Building AR Rifles and Selling Firearms: Navigating the Complexities of Gun Laws

Is a lower receiver already considered a firearm? And can I privately sell a completed AR rifle to myself at 18 years old? These are some of the questions that may come to mind when discussing the assembly and sale of firearms. In this article, we will explore the intricacies of gun laws, focusing on the Ar/15 M/16 AR-10 and other firearms. We will also provide a breakdown of relevant laws in Pennsylvania and discuss the specifics of building and selling firearms.

Understanding Lower Receivers as Firearms

A lower receiver, by itself, is already considered a firearm. This might seem surprising, but it is essential to understand this fact when discussing the assembly and sale of AR rifles. The lower receiver is the base component that holds the internal parts of the firearm and can be used as a receiver for various upper receivers and barrels.

However, whether you can privately sell a completed AR rifle to yourself can be more complicated. While you don't need permission to build a firearm, certain regulations govern its sale or transfer. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) views assembling a firearm from parts as "manufacturing," which requires a Federal Firearms License (FFL).

Building and Selling AR Rifles

Building an AR rifle from parts, such as a lower receiver, is allowed, but selling it requires additional steps. Take this scenario: if you build your AR rifle and then sell it to an 18-year-old, it can lead to complications due to the legal status of the firearm. The BATFE generally considers this to be manufacturing, which necessitates an FFL.

Here's a practical example: if you build a rifle from parts and then go to a gunsmith and have them "smith" the firearm, it would still be considered manufacturing, leading to the requirement of an FFL. This can be confusing, as the BATFE has specific rules around this process that seem to contradict each other.

Legal Considerations: BATFE and State Laws

While building a firearm from parts is generally allowed, selling a firearm is subject to stricter regulations. The BATFE stipulates that assembling a firearm from parts is considered manufacturing and requires an FFL. This may sound counterintuitive, but the reasoning behind it involves extensive legal and security measures to prevent unlicensed individuals from manufacturing firearms.

From a legal perspective, you can sell the completed rifle to an 18-year-old, but the process is complex. If you are unsure, it's advisable to consult a legal expert or seek additional guidance. For example, if you build the lower receiver and then give the rifle as a gift to a child, no paperwork is required. However, if you plan to sell a firearm to anyone, an FFL is still necessary.

State-Law Considerations: Pennsylvania

In Pennsylvania, the laws regarding firearm transfers are specific and vary based on the type of firearm being transferred. Here's a breakdown of the relevant laws:

Long Guns: Long guns (rifles and shotguns) can be transferred without any paperwork. You can gift a long gun to a friend, spouse, or family member without any paperwork, as long as the recipient is not prohibited from possessing firearms. For example, you can give a shotgun to your friend Bobby as a Christmas gift. Handguns: Transfer of handguns generally requires an FFL. However, there are exceptions for transfers between family members. For instance, you can give a handgun to your spouse or family member without an FFL, but you must go through an FFL to gift a handgun to a friend or non-family member.

When it comes to transferring a stripped lower receiver, it is marked as a "firearm" on the ATF 4473 form. It remains a "firearm" until you go to sell it. If you build a rifle from the lower receiver and sell it, you must have an FFL and complete the necessary paperwork. If you assemble a handgun, it will be registered as a "handgun."

It's crucial to stay informed about changes in state laws, as they can be complex and rapidly changing. The BATFE frequently updates its regulations, and homogenous guidelines at a federal level can be inconsistent with state laws. This is why it's essential to understand the specific laws in your state, such as Pennsylvania.

Conclusion

Building AR rifles from lower receivers is allowed as a hobby, but the legal complexities involved in selling firearms should not be underestimated. Understanding the intricate interplay between federal and state laws can help prevent legal issues and ensure compliance. Always consult with a legal expert if you have any doubts about the legality of your actions.

In summary, while you can build an AR rifle from parts, selling it requires careful consideration of both federal and state laws. Always stay informed about the latest regulations and consult a legal expert to ensure compliance.