Unconfigured Ad Widget

Collapse

The ATF told me receivers with buttstocks are not long guns, must be over 21.

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • tenpercentfirearms
    Vendor/Retailer
    • Apr 2005
    • 13007

    The ATF told me receivers with buttstocks are not long guns, must be over 21.

    Today I get a call from my ATF auditor's supervisor (Ron Borg) and he says he called one of the technical analyst to get clarification on my selling receivers with a buttstock as long guns instead of receivers for the purpose of selling to people under the age of 21. According to Mr. Borg, the analyst claims that the definition of a rifle includes barrel in it, so a receiver with a buttstock is still considered a receiver and cannot be sold to someone under 21.

    I asked for that in writing and he said he just got it over the phone and it comes from the federal definition of a rifle.

    Anyone have this definition of a rifle?

    So what does this mean?

    For me, I am done selling anything but complete long guns with buttstocks to anyone under 21. Sorry, but it simply isn't worth it to be told by my auditor not to do it and go against them. Plus I honestly don't have a lot of people under 21 buy complete lowers and they can spend the few extra bucks and just buy a complete rifle.

    This could be a classic case of it depends on who you talk to, but for the purposes of keeping my FFL open and in business to continue on selling guns to everyone, the youth are going to have to wait for their stripped builds.
    www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms.
  • #2
    pdq_wizzard
    Veteran Member
    • May 2008
    • 3813

    Originally posted by tenpercentfirearms
    Today I get a call from my ATF auditor's supervisor (Ron Borg) and he says he called one of the technical analyst to get clarification on my selling receivers with a buttstock as long guns instead of receivers for the purpose of selling to people under the age of 21. According to Mr. Borg, the analyst claims that the definition of a rifle includes barrel in it, so a receiver with a buttstock is still considered a receiver and cannot be sold to someone under 21.

    I asked for that in writing and he said he just got it over the phone and it comes from the federal definition of a rifle.

    Anyone have this definition of a rifle?

    So what does this mean?

    For me, I am done selling anything but complete long guns with buttstocks to anyone under 21. Sorry, but it simply isn't worth it to be told by my auditor not to do it and go against them. Plus I honestly don't have a lot of people under 21 buy complete lowers and they can spend the few extra bucks and just buy a complete rifle.

    This could be a classic case of it depends on who you talk to, but for the purposes of keeping my FFL open and in business to continue on selling guns to everyone, the youth are going to have to wait for their stripped builds.
    I undersand how you feel, I would be doing the samething.
    Q: What was the most positive result of the "Cash for Clunkers" program?
    A: It took 95% of the Obama bumper stickers off the road.

    Originally posted by M. Sage
    More what? More crazy?
    You live in California. There's always more crazy. It's a renewable resource.

    Comment

    • #3
      tenpercentfirearms
      Vendor/Retailer
      • Apr 2005
      • 13007

      Here is the rifle definition.

      Title 18 USC Chapter 44 Sec. 921 Definitions

      (7) The term "rifle" means a weapon
      designed or redesigned, made or remade,
      and intended to be fired from the
      shoulder and designed or redesigned
      and made or remade to use the energy
      of an explosive to fire only a single projectile
      through a rifled bore for each
      single pull of the trigger.
      www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms.

      Comment

      • #4
        Desert_Rat
        Senior Member
        • May 2007
        • 2289

        Is "rifled bore" what they are considering a "barrel"

        Comment

        • #5
          Fjold
          I need a LIFE!!
          • Oct 2005
          • 22752

          Wes, see if you can get placed there in Taft, the drive to Tehachapi is to long.
          Frank

          One rifle, one planet, Holland's 375




          Life Member NRA, CRPA and SAF

          Comment

          • #6
            Mssr. Eleganté
            Blue Blaze Irregular
            CGN Contributor - Lifetime
            • Oct 2005
            • 10401

            Originally posted by Fjold
            Wes, see if you can get placed there in Taft, the drive to Tehachapi is to long.
            When a continuation high school teacher is sent to prison, do all of his former students in prison make his life a living hell? Is it like when a cop goes to prison?
            __________________

            "Knowledge is power... For REAL!" - Jack Austin

            Comment

            • #7
              tenpercentfirearms
              Vendor/Retailer
              • Apr 2005
              • 13007

              When a continuation high school teacher is sent to prison, do all of his former students in prison make his life a living hell? Is it like when a cop goes to prison?
              It probably depends. Since I am generally a "cool teacher", I think I would actually have some protection in the clink.
              www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms.

