Can my parts leave jail?

[Cyberion]

I have a jailed handgun, fully paid for, awaiting freedom. Out of curiosity, I asked my FFL if they would/could allow me to bring my parts home right now. (Barrel, Slide, slide spring,& magazine.) The firearm (the lower with the serial number) of course remains in jail during the legal wait.

They saw no reason why not since the parts are just pieces of metal. After all, I own them. They don't like to do this as a matter of store policy but they saw no legal reason to deny it.

If you're an FFL, what do you think? What would you do if someone wants to take home their (fully paid for) parts at the time of purchase?

(Note: I promised the FFL I wasn't putting them on the spot so they shall remain anonymous. It was their opinion. And I did in fact leave my parts there because I don't have a use for them now. But interesting they would have let me take them if I wanted)

[NytWolf]

Interesting question. I am not an FFL, but ...

IMHO it all would depend on how you define a firearm. A pile of complete parts is a firearm. That it cannot be fired is irrelevant. But there is no definition of a pile of parts minus the serialized frame.

With that said however, you purchased a complete firearm. You didn't purchase a pile of parts that make up a firearm. If you did the latter, the store would have to have each part available separately, e.g. AR rifle parts.

If I purchased a vehicle, can I take parts off it home just because I don't have insurance for it yet? The bank won't release it to me until I have full coverage insurance. (This is just an example; don't get into the technicalities of insurance policies.)

[Condorguns]

I let people take the extras out of the box ( manual and such). In have let someone I know take a BBL and slide so he could have it ported. The frame is the firearm, that is what we have to have.

Note you do need a complete gun for the safe handling demo, and why the heck would you take home your slide, bbl, and mags if your not having them smithed? I prefer to have the gun complete.

[tenpercentfirearms]

If paid in full, maybe. However, unless you are exempt from the HSC you still need to do the safety demonstration and also the firearm must be sold and delivered as a rostered or exempt gun. A frame is not on the roster.

So now that I think about it, probably not.

[Cyberion]

Note you do need a complete gun for the safe handling demo, and why the heck would you take home your slide, bbl, and mags if your not having them smithed? I prefer to have the gun complete.

I suppose the list of reasons why would run the gamut. Because you can would be the biggest one. Smithing is certainly legit. The safe handling demo--hadn't thought of that but I've bought lowers by themselves before and the safe handling is still covered/discussed.

[Cyberion]

Interesting question. it all would depend on how you define a firearm.

DOJ calls the firearm the part with the serial number--the frame. The rest are just parts and you can buy them off the shelf and take them home.

If paid in full, maybe. However, unless you are exempt from the HSC you still need to do the safety demonstration and also the firearm must be sold and delivered as a rostered or exempt gun. A frame is not on the roster.

So now that I think about it, probably not.

Thanks for all your inputs. To summarize my understanding, there isn't a law saying you can't allow the parts to leave early but there are DROS processes that require the complete gun to finalize DROS (safety demo + FFL validation that the final delivered gun is rostered)

Great thanks. I'll consider case closed. To provide more context, I bought two handguns back to back on different days. Why?
A. They were in stock and soon falling off the roster
B. They were fair deals
#1. My wife let me

The 10-day wait gun, when it comes home, will be fitted with a light and maybe some new sights. The 35-40 day wait gun will remain stock but I wondered if these were reversed, I would want to bring the slide home now and try on the light and sights. Sounds to me like I could do that, provided I brought it back to my FFL to finalize the DROS process (safety, etc.)

And I do appreciate what you FFL's do. There are threads asking how to become one in CA. Are you kidding? No way! Way too much paperwork. It's all yours.

[NytWolf]

DOJ calls the firearm the part with the serial number--the frame. The rest are just parts and you can buy them off the shelf and take them home.

If I were your FFL, I'd tell you to pound sand. But show me a retailer that has handgun parts, besides magazines, on the shelf -- that's why I bring it up. Sure, there are other reasons they don't stock these parts, but those reasons make up exactly my point.

