.gov/publications/down...f-p-5300-4.pdf (page 165)

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                  • #24
                    Acaron76
                    Junior Member
                    • Aug 2009
                    • 73

                    I just went through this last year, it's ridiculous... you can buy a full rifle at 18, but if you just want to buy a lower... which can do nothing on it's own you have to be 21. RIDICULOUS! It's funny because the law just made me save up a few more months and buy the full rifle, good job california.

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                    • #25
                      holyhandgrenade
                      Member
                      • Jul 2007
                      • 374

                      Dude in all fairness, who knows what terror you could unleash upon this great state of ours with that paper weight known as a stripped lower

                      Also, for the record, as CSACANNONEER pointed out earlier in the thread, this one is actually the work of the Feds.

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                      • #26
                        CSACANNONEER
                        CGN/CGSSA Contributor - Lifetime
                        CGN Contributor - Lifetime
                        • Dec 2006
                        • 44094

                        Originally posted by holyhandgrenade
                        Hey like I said, he could be wrong, as could I. It doesnt seem so in this case though. I guess we should have gone straight to the source:


                        http://www.atf.gov/publications/down...f-p-5300-4.pdf (page 165)
                        I'm impressed that you found this. I would never take legal advise from wikipedia but, the ATF publication was a great source.

                        Originally posted by Acaron76
                        I just went through this last year, it's ridiculous... you can buy a full rifle at 18, but if you just want to buy a lower... which can do nothing on it's own you have to be 21. RIDICULOUS! It's funny because the law just made me save up a few more months and buy the full rifle, good job california.
                        What does California have to do with it? Maybe, the Federal gubmet realized that some people under 21 are not able to differentiate between local, state and federal laws so, they decided to make everyone wait until they were 21 and a bit smarter. Good job helping to prove that they are right.
                        NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
                        California DOJ Certified Fingerprint Roller
                        Ventura County approved CCW Instructor
                        Utah CCW Instructor


                        Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

                        sigpic
                        CCW SAFE MEMBERSHIPS HERE

                        KM6WLV

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                        • #27
                          holyhandgrenade
                          Member
                          • Jul 2007
                          • 374

                          Nor I. Wiki is a great source to get a general idea about things but its far from the end-all and be-all of much of anything. I only really included the link to it because thats where I found the link to the PDF, only seemed fair to point out that I didnt find it on my own.

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                          • #28
                            command_liner
                            Senior Member
                            • May 2009
                            • 1190

                            There seems to be no lower age limit on buying 80% lowers. Finish with a drill press.
                            Learn something in the process.
                            What about the 19th? Can the Commerce Clause be used to make it illegal for voting women to buy shoes from another state?

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