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Two questions: noncompliant AR-15 upper + lower in same box, taxation?

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  • Apec
    Senior Member
    • Jul 2011
    • 1363

    Two questions: noncompliant AR-15 upper + lower in same box, taxation?

    Hello,

    Right now I'm aware that transferring a complete AR lower with a regular mag release is legal. Without an upper attached, the lower alone does not meet the definition of a rifle/pistol.

    I am looking at buying a rifle online and having the seller detach the upper from the lower.

    1. Would there be any issues if the seller included the original upper in the same shipment/box with the lower? Both parts will be detached/unassembled.

    2. Two, I'm wondering about taxation on the final transfer, assuming the aforementioned situation happened and both the upper and lower were shipped together - but not assembled. I take possession of the upper and leave the lower with the FFL for the 10 days.

    Would I be taxed on the price of the original entire rifle, or just the lower? The lower alone is the only part that is actually being transferred/DROS'ed.

    Otherwise I may just have him ship the upper/lower separately.
    WTB:
    Emerson SOCFK-A
  • #2
    kemasa
    I need a LIFE!!
    • Jun 2005
    • 10706

    It is better to have the upper and lower shipped separately, with a separate receipt for each.

    Some FFLs would consider it to be a complete firearm since it is all there, just taken apart.

    Anything shipped to a FFL would be subject to sales tax.
    Kemasa.
    False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

    Don't tell someone to read the rules he wrote or tell him that he is wrong.

    Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

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