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Are stripped lowers in CT legal?

Discussion in 'Connecticut Laws' started by Stape, Jun 15, 2016.

  1. Stape

    Stape

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    Pretty simple question. Are stripped lowers legal in CT. Nothing else with it, just a plain-jane stripped lower.
     

  2. MAJoe

    MAJoe NES Member

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    I'm surprised no one has replied - free bump. I believe stripped lowers are legal provided that's all you have. They don't trip any provisions of CT's AWB. Be mindful of constructive possession and also the evil named list (e.g., Colt AR-15 stamped rifles are banned).

    Sure someone else will chime in.
     
  3. xtry51

    xtry51 NES Member

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    If it is just a stripped lower and was never built into a firearm, yes.
     
  4. allen-1

    allen-1 NES Member

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    NO. Not unless it was previously registered.

    The stripped lower is considered the firearm. CT is the same as Federal law and different than MA in this respect.

    After Sandy Hook, CT residents were given a deadline by which all "assault weapons" had to be registered. That stripped lower is an "assault weapon" by CT law. If it wasn't registered, it's not legal to possess in CT.

    http://www.ct.gov/despp/cwp/view.asp?a=4213&q=494616

    Assault Weapons
    Section 53-202a of the Connecticut General Statutes gives the definition, and an itemized list of what weapons are considered Assault Weapons.
    Definition. (1) Any selective-fire firearm capable of fully automatic, semiautomatic or burst fire at the option of the user or any of the following specified semiautomatic firearms:
    List of Assault Weapons [​IMG]
    Newly defined Assault Weapons:
    Any newly defined assault weapon that was lawfully purchased on or before April 4, 2013, but was not transferred by that date, may be transferred pursuant to such lawful purchase and a sales authorization number may be obtained for such transfer. Sellers are required to verify that a lawful purchase occurred on or before April 4, 2013 prior to transferring such firearm.
    Proof of lawful possession will also be required by DESPP from the owner of the firearm with the Application for Certificate of Possession of Assault Weapon. Forms are currently being developed for this purpose.


    Who may possess Assault Weapons in Connecticut?

    Law enforcement and military personnel may possess Assault Weapons in connection with their official duties, and any person who has a Certificate of Possession issued by the Special Licensing and Firearms Unit may possess the Assault Weapon listed on their certificate.

    Can I get a Certificate of Possession for my Assault Weapon now?

    Yes, a Certificate of Possession must be obtained prior to January 1, 2014 The only exceptions to this would be a person who has been out of state serving in the military prior to October 1994, or a person who receives an Assault Weapon through bequeath or intestate succession providing the weapon already had a certificate. In these instances, the person has 90 days to register the weapon with the Special Licensing and Firearms Unit.

    Assault Weapon Certificate Application [​IMG]

    Please submit proof that you purchased the weapon on or prior to April 4, 2013. A valid sale receipt and or a DPS-3 form or sworn affidavit are acceptable forms of proof.

    Magazine Declaration Form - DESPP-788-C [​IMG]

    Deadline for declaring large capacity magazines must be prior to January 1, 2014

    Ammunition Certificate Application [​IMG]


    You must appear in person to have your photogrpah taken for your initial application.

    I just moved into Connecticut and I possess an Assault Weapon. May I keep the weapon or if not what are my options?

    Within 90 days of moving to Connecticut, you may sell the weapon to any licensed gun dealer, or you must do one of the following;

    1) render the weapon permanently inoperable,
    2) sell it to an out of state dealer,
    3) relinquish the weapon to a law enforcement agency.

    If you choose to keep the weapon you risk felony arrest.

    Can Connecticut gun dealers buy or sell Assault Weapons?

    A licensed gun dealer may purchase an Assault Weapon only if the weapon has a Certificate of Possession, or any Assault weapon that has been transferred into Connecticut as part of someone’s personal belongings for less than 90 days. The dealer may then sell them to other dealers, law enforcement agencies, or out of state.

    Can Police Officers buy Assault Weapons?

    Yes. Sworn members may purchase Assault Weapons in connection with their official duties, but must obtain a letter from the Commssioner, or authority authorizing the purchase stating that the sworn member, officer, inspector or constable will use the assault weapon in the discharge of officials duties and that a records check indicates that the sworn member, inspector, officer or constable has not been convited of a crime of family violence.

    - - - Updated - - -

    NO.
    Stripped lower is the serialized part, it's the firearm... CT law is NOT the same as MA law, it's the same as federal law.
     
