Question about my LGS handling my lower...

skippz · 11-15-2012, 11:23

Hey guys I recently ordered another lower from the Internet (spikes tactical) and it just so happened that the site had a gun shop I'd been to a few times already on file so my wife (christmas gift) didn't have to go thru all the faxing, calling, etc. now I've only been in this place a few times, so they don't know me, but I called them earlier to check and they said my lower was there, then the guy asks if this is for an SBR build... Now this is only the second lower I've had shipped to an ffl, but the other gun shop did not ask... Anyway I told the guy "No, it isn't, why do you ask?". He says the lower has SBR written on it?!?... I told him that it wasn't for an SBR, and that standard and short-barreled uppers use the same receivers anyway... What's up with this?

***Travclem*** · 11-15-2012, 11:35

I think it is just the first 3 letters of the serial number? If it isn't registered with the ATF as an SBR, it isn't an SBR. The gun shop would know if they had a registered SBR lower shipped to them. The gun shop guy guy sounds a little incompetent to me.

To Quote a Spikes rep on the Spikes forum:
"Not an SBR. We were looking to use them as SBR only lowers, but never booked them as such because demand for standard rifle lowers is too high."

skippz · 11-15-2012, 11:46

Right, that's what I thought... I didn't know that was on the serial # though... But it's just the lower, and it's factory new, so it would seem they would know better... I donno, thanks for your help though

bigmoney890 · 11-15-2012, 12:02

My serial number starts with SAR, not SBR.

***Travclem*** · 11-15-2012, 12:04

Quote:

Originally Posted by bigmoney890

My serial number starts with SAR, not SBR.

Great!

skippz · 11-15-2012, 12:09

I guess my real concern is when my wife goes to pick this thing up & her background check is good & all, could they deny her the transfer based on suspicion? Shoot... She will be confused, I should probably just go pick it up myself lol

bigmoney890 · 11-15-2012, 12:12

Quote:

Originally Posted by skippz

I guess my real concern is when my wife goes to pick this thing up & her background check is good & all, could they deny her the transfer based on suspicion? Shoot... She will be confused, I should probably just go pick it up myself lol

I doubt they can. Just make sure whoever has their name on the order picks it up.

***Travclem*** · 11-15-2012, 12:13

No. There should be no suspicion, talk to someone competent. They will know if they have had an SBR transferred to them on a form3.

LA_357SIG · 11-15-2012, 12:51

If you ordered the lower, and your wife picks it up (fills out the 4473) she would have to check "no" on 11a. Or would she?

ETA: It would be no problem if she ordered the lower from Spikes and paid for it herself, and transferred it to a non-prohibited 3rd party as a gift. But since He ordered it, wouldn't he have to fill out the paperwork and do a background check? I know every time I ordered a firearm, my FFL checked my ID with the invoice to make sure it was "me" that the item is getting transferred to.

skippz · 11-15-2012, 13:12

She ordered it... So we may just go together when time allows

LA_357SIG · 11-15-2012, 13:19

Quote:

Originally Posted by skippz

She ordered it... So we may just go together when time allows

Oh. I was confused because your first sentence started with "I ordered a lower." Please disregard the above post.

And even if the lower was registered as a SBR, without a barrelled upper less than 16" the lower is not a SBR.

A stripped receiver without a barrel does not meet the definition of a SBR or SBS under the NFA. Although the previously registered firearm would remain registered unless the possessor notified the NFA Branch of the change, there is no provision in statute or regulation requiring registration of a firearm without a barrel because its physical characteristics would make it only a GCA “firearm” pursuant to 18 U.S.C. § 921(a)(3)(B). If the subsequent owner buys the receiver as a GCA firearm and installs a barrel less than 16 inches in length (SBR) or 18 inches in length (SBS), the firearm would be subject to a $200 making tax and registration under the NFA by the manufacturer or maker of the SBR or SBS. Because registration depends upon the stated intent of the applicant, there is no provision to allow registration of a NFA firearm by anyone other than the maker or manufacturer.

http://www.atf.gov/firearms/faq/nati...#receiver-sale

skippz · 11-15-2012, 15:54

Cool... Thanks everyone...

JBaird22 · 11-15-2012, 20:11

If you purchased the receiver only you can pick it up. Otherwise it's a straw purchase.