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Can I Buy a Preban lower out of the sate of MA?
- Thread starter reveille
- Start date
First: What dealer told you that?
Second: That is not true.
You can buy it (and use it with Pre-Ban pride), as long as it was a complete rifle made prior to Sept 13th 1993, you're good to go.
Second: That is not true.
You can buy it (and use it with Pre-Ban pride), as long as it was a complete rifle made prior to Sept 13th 1993, you're good to go.
If it's an AR rifle, no it's not true--you can buy it. Find a different FFL that knows the law.
If it's an AR pistol, the MA FFL is correct and they can not transfer it to you.
EDIT: and if it's neither apparently you're SOL
If it's an AR pistol, the MA FFL is correct and they can not transfer it to you.
EDIT: and if it's neither apparently you're SOL
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No you can NOT buy any gun RECEIVER out of state. BATFE put an end to that a couple of years ago. BATFE's new interpretation is that a Receiver is an "other" and is to be treated the same as a handgun (transfers only legal in new owner's state of residence).
If it is a complete gun, yes you can buy it from an FFL in any state as long as it is either pre-ban (9/13/1994) or MA AWB-compliant. [Pre-ban guns did NOT have to be in MA by any date, can freely be transfered into the state, etc.]
[The OP specifically said RECEIVER, but I'm trying to cover all bases.]
ETA: It is my understanding of the BATFE ruling that "just a lower" is NOT eligible for purchase from an FFL in another state. It would have to be transfered to a MA FFL for the transfer to a MA Resident.]
If it is a complete gun, yes you can buy it from an FFL in any state as long as it is either pre-ban (9/13/1994) or MA AWB-compliant. [Pre-ban guns did NOT have to be in MA by any date, can freely be transfered into the state, etc.]
[The OP specifically said RECEIVER, but I'm trying to cover all bases.]
ETA: It is my understanding of the BATFE ruling that "just a lower" is NOT eligible for purchase from an FFL in another state. It would have to be transfered to a MA FFL for the transfer to a MA Resident.]
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Why can't the WI FFL ship the receiver to the MA FFL? I thought that only applied to FTF or dealer purchases out of state.
Len, that's only for stripped lowers. Most preban lowers don't fall into that class unless the seller strips it down before sale, which most don't. As long as it has a stock on it, it's a rifle. I doubt that's what the OP is trying to do anyways, he's probably having it shipped to an inbound here, and that would effectively make the stripped lower thing moot anyways.
-Mike
It'll transit any MA FFL if you are inbounding it. If you are picking it up in person in WI, I would tak to the remote FFL out there and see how they will transfer it to you in person as you're a nonresident. IMO if it has a rifle buffer tube on it (and it was originally manufactured as a rifle lower, and likely built into a rifle at some point) it should transfer as a rifle.
-Mike
Jack covered it nicely.
Mike, I have been told by a dealer I trust (not in MA IIRC) that if it doesn't have a barrel on it, it must be "other" on the 4473 and thus no-go on NR over-the-counter transfers. Not being a dealer, I'll take his word on it and it's not worth my effort researching with BATFE Tech Branch.
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