Bare Receivers

[ExecDirector]

The buying and selling of bare/stripped receivers is quite common, especially AR types. Folks actually enjoy building up their own weapons and there is a certain pride in doing so. The receivers are already marked and are bought and sold as controlled items (firearms). Generally, an individual is under no requirement to "re-mark" the receiver after such build out. However, manufacturers and importers ARE. This is something that is often overlooked or poorly understood.

If you are a manufacturer or importer and you build up a stripped receiver for sale, you need to mark the weapon, at the very least, with your name and location. You can go through the arduous process of seeking a marking variance, if you so desire. Please refer to this document for the specifics of what is going on and how to do it:
https://www.atf.gov/sites/default/files/assets/pdf-files/atf-ruling-2013-3-adopting-identification-on-firearms.pdf

[jason8844]

Generally, an individual is under no requirement to "re-mark" the receiver after such build out.


Generally? Is there a case where one would need to? I have a few stripped lowers in my safe that I will do builds on one day. I do not plan on making them SBRs, so I did not think I would need to engrave them like I do on my SBRs. Is there a scenario where I would need to?

[ExecDirector]

If you, as an individual, become a sole proprietor 07 FFL you would need to mark a build, regardless of Title I or II status. From the information I have right now (you are not an FFL), there would be no reason under current regulations for you to mark a stripped receiver with your own information for a Title I build.

[sillycon]

Because I'm a licensed 07 as an SP, if I build a lower that was 4473'd to me personally, I have to remark it?

Ugh.

[ExecDirector]

That would be a matter of opinion. If it has been 4473'd to you, it is not the "property" of the 07 and would not need to be marked if you, the person, built it up. But some IOI's and agents *might* take the position that you the individual and you the SP 07 are one and the same and thus pitch a fit if there was not a marking. I would tend to err on the side of conservative caution and mark the receiver in such a case.

[sillycon]

That would be a matter of opinion. If it has been 4473'd to you, it is not the "property" of the 07 and would not need to be marked if you, the person, built it up. But some IOI's and agents *might* take the position that you the individual and you the SP 07 are one and the same and thus pitch a fit if there was not a marking. I would tend to err on the side of conservative caution and mark the receiver in such a case.

With that interpretation, if an SP-07 had a receiver in personal (4473'd) possession and assembled it at home (or any place not the licensed premise for the business), they would be in violation as well -- no?

Additionally, that would suggest that were an SP-07 at a shooting match and had trigger parts go bad on a personal AR-15, they couldn't legally switch them out even though every other non SP-07 competitor could (or do a barrel swap at a belt-fed match, etc. etc.).

That would also likely extend to helping out a fellow competitor for no charge (e.g. you're intending the act as an individual and not as an FFL holder).

In all seriousness, where does the crazy stop?

[jason8844]

SillyCon,
Where does the crazy stop?

That is an easy one. It stops when there are so many laws in various jurisdictions, so many vague, constantly changing regulations, required permits, licenses, registrations, taxes and audits that compliance with them is virtually impossible and the penality for non-compliance so strict and harsh that no one will attempt it in the first place.

That way, they never restricted your right to keep and bear arms, you just decide it is not worth your time, money or risk of punishment for accidental non-compliance.

I hope that cleared things up for you.

[jason8844]

From the information I have right now (you are not an FFL), there would be no reason under current regulations for you to mark a stripped receiver with your own information for a Title I build.

No, I am not an FFL. I have thought about the idea of getting one to open a side business for people looking for transfers from out of state or locals wanting an FFL for private transfers.

[ExecDirector]

The regs are absolutely convoluted and confusing. To the point where it is nearly impossible for IOI's and other field agents to reliably parse the difference between regulation and guidance. Add to the mix the various state and local regs and it turns into a MCF in a heart beat.

As to getting an FFL these days, my advice is always this: Make certain that you 1) are doing this as a money making enterprise (not a hobby), 2) love paperwork, 3) can deal with a constantly changing set of regulation interpretations and 4) actually *can* do it per the zoning/HOA/deed restrictions in your area.