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Buying pcc lowers for a rainy day (post healy ban)

groundscrapers

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Buying a PCC lower only on a 4473 simply because its a deal and you want to hold onto it for a rainy day before building it. Think it passes muster since it won't hit a fa-10 until built and could be built into a bolt action upper.
 

wmass

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Personally, I think PCC's are gtg. However, does she? Remember she declared an assault weapon receiver stripped or built to be a firearm and must be reg'd.
 

groundscrapers

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Personally, I think PCC's are gtg. However, does she? Remember she declared an assault weapon receiver stripped or built to be a firearm and must be reg'd.

I didn't catch that declaration. Can you shoot me a link to where she said that? I get 4473'd because thats federal law but that doesn't jive with state law as its written.
 

groundscrapers

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Nevermind... I found it myself....


Q: Does the Enforcement Notice affect the legality of the sale of receivers for Assault Weapons if the gun is not built out?

Yes. If the receiver is for a weapon that would meet one of the tests described above, it will be treated as an Assault Weapon and it cannot be sold in Massachusetts.
 
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The AGs opinion on lowers in unlikely to stand in the face of law and precedent that establish that they are not firearms.

That being said, I only know of one dealer in MA who has the balls to transfer lowers based on the law, rather than the edict. And no, I am not releasing that name unless I know you really, really well.
 

drgrant

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Buying a PCC lower only on a 4473 simply because its a deal and you want to hold onto it for a rainy day before building it. Think it passes muster since it won't hit a fa-10 until built and could be built into a bolt action upper.

The reality for the rest of the world is healy's BS is meaningless, so, do whatever you would have done normally.

-Mike
 

bigblue

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If a lower isn't a firearm in 49 other states, what stops you from buying one in South Dakota and transporting the chunk of metal to MA?
 
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Per federal law a lower (receiver) IS a firearm. Its only under MA law that the receiver is not a firearms until it can function (fire a shot). I believe there is also some rule at the federal level about a receiver needs to be transferred though a dealer within your state of residence, similar to how it works for hand guns.
 

kalash

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If a lower isn't a firearm in 49 other states, what stops you from buying one in South Dakota and transporting the chunk of metal to MA?
Private party that might work but at a dealer you still need a 4473 regardless of what state you're in. Remember, it's a FEDERAL firearms license so the holder has to follow FEDERAL law, not just state.
 

bigblue

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Private party that might work but at a dealer you still need a 4473 regardless of what state you're in. Remember, it's a FEDERAL firearms license so the holder has to follow FEDERAL law, not just state.

But its a long gun not a pistol so is it not much easier to purchase out of state and bring back.
 
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If a lower isn't a firearm in 49 other states, what stops you from buying one in South Dakota and transporting the chunk of metal to MA?
Because lowers can be either rifle or pistol, the atf has ordered (?) They can only be transferred in a state of residence.

Sent from my SM-G900V using Tapatalk
 
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Because lowers can be either rifle or pistol, the atf has ordered (?) They can only be transferred in a state of residence.

Sent from my SM-G900V using Tapatalk
It is not because they can be a rifle or pistol, but because they are not a rifle or shotgun. Subtle difference, but it also is used to justify the in state only restriction on stripped receivers that cannot be built into anything but a rifle (think Armalite AR50 lower)
 

JAD

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But its a long gun not a pistol so is it not much easier to purchase out of state and bring back.
(1) A receiver, even if it can only be built as a rifle or shotgun, is simply a firearm. It is not a rifle or shotgun.
(2) As a firearm, it can only be transferred in the transferee's state of residence. Only rifles or shotguns may be transferred out of state.
(3) Even if it could be transferred out of state (e.g. as a complete firearm) the transfer must comply with the laws of the state where the transfer is occurring and of the transferee's state of residence. The FFL seller (since an out of state transfer like that requires an FFL) is considered by ATF to have knowledge of any/all applicable laws/regulations in the transferees state of residence and his state. [That's why some dealers are so averse to selling to out of state residents, even when legal]. If ATF where to look into the transfer and determine that a violation occurred, they could prosecute both the transferor and transferee.
 
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Only rifles or shotguns may be transferred out of state.
Years ago, the 4473 had two checkboxes: Pistol/Revolver and Rifle/Shotgun/Long Gun. (not exact wording, but the idea is correct). Back then the dealer figured out if it was handgun or long gun receiver and assigned it to one of those two boxes, and long gun receivers were find out of state.'

The ATF changed it to three boxes, with a third "frame/receiver" which is not considered a long gun, and therefore, not legal for out of state purchase.
 
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bigblue

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Years ago, the 4473 had two checkboxes: Pistol/Revolger and Rifle/Shotgun/Long Gun. (not exact wording, but the idea is correct). Back then the dealer figured out if it was handgun or long gun receiver and assigned it to one of those two boxes, and long gun receivers were find out of state.'

The ATF changed it to three boxes, with a third "frame/receiver" which is not considered a long gun, and therefore, not legal for out of state purchase.


Thank you. Didn't think I was completely insane. Yet.
 
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Thank you. Didn't think I was completely insane. Yet.
I had a conversation with a dealer in another state recently about some aspects of MA gun law.

I started by saying "if it makes sense to you at the end of our conversation, I have failed at explaining it to you".
 
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