  5. xtry51

    xtry51 NES Member

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    My understanding is the firearm, like federal law, cannot be considered a rifle or pistol unless it is built. Making stripped lowers purchasable.

    Federal law does call a lower a FIREARM. But it does NOT automatically categorize an AR15 lower as an "assault weapon".

    I would ask DCMDON. Send him a PM and I'm sure he'll chime in here.
     
  6. Rob Boudrie

    Rob Boudrie NES Member

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    I have no idea what the CT specific answer is.

    The feds changed the classification of a lower from a rifle to "frame/receiver" on the 4473 specifically to prevent out of state purchases.
     
  7. allen-1

    allen-1 NES Member

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    CT law like Federal law classifies the lower as the firearm because it's the serialized part.

    CT law classifies AR-15's as "assault weapons" and forbids the purchase, sale or transfer of them, with some exceptions. The exceptions don't apply to Stape in this case because he's not talking about transferring to an FFL, and I *presume* that the stripped lower he's talking about is not a "pre-ban" lower.

    The distinction between pistol and rifle in this case is meaningless because it's going to be a banned firearm in either case, unless it's "pre-ban".

    Stape - I'm guessing you're talking about a fairly newly manufactured lower? If so, if it's 100%, it can't legally be transferred to anyone in CT who doesn't have an FFL, and I'm not sure if it could legally be transferred IN. I know that you can legally transfer AR's to an FFL so that he can subsequently sell them out of state.

    If you want to stay legal, your best bet is to buy "pre-ban", they're still available, just expensive.
     
    Last edited: Jun 20, 2016
  8. Woda

    Woda

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    I have an email from SLFU saying YES a stripped lower is legal.

    The email literally has a one word answer to my question followed by the sender's signature.

    The reasoning is that you may build that lower into a compliant rifle. Leave off the gas block and you have a "bolt action" AR, or make a dedicated 22... the options are endless.

    Now, good luck getting a dealer to sell you one. Even with the email I haven't found anyone who will actually sell me one.
     
  9. MAJoe

    MAJoe NES Member

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    This is exactly what I was thinking. Since rimfire is under a different category... Doesn't Stag sell CT legal rimfire ARs? How do they know what the rifle will become until it has parts?
     
    Last edited: Jun 21, 2016
  10. allen-1

    allen-1 NES Member

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    To say that I'm shocked is an understatement. Thank you very much for posting this.
     
  11. Woda

    Woda

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    Allen-1 - shocked that I got it in writing, or that its legal?

    You shouldn't be shocked that they're legal, after all you can go buy a dedicated 22lr AR right now.
     
  12. allen-1

    allen-1 NES Member

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    Shocked that SLFU says you can buy a stripped multi-caliber lower. I understand firearms like S&W's M&P 15-22, it can't fire .223 or 556, it'll only chamber .22. And I never understood how they thought this law was going to work in reality, since I have three lowers here in CT that I can put any upper on that I want to. But since it's illegal to buy, sell or transfer any AR15 (other than pre-ban or to an FFL, or if you're LEO/Military), and the lower is the firearm, I'm sitting here scratching my head, (and/or my butt), totally confused.

    Understand, I'm not disputing that you have this email. I'm just shocked.
     
  13. dcmdon

    dcmdon

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    Allen - I respectfully disagree with you.

    Here is why.

    An AR style lower (that is not on the named list) is simply a firearm receiver. It can be built into either a compliant firearm or a non-compliant assault weapon.

    An AR lower in this respect is no different from a Glock frame or a Remington 1100 receiver.

    All are firearm receivers that can be built into either an AW or a compliant firearm.

    All of your citations apply to AWs. An AW is defined one of two ways in PA 13-3. Either by evil features or by name.

    A stripped AR lower from a maker not on the named list meets none of those criteria. Let me give you a specific example. An AeroPrecision lower is not an AR15. If you look on the receiver its a model X15. So this lower does not meet the named or evil feature requirements to be an AW.

    Your error was assuming that this lower was an AR15. Its not.

    If I were still a FFL in CT, I would think nothing of selling a stripped lower. I would however have my customer sign something stating that they understood that it was their responsibility to build it into a compliant firearm. (.22 lr rimfire semi auto, bolt action upper, single shot .50 cal upper, there are many ways)

    As proof of this I offer you the Stag Arms CT compliance conversion upgrade available on several of their rifles:
    https://www.stagarms.com/post-ban-information/

    Essentially, Stag will sell you an AR built on standard receiivers. They replace the buffer tube with a solid plastic buffer tube and replace the bolt with a .22 LR conversion bolt. I also believe the barrel does not have a gas port, although I'm not sure. I do know the barrel is chambered in .223.