              Comment

              • #8
                PolishMike
                Calguns Addict
                • Nov 2007
                • 6034

                Wasn't this debated last year?
                Artist formally known as CEO of Tracy Rifle and Pistol

                Comment

                • #9
                  tenpercentfirearms
                  Vendor/Retailer
                  • Apr 2005
                  • 13007

                  Originally posted by PolishMike
                  Wasn't this debated last year?
                  I only remember asking my ATF agent what to do and her telling me that she did research and found that if it has a buttstock, we could consider it a long gun. From what I can tell since, most people also thought that was the case.

                  Now I am hearing otherwise. Was this already discussed and I missed it?
                  www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms.

                  Comment

                  • #10
                    tonelar
                    Dinosaur
                    • Mar 2008
                    • 6080

                    If the buyer has to be 21- sounds like buying receivers from you would be a great start to a Pistol AR build.
                    sigpic

                    Comment

                    • #11
                      icormba
                      Senior Member
                      • Oct 2005
                      • 1826

                      Originally posted by tenpercentfirearms
                      Today I get a call from my ATF auditor's supervisor (Ron Borg) and he says he called one of the technical analyst to get clarification on my selling receivers with a buttstock as long guns instead of receivers for the purpose of selling to people under the age of 21. According to Mr. Borg, the analyst claims that the definition of a rifle includes barrel in it, so a receiver with a buttstock is still considered a receiver and cannot be sold to someone under 21.
                      hmmm, interesting! So if someone, under the age of 21, owns an OLL AR build and then takes his/her upper off for cleaning... would they then be guilty of committing a crime?
                      Chris
                      http://www.m1garand.net

                      Comment

                      • #12
                        Futurecollector
                        I need a LIFE!!
                        • Oct 2008
                        • 11557

                        Originally posted by icormba
                        hmmm, interesting! So if someone, under the age of 21, owns an OLL AR build and then takes his/her upper off for cleaning... would they then be guilty of committing a crime?
                        I'm pretty sure my OLL's are perfectly legal since they are just sitting on a shelf and I haven't touched them since I bought them lol,

                        The Federal law being discussed here is just the selling of stripped receivers to a person under 21...


                        Wes- couldn't you just slap a stock and a barrel on it for the purpose of DROS and then once the dros is up they could disassemble the lower and return the upper to you?
                        None of my posts are serious or real, nothing I post is legal advice.

                        Originally posted by SanDiego619
                        I am a complete idiot

                        Comment

                        • #13
                          tenpercentfirearms
                          Vendor/Retailer
                          • Apr 2005
                          • 13007

                          Originally posted by icormba
                          hmmm, interesting! So if someone, under the age of 21, owns an OLL AR build and then takes his/her upper off for cleaning... would they then be guilty of committing a crime?
                          No. It is not illegal for people under 21 to own or possess receivers, just like it is not illegal for them to own or possess handguns. They simply can't buy them from a FFL.
                          Originally posted by Futurecollector
                          Wes- couldn't you just slap a stock and a barrel on it for the purpose of DROS and then once the dros is up they could disassemble the lower and return the upper to you?
                          I would be manufacturing a complete rifle which is subject to excise tax and I am supposed to technically have an 07 FFL for. So no, I can't do that.

                          Basically the amount of money in selling stripped lowers or even built up AR15s to people between 18 and 21 is so small that trying to skirt a law to cater to them is not business smart. Don't get me wrong I have never asked for anyone's ID to handle a firearm when they come into my shop. I hand handguns over to 12 year olds if they want to look at them. Everyone could be a future, potential customer.

                          However, you wouldn't ask an FFL to find a way to sell a handgun to a 21 year old somehow. There is legit and there is not legit. No amount of money I make is worth me going to jail over or losing this business for. Maybe our civil rights are worth it, but this simply isn't an actionable civil rights cause. Wait a couple years and buy away. Have your parents come in and buy it and then gift it to you. Again, this issue isn't worth the potential hassle.
                          www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms.

                          Comment

                          • #14
                            freakshow10mm
                            Veteran Member
                            • Jun 2008
                            • 3061

                            It would have to be built as much as possible for the weapon to be fired. That means FCG, upper receiver, barrel, delta assembly.

                            Problem with that is you are adding parts to a firearm prior to a 4473 transfer; only licensed manufacturers are allowed to do this and must comply with the GCA 1968 marking requirements for manufacturers.

                            Comment

                            • #15
                              TripleT
                              Member
                              • Dec 2008
                              • 348

                              This also goes back to the ATF's clarification that a receiver is an "other" for purposes of 4473 and cannot be transfered as a "rifle" ie no sales to under 21.

                              Not to threadjack but consider the scenario of an FFL that has built a rifle for his own use ie OLL out of his A & D to personal inventory, then returned to inventory after build and use. So now he has a "used" complete rifle in his for sale inventory. Legal ???

                              Comment

                              Working...
                              UA-8071174-1