Buying out of state preban AR lower help

[fox5]

Okay so my friend in North Carolina is selling his preban AR lower to me.
What are the procedures to do this transaction legally?

I will be in North Carolina next week when I am buying this rifle.

-From what I understand we have to meet at at NC dealer so the dealer can transfer it to me. I can't directly get the rifle from him right? What happens for the dealer to transfer it to me?

-When I bring the lower back to MA, is this when I fill out a FA-10? or when I assemble it with an upper. Do I need a bill of sale?
What else do I need to know?

Thanks

 

[jdubois]

If it is truly just a lower, without an upper attached to it, you cannot transfer it through a NC dealer (Stupid, I know, because you could transfer it in NC if it were a complete rifle, but there it is). Your friend will have to ship it up here to a MA dealer and you can have it transferred through them.

 

[fox5]

Bah! Thanks jdubois

Can he just ship the lower to my FFL? Doesn't need to go thru a FFL to send it.


Also...
So if I bought the whole rifle I could then transfer it in NC and bring it back?
And get a different upper for it later?

 

[jdubois]

Can he just ship the lower to my FFL? Doesn't need to go thru a FFL to send it.

Correct, he can ship it directly to your FFL, as long as your FFL is willing to accept it. Some FFLs only like to receive from other FFLs, others will take private shipments.

Also...
So if I bought the whole rifle I could then transfer it in NC and bring it back?
And get a different upper for it later?

Yes, as long as the rifle is legal here in MA, you could transfer the complete rifle through a willing FFL in NC and then fill out an FA-10 within 7 days of bringing it back here to MA. Just be sure you're familiar with how to legally transport the gun back with you (i.e. Airline regulations if flying and/or Federal Safe Passage law, if driving). Also be aware that what the law says and what an FFL is willing to do are two different things. You might have trouble getting a NC FFL to transfer a rifle to you. You'd have to just call around and find out.

And sure, you could then switch the upper out for another after that.

 

[fox5]

Transport would be driving, unloaded, locked hard case. We will also be shooting at his sherriff's shooting range in NC.

 

[jdubois]

Make sure that locked case is in the trunk and you'll be legally ok. Be aware though that you may run into trouble in NY/NJ if you're stopped and they find the gun. While the federal safe passage law ultimately protects you, the local police in those areas have been known to be unfriendly to that law in the past and might cause hassle for you.

But if the gun is properly stored out of sight in the trunk, and you don't give them any reason to search, it's unlikely that they'd even know about it. And you are within your legal rights to transport the gun through, as long as you're not stopping in those states.