    Stag sells this gun in CT.

    So there you go. AR Receiver CAN legally be purchased in CT.

    Don

    p.s. I don't currently know any dealers who will sell you a lower. But they will all sell you the Stag rifle built on a standard lower. It makes no sense.
     
    Last edited: Jun 21, 2016
  14. dcmdon

    dcmdon

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    Here's the list of named AWs from PA 13-3

    Also, as I'm reading the law, it says named semi automatic centerfire rifles. Which means that you could build even a named firearm into a compliant rifle by building it as a rimfire rifle or a bolt action centerfire rifle. So even the named ones would be legal.

    Here is the relevant text.

    [(2)] (ii) A part or combination of parts designed or intended to convert a firearm into an assault weapon, as defined in subparagraph (A)(i) of this subdivision, [(1) of this subsection,] or any combination of parts from which an assault weapon, as defined in subparagraph (A)(i) of this subdivision, [(1) of this subsection,] may be rapidly assembled if those parts are in the possession or under the control of the same person;

    (B) Any of the following specified semiautomatic centerfire rifles, or copies or duplicates thereof with the capability of any such rifles, that were in production prior to or on the effective date of this section: (i) AK-47; (ii) AK-74; (iii) AKM; (iv) AKS-74U; (v) ARM; (vi) MAADI AK47; (vii) MAK90; (viii) MISR; (ix) NHM90 and NHM91; (x) Norinco 56, 56S, 84S and 86S; (xi) Poly Technologies AKS and AK47; (xii) SA 85; (xiii) SA 93; (xiv) VEPR; (xv) WASR-10; (xvi) WUM; (xvii) Rock River Arms LAR-47; (xviii) Vector Arms AK-47; (xix) AR-10; (xx) AR-15; (xxi) Bushmaster Carbon 15, Bushmaster XM15, Bushmaster ACR Rifles, Bushmaster MOE Rifles; (xxii) Colt Match Target Rifles; (xxiii) Armalite M15; (xxiv) Olympic Arms AR-15, A1, CAR, PCR, K3B, K30R, K16, K48, K8 and K9 Rifles; (xxv) DPMS Tactical Rifles; (xxvi) Smith and Wesson M&P15 Rifles; (xxvii) Rock River Arms LAR-15; (xxviii) Doublestar AR Rifles; (xxix) Barrett REC7; (xxx) Beretta Storm; (xxxi) Calico Liberty 50, 50 Tactical, 100, 100 Tactical, I, I Tactical, II and II Tactical Rifles; (xxxii) Hi-Point Carbine Rifles; (xxxiii) HK-PSG-1; (xxxiv) Kel-Tec Sub-2000, SU Rifles, and RFB; (xxxv) Remington Tactical Rifle Model 7615; (xxxvi) SAR-8, SAR-4800 and SR9; (xxxvii) SLG 95; (xxxviii) SLR 95 or 96; (xxxix) TNW M230 and M2HB; (xl) Vector Arms UZI; (xli) Galil and Galil Sporter; (xlii) Daewoo AR 100 and AR 110C; (xliii) Fabrique Nationale/FN 308 Match and L1A1 Sporter; (xliv) HK USC; (xlv) IZHMASH Saiga AK; (xlvi) SIG Sauer 551-A1, 556, 516, 716 and M400 Rifles; (xlvii) Valmet M62S, M71S and M78S; (xlviii) Wilkinson Arms Linda Carbine; and (xlix) Barrett M107A1;
     
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  15. xtry51

    xtry51 NES Member

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    Thanks Don.
     
  16. GlockJock

    GlockJock NES Member

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    I think it depends on local jurisdiction.... I've heard tassels are also required at some joints in CT, but I think some of the smaller clubs allow them to go completely in the buff.

    Just sayin'
     
  17. allen-1

    allen-1 NES Member

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    Thank you.
     
  18. Stape

    Stape

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    Well, that explains it. I posted that question before I traveled to CT. I just got back, but thanks to everyone who chimed in.
     
  19. dcmdon

    dcmdon

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    Local law is irrelevant. Ha. Just realized you were making a joke.

