Questions about purchasing AR Lower,,,that friend was told he couldnt do

[JamieZ]

I have a young friend who I have spoken about before. He is 19 and is going to school to be a DEC officer. In the summer I took him chuck hunting,,,only rifle he had was a 22 single shot with iron sights, it was handed down to him by his grandpa. It had piss poor aim,,,so I let him use my 204. Couple weeks went by and I told him about a cheap gun he should purchase,,,even know he wanted an AR but couldnt afford it yet because he wants a good one...Told him to buy the Savage 17wsm, so he did.

Well now he has the money to buy a lower,,,he went to the Firing pin in Bergen because he found out they had them in stock. I said cool... He just went to purchase it and they told him no because he is not 21 and could be making it into a pistol. I said that sounds kind of like BS to me.

Is that bullshit or is this the law?

 

[meketrefe]

BS.

 

[ManrisFrack]

I've heard of this before. A stripped lower is classified as "Other" so it has the age restriction.

If a friend that's of age built an AR-15 that was exactly like his dream gun and then the friend's wife made him sell it because he's already blown his gun budget for the next decade... that would be okay because that would be classified as a "Rifle." At least that's how I understand it.

 

[GUNSICK]

21 for a lower and 18 for a complete rifle.

 

[Gunright]

You must be 21 for an FFL transferred "Other" .

Options: 1) Buy a completed rifle 2) Have your parent buy it, it is legal for a parent to transfer to a child.

 

[capitalcrew]

It's legit.

 

[Saltwater60]

Makes sense to me.

 

[dsdmmat]

It is the law, since a stopped lower has to be transferred as an "other" the legal age to purchase one is 21.

 

[togmaster]

21 for a lower and 18 for a complete rifle.

This

 

[cgrutt]

Sucks but on the bright side, he could join the Marines and have one issued to him for free...

/jk

Agree with what's already been said above.

 

[Marine Cpl]

Sucks but on the bright side, he could join the Marines and have one issued to him for free...

/jk

Agree with what's already been said above.

Or buy it complete but not in pieces.

 

[JamieZ]

Yeah we ended up finding out its the law. He called Beikirchs and they told him the same thing. Thanks Guys..............

 

[stuck in ny]

Couldn't he just have the ffl assemble the rifle so its no longer "other"?

 

[Eddie Gunks]

Couldn't he just have the ffl assemble the rifle so its no longer "other"?

Technically that would be manufacturing. An 01 ffl is not a manufacturer. An 07 is.

So, legally, no.

 

[Blimey]

I would have thought that wasn't true. Learn something every day. Spectacular example of a stupid law. Can't buy part of a gun until you're 21, but if you want the entire thing? 18!

 

[NY Leatherneck]

Buy an 80% and make it himself.

 

[JamieZ]

As of this morning,,,my text to him was to have his father buy it and transfer it to him,,,,thats what he plans on doing

 

[stuck in ny]

As of this morning,,,my text to him was to have his father buy it and transfer it to him,,,,thats what he plans on doing

Make sure you don't say anything "straw purchase".
FUAC FUATF FU1968GCA!

 

[GOYABEAN]

As of this morning,,,my text to him was to have his father buy it and transfer it to him,,,,thats what he plans on doing

Has he seen the featureless one's from stag arms AR15 Featureless Rifles | Stag Arms a little pricey

New Product Showcase - Stag Arms LLC

 

[JamieZ]

Has he seen the featureless one's from stag arms AR15 Featureless Rifles | Stag Arms a little pricey

New Product Showcase - Stag Arms LLC

Nice for some but personally think that thing is fugly

 

[GOYABEAN]

Nice for some but personally think that thing is fugly

Yeah but at least there's options

 

[stuck in ny]

Nice for some but personally think that thing is fugly

Spur with Pat Henry TG is the way to go. Your hand is in the right place to actuate the saftey selector and hit the mag release.

 

[JamieZ]

Make sure you don't say anything "straw purchase".
FUAC FUATF FU1968GCA!

I told him what you said but cant believe that would be illegal,,,,when he is legally able to give it to him without a background check

 

[JamieZ]

He wants to be able to change mags,,,,I hunt with my 3 and could give a rats ass about changing the mag,,,I like them built the way they are suppose to be built. All mine have dedicated 5rd mags

 

[GOYABEAN]

I told him what you said but cant believe that would be illegal,,,,when he is legally able to give it to him without a background check

 

[stuck in ny]

View attachment 8190

Perhaps it would be smart to have the mods delete this thread.

 

[JamieZ]

View attachment 8190

The pin heads have no idea who I'm talking about,,,,,,,,I have many neighbors

 

[dwa12479]

I told him what you said but cant believe that would be illegal,,,,when he is legally able to give it to him without a background check

If the father buys the lower as a legitimate GIFT and transfers it, then everything is fine. If he plans on paying his Dad back for the lower, then it's a straw purchase. So maybe a few extra house chores are in order this month.

Abramski v. United States - SCOTUSblog

Question 11.a. Actual Transferee/Buyer:
For purposes of this form, a person is
the actual transferee/buyer if he/she is purchasing the firearm for him/herself or
otherwise acquiring the firearm for him/herself.
(e.g., redeeming the firearm from
pawn, retrieving it from consignment, firearm raffle winner)
. A person is also the
actual transferee/buyer if he/she is legitimately purchasing the firearm as a bona
fide gift for a third party. A gift is not bona fide if another person offered or gave
the person completing this form money, service(s), or item(s) of value to acquire
the firearm for him/her, or if the other person is prohibited by law from receiving
or possessing the firearm

 

[Marine Cpl]

It isn't a straw purchase if a second party gets a BGC. However, father's are allowed to gift to their children.

 

[dsdmmat]

It isn't a straw purchase if a second party gets a BGC. However, father's are allowed to gift to their children.

There was a case where a Officer (not sure if he was regular police officer or a corrections officer) was convicted of a straw purchase for buying his uncle a pistol with his LE discount, both men went through a background check. The officer was still convicted (I believe wrongly) because he bought the pistol at a discount price that the uncle was not entitled to.

Parents to children (and vice versa) can transfer a gun legally without any sort of BG check in NY (as is the case in most states) and according to federal law.