If I sold you a handgun and allowed you to take everything home except the serialized frame, BUT later the DOJ issues a "do not release", I would be up the creek. I would be stuck with a frame that I can't sell because you claim you own the parts you took home. Sure, there may be other implications, but as an FFL, do I want the hassle of ensuring you return "your" parts?

Because it hasn't been addressed, I'm pretty sure it comes down to the FFL. Technically, you may be correct, but if I were the FFL, I wouldn't chance it.

Thanks for all your inputs. To summarize my understanding, there isn't a law saying you can't allow the parts to leave early but there are DROS processes that require the complete gun to finalize DROS (safety demo + FFL validation that the final delivered gun is rostered)

Great thanks. I'll consider case closed. To provide more context, I bought two handguns back to back on different days.

With that kind of response, I'm not sure if you were just trolling or looking for justification of your request to take apart a handgun.

[Cyberion]

But show me a retailer that has handgun parts, besides magazines, on the shelf -- that's why I bring it up.

YOU ARE CORRECT ON HANDGUNS. I WAS THINKING FIREARM (RIFLES INCLUDED)

With that kind of response, I'm not sure if you were just trolling or looking for justification of your request to take apart a handgun.

NO, NOT TROLLING BUT TRYING TO UNDERSTAND THE RULES. THANKS FOR YOUR INPUTS. I SAY CASE CLOSED BECAUSE I'VE RECEIVED ENOUGH INPUTS TO CONVINCE ME THAT WHILE I PROBABLY COULD BRING PARTS HOME, LEGALLY, IT'S PROBABLY NOT WORTH THE HASSLE OF ENSURING THE BACK END OF THE DROS PROCESS IS AFFECTED IN ANY WAY. I ACTUALLY DON'T WANT MY FFL TO GET INTO ANY TROUBLES. I LEFT THE PARTS WITH HIM AND I INTEND TO LEAVE THEM THERE.

[Condorguns]

And I do appreciate what you FFL's do. There are threads asking how to become one in CA. Are you kidding? No way! Way too much paperwork. It's all yours.

Glad we could help. and Yeah, anytime you have a free day you are more than welcome to come on down and help us fill out paperwork

[kemasa]

With handguns is not really possible, but with long guns you can have the receiver/frame shipped to the FFL and the rest to you.

The DROS specifies the specifics of the firearm now and the 4473 lists what the firearm is (frame vs. rifle), so I would say it is not really a good idea since the firearm being transferred at the end would not match the paperwork.

[Philthy]

I always take my bbl and mags. Why? So both sides are protected as no one will shoot it for 10 days.


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[Tyke8319]

Guess maybe I'm the fly in the ointment... I don't let any part of the gun or box leave the premises till the 10 wait is up.
Did release a bolt to a guy once so he (said) he could polish the locking lugs.
After the time wait time was up and the rifle released it showed up the day after with "head space" problems which he claimed was a manufacturing defect. After a month and a half of hassel, the "defect" was corrected by our shop setting the barrel back (manuf. voided the warrenty cause of the bolt work, ect).
We don't send anything out that could void warranty or result in a safety problem...!!

[PolishMike]

There is no way I am letting ANYTHING out of the box until final pickup. Too many chances to get screwed.

[Mrs Rabbit]

Kemasa, wouldn't this all be a moot point since technically, regardless of whether or not it is paid for, the gun belongs to the dealer until the background check is complete and the 'deliver gun' button pushed???

Just sayin'

[kemasa]

Kemasa, wouldn't this all be a moot point since technically, regardless of whether or not it is paid for, the gun belongs to the dealer until the background check is complete and the 'deliver gun' button pushed???

Just sayin'

I am not sure of what specifically you are referring to.

The FFL can hand over parts as they so choose, regardless of whether it is a good idea or not, but the paperwork should match what is being delivered at the time of delivery.