"Trading" An AR Lower

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I recently bought a stripped AR lower from a gun store, and brought it home to show my stepfather. We were looking it over and he noted that the serial number had some personal significance to him, and he said he might be interested in building his own AR when I do mine. I told him that if he wanted to build one, he should buy the same lower I got and we could trade them so he can have the serial he'd prefer. Do I have to do anything as far as paperwork to trade these 2 like items with different serial numbers or can we just swap them and fill out the MA forms when the rifles are built? I think this is a pretty simple thing, but I haven't sold/traded/transferred any guns until now.
 
There's some debate around whether or not an FA-10 is legally required when transferring a lower. By the letter of the law it's not a "firearm" according to the MA definition and therefore the transfer doesn't need to be reported on an FA-10.

The actual letter of the law is often "interpreted" with wide latitude here though, so be careful.

In almost any other state you'd just trade and go about your business.

M.G.L. c. 140 said:
“Firearm”, a pistol, revolver or other weapon of any description, loaded or unloaded, from which a shot or bullet can be discharged and of which the length of the barrel or barrels is less than 16 inches or 18 inches in the case of a shotgun as originally manufactured; provided, however, that the term firearm shall not include any weapon that is: (i) constructed in a shape that does not resemble a handgun, short-barreled rifle or short-barreled shotgun including, but not limited to, covert weapons that resemble key-chains, pens, cigarette-lighters or cigarette-packages; or (ii) not detectable as a weapon or potential weapon by x-ray machines commonly used at airports or walk- through metal detectors.
 
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Did the FFL transfer it to you via FA-10?

If not (the right way), just trade lowers. No FA-10 is required, as it's not a "rifle".

If so (the wrong way), I would wait until both are completed, file the obligatory FA-10 "registration", and then transfer them contemporaneously via FA-10.
 
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Did the FFL transfer it to you via FA-10?

If not (the right way), just trade lowers. No FA-10 is required, as it's not a "rifle".

If so (the wrong way), I would wait until both are completed, and transfer them contemporaneously via FA-10.

No, it's not been on an FA-10 yet. It was and is my understanding that I don't fill out an FA-10 until the rifle is assembled.
 
No, it's not been on an FA-10 yet. It was and is my understanding that I don't fill out an FA-10 until the rifle is assembled.

You're correct, but many FFLs unnecessarily file a FA-10 when transferring lowers.

Since the FFL transferred it correctly (no FA-10), I would just trade lowers.
 
Confession to what? It's simply doesn't meet the Mass definition of a firearm, rifle or shotgun. If you were to attempt to file an FA-10 for a stripped lower, what would you enter for the caliber or barrel length? TBD? And would it be a rifle or a pistol, since it could end up either depending on what you eventually do with it.

Ken
 
Confession to what? It's simply doesn't meet the Mass definition of a firearm, rifle or shotgun. If you were to attempt to file an FA-10 for a stripped lower, what would you enter for the caliber or barrel length? TBD? And would it be a rifle or a pistol, since it could end up either depending on what you eventually do with it.

Ken
Not that it will happen, but what if the stepdad completes a rifle using your lower, fails to FA10 it and decides to hold up a 711 with it. He suceeds and throws the gun into a dumpster on the way home. The PD finds the gun, has ATF run a trace by the S/N from the mfr to the distributer to the dealer and then to you. You would have some 'splaining to do. Jack.
 
jhagberg88 said:
when you buy a stripped lower in the store do they do paperwork on it or just right it up?

They all do federal paperwork. Some (mistakenly in my opinion) also do state paperwork.
 
Not that it will happen, but what if the stepdad completes a rifle using your lower, fails to FA10 it and decides to hold up a 711 with it. He suceeds and throws the gun into a dumpster on the way home. The PD finds the gun, has ATF run a trace by the S/N from the mfr to the distributer to the dealer and then to you. You would have some 'splaining to do. Jack.

This is what a signed bill of sale is for. Its between you and the buyer, not to be shared with anyone unless it is required by you or the buyer.

And yes, you would have some explaining to do. But thats not a big deal. It happens ALL THE TIME. Remember that in most of this great country NO RECORD of any kind is required to be made of transfers between non-licensees for any firearm transfers other than NFA stuff. So following the trail of ownership is a common thing for ATF investigators. Its just what they have to do.
 
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