    On that topic. No tassels in CT, but they must cover up the bottom bits if they serve alcohol. There used to be a bar in hartford that served booze with bottoms on, and behind it was a juice bar with anything goes. It was instrumental in getting me through my divorce 20 years ago

    ; -)
     
  20. Cabinetman

    Cabinetman

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    I have a buddy who is moving to CT and he has some finished 80% lowers. He was told that he can't have them here nor can he sell them except to a military or LEO. The one exception was if he were to have the lowers marked with a number and something like, "for .22 caliber only". Since the .22 cals are still legal, that would solve the problem. You and I and anyone with a brain here would understand why I can't believe that would be the case since imprinting ".22 only" isn't actually a permanent modification preventing other calibers to be used as well. But if it works then it makes those otherwise worthless (in CT anyway) lowers salable here. Right???

    Rome
     
  21. MAJoe

    MAJoe NES Member

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    Ha I don't see how that matters since a rimfire lower and centerfire lower take the ssme parts.
     
  22. dcmdon

    dcmdon

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    All lowers are legal in CT. Shoot. Its still legal to buy a lower in CT.

    The point is that a stripped AR lower is no different than a stripped glock frame or 1100 receiver. They all can be built into illegal AWs or they can be built into legal firearms. The law doesn't talk about receivers. It talks about finished firearms. Almost any semi-auto firearm can be made into an illegal AW.

    The ways that an AR lower can be built into a legal firearm are as follows.
    1) semi-auto rimfire with legal number (2) of evil features.
    2) bolt action single shot .50 cal
    3) Any bolt action centerfire upper that fits ARs.
    4) Standard AR upper without a gas system which renders the gun a straight pull bolt action.
    5) **Edit** A "firearm" that avoids being a rifle, pistol, or shotgun, like the Freedom Shoppe does.

    Not that it matters but a glock can be turned into an AW by simply installing a threaded barrel.

    Don
     
    Last edited: Jan 30, 2018
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  23. dynotime

    dynotime

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    Contact CTBROKER or Freedom Arms. They will sell you a legal firearm
     
  24. dcmdon

    dcmdon

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    Or just buy a lower. Again, a lower is not an AW. Read my explanation 2 posts above.
    Both the freedom shoppe and stag arms sell CT legal firearms based on real AR upper and lower receivers.

    Don
     
  25. EMitch

    EMitch

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    So, a PA-15 Stripped lower like this PSA "OneMore" Stripped AR-15 Safe/Fire Engraved Lower Receiver should be good to go here? In light of recent events, I'm tempted to get a couple to have as bolt guns to compliment my other one.


    Edit: I did send SLFU an email asking for clarification and was told to call them, which I haven't done yet. So much for hoping for an answer on paper.
     
  26. Cabinetman

    Cabinetman

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    What if the stripped lower is...........preban?
     
  27. dcmdon

    dcmdon

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    Don't call them. Don't give them an opportunity to lie. The fact that they won't put it in writing should tell you something.
    Save your email of them telling you to call them.

    Here is the reality as shown by numerous companies.

    An AR receiver is no different from a Colt 1911 lower, a Glock lower, or a Rem 1100 lower. Any of which can be made into an illegal AW or a legal firearm.

    You can build the AR as a bolt gun or as a rimfire rifle, which is allowed one more evil feature, or you could build it in a way that it is neither a rifle nor a handgun. If configured this way, there is nothing in PA13-3 that prohibits their possession.

    Examples of commercial legal firearms include the "firearm" from the freedom shoppe as well as .22 LR versions of the AR from Stag Arms.
    Both of these firearms are built on STANDARD AR lowers.

    If they were not compliant firearms, the state would have come down on these two very well known purveyors of AR style firarms in CT.


    Pre-94 ban is legal no matter what its form. Provided it isn't named in the 94 law.
     
    Last edited: Mar 25, 2018
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  28. EMitch

    EMitch

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    dcmdom, you are amazing, don’t ever change! I’ll message my FFL and make sure he will accept the lower (and PSA and make sure they’ll ship to him). $40-60 is a hard price to pass up on :-/
     
    Last edited: Mar 26, 2018
  29. dcmdon

    dcmdon

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    I forgot to mention. It might be fun to reply to the email agreeing to call them, if you are allowed to record the call. Ha. My guess is the answer will be no, since they want the conversation to be "off the record".
     
  30. dynotime

    dynotime

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    Yes Lowers are legal in Connecticut. A lower is not an AW. And the only way to build an SBR is to purchase an empty lower. You would need the lower First to fill out the Form 1.
     

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