View Full Version : FFL's now only logging stripped lowers as "pistols" in Illinois?
My FFL called me today to let me know that a stripped lower receiver that I had ordered, was in. I have bought several stripped lowers through him over the last several years, with the last, being about a month ago. Anyway, he said, now, per the ATF's recent direction, he must log all AR15 stripped lowers as pistols, from now on, and go by Illinois' extended waiting period for handguns. I would assume this direction, or change, is a result of the possibility of someone building a pistol out of a lower, that was purchased, and was not subject to the extended handgun waiting period. Interesting. He confirmed that the agent/representative did advise that there was no isssue with building such a lower as a rifle, though. Just though this was odd, anyone else hearing this?
More Illinois BullSh1t.
I'm leaving this place of tyranny real soon. Crooked politics, which are controlled by liberal tyrannical dictating motherfuc6ers. I keep hearing mag restrictions are coming down the line soon too. How much are you being charged to transfer lowers? and where?
Here are ATF notices: http://www.atf.gov/regulations-rulings/rulemakings/ and http://www.atf.gov/regulations-rulings/rulings/ and newsletter http://www.atf.gov/publications/newsletters/
It's either Illinois state law or ATF agents making up stuff as they go along (happens way more than you probably think).
I would contact ATF if possible and look at other sources. I think it's BS especially since BATFE just recently made a point to emphasize on the 4473 Handgun, Long gun or Other (and other is clearly spelled it in the instructions).
This could be some dealer simply making his own rules, misunderstanding something or a change to state law.
I would contact ATF if possible and look at other sources. I think it's BS especially since BATFE just recently made a point to emphasize on the 4473 Handgun, Long gun or Other (and other is clearly spelled it in the instructions).
This could be some dealer simply making his own rules, misunderstanding something or a change to state law.
Well, I guess it really doesn't affect the outcome of what I build either way, really. Its just strange.
In ILLINOIS, there is a waiting period of 1 day for long guns, and 3 days for concealable weapons (handguns). The above information was relayed to me by the FFL holder, from communication that he had with the BATFE, recently, to my understanding. I assume it is because of a "loophole" that has been brought to light, that would allow someone to buy, build, and possess a "pistol", in less than the required 3 day waiting period. I am not talking about a nationwide effect, here.
Not sure about Iraqgunz but I was only commenting because in my experience the ATF is only concerned about federal issues.
Not sure about Iraqgunz but I was only commenting because in my experience the ATF is only concerned about federal issues.
Yes, BATFE's primary concern is at the fed level. But, as a holder of an FFL in Illinois, licensees are required to abide by laws and regulations of their state of business. BATFE advises and regulates licensees, at the state level, as well enforcing the federal laws. BATFE personel do regular inspections and audits, looking at federal, state, and local level regulations, at FFL locations quite regularly, here in Illinois, at least.
ETA: Yes. I agree, this topic appears to be a result of IL state law, and not a federal level change, from what I can determine.
-.- I should've been more clear: in my experience the ATF is completely oblivious of local laws and gives conflicting, borderline negligent, directions on that topic. Regardless, it sounds like a state issue, which sucks.
PA did that exact BS about 2 years ago. you try running a search at the site below as to why and why they stopped b/c I can't remember off the top of my head.
http://forum.pafoa.org/
superr.stu
03-23-11, 06:18
Hmmm, I picked up a lower about 2 weeks ago and my shop didn't say anything about it. Granted we're just a bunch of crazy rednecks south of I-80. I'm going to have to ask my FFL on this one, but without further information I'd be willing to say someone is making stuff up on the fly.
Op: as far as transfers go. The shop I go do down in C-U flat rates all firearms at $35 I believe. The regulars and shooting club members pay a little lower I think.
I live in Florida and recently bought a stripped lower. I was going to buy through my friend who owns a shop in Georgia, but he told me that stripped lowers are now classified as 'other' by the ATF (according to the agent he contacted) and therefore he could not sell it to me since I'm a resident of another state. When I ended up buying one from a shop in Florida I heard the shop owner call it in as a long gun though, so I'm not sure what's going on with them.
The person in Georgia was right and the guy in Florida was wrong. It is clearly spelled out on the 4473 under Block 18. It is my understanding the requirement has been there, but dealers were screwing up which is why BATFE brought it up again.
I live in Florida and recently bought a stripped lower. I was going to buy through my friend who owns a shop in Georgia, but he told me that stripped lowers are now classified as 'other' by the ATF (according to the agent he contacted) and therefore he could not sell it to me since I'm a resident of another state. When I ended up buying one from a shop in Florida I heard the shop owner call it in as a long gun though, so I'm not sure what's going on with them.
The person in Georgia was right and the guy in Florida was wrong. It is clearly spelled out on the 4473 under Block 18. It is my understanding the requirement has been there, but dealers were screwing up which is why BATFE brought it up again.
Thanks for clearing that up IG. I've been wondering which way it was supposed to be.
ETA: I pulled up a PDF of 4473 and you're absolutely right (not that that was ever in question), but it's plain as day on the form.
I heard the same thing from a local gun shop, but he said he heard it from an ATF agent when he called to ask them a few questions, but then called again to talk to another who told him they didn't need to be.
Thanks for clearing things up IG.
Stripped recievers hae always been classified as other since 1968.
Dealers who mark them down as rifle or handgun were not complying with the law and the ATF had to bring it up in the past few years.
No change in the law happened.
A non NFA firearm can be:
1. Rifle
2. Shotgun
3. Handgun
4. Other
What falls in the other category? Here are some examples:
1. Stripped receivers to any firearm. A 1911 frame is not a pistol, it is an other.
2. Semi auto belt feed 1919s with no stock.
3. Shotguns with barrels over 18" and no stock.
4. Thompson Center Encores with muzzleloading barrels. These are not rifles because they don't fire fixed ammuntion and the receiver can accept a rifle or shotgun barrel therefore it is an other.
No change in the law happened.
A non NFA firearm can be:
1. Rifle
2. Shotgun
3. Handgun
4. Other
This is correct.
Now the question is what your state considers "other" to be for their waiting period. This may have changed, or your dealer realized he used to do it wrong.
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