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Can a complete AR built on an OLL be shipped in two halves?

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  • #16
    franklinarmory
    Vendor/Retailer
    • Nov 2009
    • 1892

    This may cloud the issue a bit, but I'll go ahead.... I asked the ATF if the shipping of an unattached but fully built upper and lower in the same box would cause any issues. The ATF concurred that "assembling" the upper and lower is no different than assembling an o/u shotgun. In addition, the act of assembling did not constitute "manufacturing" by the receiving dealer. I can't imagine a dealer receiving an o/u shotgun as "other" or "frame only," so why would an AR be different?

    In California, there is no constructive possession element to the AWB. Consequently, it is not a felony for a full featured, NON-BB equipped, lower to be shipped with the upper unless or until the two pieces are attached. If I am shipping out of state, then the issue is moot.
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    • #17
      tenpercentfirearms
      Vendor/Retailer
      • Apr 2005
      • 13007

      First, a rifle must have a buttstock and a barrel. So a lower receiver whether built or stripped is not a rifle, nor a semi-automatic rifle, nor a semi-automatic rifle with the capacity to accept a detachable magazine. As a result, it does not require a fixed magazine device.

      Second, for ATF purposes, receiving a rifle broken in half is still a rifle. However, you are not violating state law in receiving it this way. I just log them in as rifles. If anyone ever asked, I would simply state I received it in half and then installed a Bullet Button or I would tell them that I received it with a Bullet Button in it. There is nothing wrong with that as that is the correct way I do it.

      Smith & Wesson now makes a M&P15OR with a Bullet Button. When looking at paperwork, how do they know if it was the CA or the non-CA version? By your word is about it.
      www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms.

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