AR lower ???

[BRIGUY]

Can someone with a FID card buy a complete lower that has already been registered as a complete large capacity rifle ? Also how does one transfer the lower once registered ? Obviously a fa10 is required but what about barrel length and capacity? Should it be transfered as if it were a complete rifle , and should it state all the info on the fa10 as when it was registered? Thanks

 

[vellnueve]

Technically, you can buy the lower without a problem. Practically, though, no one will sell it to you, and you'll have a hard time with police. It would not be a particularly wise thing to do, and I have no doubt that many PDs would go after you for buying something not covered by your license.

As for the FA10, please do a search as this topic is covered almost daily here. NO FA-10.

 

[BRIGUY]

I am actually the seller , someone with a FID is inquiring about a lower I have , just wanted to make sure , so it is a NO for someone with a fid card , correct. I did a quick search and found that most want to know about how to go about transferring lowers that have never been registered. This particular lower has been a complete rifle and register as one on a fa10 form.

Technically, you can buy the lower without a problem. Practically, though, no one will sell it to you, and you'll have a hard time with police. It would not be a particularly wise thing to do, and I have no doubt that many PDs would go after you for buying something not covered by your license.

As for the FA10, please do a search as this topic is covered almost daily here. NO FA-10.

 

[Kaos116]

Let me try.

A lower is not a firearm according to MA. So an FID is fine to purchase with.

BUT What is an FID holder going to do with it? The moment it becomes a rifle, they are a felon.

No, an FA-10 is not required. But a bill of sale is highly recommened.

 

[BRIGUY]

So you guys are telling me that even though I completed the rifle , filled out a fa10 and register it , that if I sell the upper I now dont need a fa10 form to transfer the lower , even though the firearms bureau has record of it being a complete rifle. Hypethtically speaking , and I really mean that because what I am about to say isnt really happening . You could sell your upper to Joe and then a week later sell Joe your lower and all you need is a bill of sale , and then he can go and reassemble the same rifle and register it to him even though that same rifle would have already been registered in someone elses name and there being no record of a transfer?
I really am curious and just want to do it right , sorry for all the ignorance on my part .

Let me try.

A lower is not a firearm according to MA. So an FID is fine to purchase with.

BUT What is an FID holder going to do with it? The moment it becomes a rifle, they are a felon.

No, an FA-10 is not required. But a bill of sale is highly recommened.

 

[Kaos116]

Ahhhh... Nope... Disregard. Once a rifle, always a rifle. Missed the rifle part in the OP. FA-10 needed and I would say and FID is NOT enough to purchase.

 

[atmay]

BUT What is an FID holder going to do with it? The moment it becomes a rifle, they are a felon.

FID holder saw a decent deal and is still waiting on his LTC



BRIGUY, I think its a bit of a moot point now anyway, I just found out I'll be in the middle of the ocean in about a week. Thanks, though. If you still happen to have it in September or so, I'll be looking again.

 

[jdubois]

Ahhhh... Nope... Disregard. Once a rifle, always a rifle. Missed the rifle part in the OP. FA-10 needed and I would say and FID is NOT enough to purchase.

No, you were right the first time. Doesn't matter if it was once part of a rifle. No FA-10 needed.

You could sell your upper to Joe and then a week later sell Joe your lower and all you need is a bill of sale , and then he can go and reassemble the same rifle and register it to him even though that same rifle would have already been registered in someone elses name and there being no record of a transfer?

Yes. You could also take the rifle up to NH and sell it back to another MA resident through a NH FFL, and achieve the same thing.

 

[Kaos116]

No, you were right the first time. Doesn't matter if it was once part of a rifle. No FA-10 needed.

WHAT?!?!? Not doubting you, but that sounds like it could be some expensive court time.

 

[GLOCK.Perfection]

WHAT?!?!? Not doubting you, but that sounds like it could be some expensive court time.

a lower isnt a firearm according to MGL

 

[jdubois]

WHAT?!?!? Not doubting you, but that sounds like it could be some expensive court time.

Court time for what? It's cut and dry. You only need to file an FA-10 when you sell in order to comply with § 128A, and that statute does not apply to receivers. No requirement under § 128A, no charge to end you up in court. End of story.

The whole "once a rifle, always a rifle" stuff is concerning the federal laws about weapons "made from a rifle". There's no such wording in MA laws (with the exception of sawed-off shotguns).

 

[Kaos116]

Ok... Just when I think I have a grasp on MGL I get more confused everytime I read about lowers. I'll leave the MGL questions to the experts next time.

If I have a Colt AR-15, that has been purchased in MA.4473/FA-10 completed. I can disassemble the rifle and sell the lower to an FID holder? Or even one step further. If MGL doesn't see the previous rifle lower as a firearm I could LEGALLY sell it to anyone on the street?

This state has the stupidest laws!

 

[jdubois]

Yes, you could technically sell just an AR lower to anybody in MA who is not federally prohibited, even if they are not licensed. However, you'd be foolish to do so. If you have reasonable cause to believe they're going to also purchase an upper, and put the two together, I don't think the state would take kindly to it.

 

[Kaos116]

Court time for what? It's cut and dry. You only need to file an FA-10 when you sell in order to comply with § 128A, and that statute does not apply to receivers. No requirement under § 128A, no charge to end you up in court. End of story.

Just ASSUMING the lower purchaser built a rifle with it. Gets caught with it. How do you explain the fact they have a rifle built on your old rifle lower?

ETA: I can't imagine a Police Officer is going to know this whole 'just a lower' stuff

 

[jdubois]

Just ASSUMING the lower purchaser built a rifle with it. Gets caught with it. How do you explain the fact they have a rifle built on your old rifle lower?

You explain it by saying you sold them your lower, and they built a rifle with it. If they're a licensed individual, what's the problem?

 

[vellnueve]

It's an incredibly stupid idea, and I would run, not walk, away from someone trying to buy one as such.

 

[Kaos116]

You explain it by saying you sold them your lower, and they built a rifle with it. If they're a licensed individual, what's the problem?

FID holder?

Please understand I am not arguing, I am completely taken back by this. I thought I had read just about everything in NES about lowers.

 

[jdubois]

FID holder?

Please understand I am not arguing, I am completely taken back by this. I thought I had read just about everything in NES about lowers.

I think we're starting to confuse two different things there.

1) Whether you file an FA-10 when you sell a lower.

2) Whether you can sell a lower to someone without an LTC.

On the first, the answer is no. The state does not want you to. End of story.

On the second, the answer is yes, but you'd be foolish to do so as it may lead to trouble for you even though you technically haven't broken any law.

 

[Kaos116]

I think we're starting to confused two different things there.

1) Whether you file an FA-10 when you sell a lower.

2) Whether you can sell a lower to someone without with an LTC.

On the first, the answer is no. The state does not want you to. End of story.

On the second, the answer is yes, but you'd be foolish to do so as it may lead to trouble for you even though you technically haven't broken any law.

Gotcha!