Ar lower in PA

[junkmanted 54]

I was in a shop in PA, I go to a lot and the owner told me he cant sell AR rifle lowers to NJ residents,  he needs to send it to a NJ dealer . He said its a NJ law.

I know I dont know everything on NJ gun laws but this was new to me ..

 

[sof 0]

Totally true, if by can't sell you mean you don't get to walk out with it. the transfer through an Jersey FFL works just like with a pistol only without the p2p so there is a NICS. The serial number is on the lower receiver therefore it is the gun. ALL other parts are good to go.

[jeff47 30]

I've heard that they've starting doing this because a lower can be transferred as either a Rifle or a Pistol.  However I can't see why you cant just have him transfer it to you as a rifle and that's it, the type should be right on the transfer form if I'm not mistaken.  I'm sure someone will happen along with more information as I don't remember all of the details but I hope this helps.

[junkmanted 54]

im not looking for one ,, just wondering about the law

[intercooler 41]

it is because it is considered "other" ...only long arms can be bought by an Nj resident out of state

[MidwestPX 172]

It's not a NJ law, it's a federal law.  While he can sell it to you, it would have to be transferred by an FFL in the state in which you are a resident.  On the 4473, receivers, no matter what condition (stripped, with partial LPK, or complete with stock), are transferred as "Other" which an FFL can only transfer to a buyer at least twenty one years of age and a resident of the same state.

[samtechlan 23]

It's not a NJ law, it's a federal law.  While he can sell it to you, it would have to be transferred by an FFL in the state in which you are a resident.  On the 4473, receivers, no matter what condition (stripped, with partial LPK, or complete with stock), are transferred as "Other" which an FFL can only transfer to a buyer at least twenty one years of age and a resident of the same state.

What if the shop in PA has a complete lower with stock and you send them your complete upper and they put it together before transferring it to you?  At that point aren't they transferring a complete rifle to you?  

[halbautomatisch 60]

What if the shop in PA has a complete lower with stock and you send them your complete upper and they put it together before transferring it to you?  At that point aren't they transferring a complete rifle to you?  

Then federal excise tax kicks in..........complete guns have this built into the price from the factory, gun parts do not - part of the reason it's cheaper to build your own AR from parts then buy one complete. The dealer would then need to collect the excise tax, most are not set up to do so.

[samtechlan 23]

Then federal excise tax kicks in..........complete guns have this built into the price from the factory, gun parts do not - part of the reason it's cheaper to build your own AR from parts then buy one complete. The dealer would then need to collect the excise tax, most are not set up to do so.

I understand but aside from the tax issue the transfer would then be legal.  This is an important issue for me at this moment because I have an upper at an FFL in PA who is pinning the muzzle brake and removing the bayo lug to make it nj compliant.  I am also looking to buy a complete lower on Black Friday that I plan to have sent to him for the pinning of the stock and the transfer. 

[Arbelest 29]

It's not a NJ law, it's a federal law.  While he can sell it to you, it would have to be transferred by an FFL in the state in which you are a resident.  On the 4473, receivers, no matter what condition (stripped, with partial LPK, or complete with stock), are transferred as "Other" which an FFL can only transfer to a buyer at least twenty one years of age and a resident of the same state.

 

sigh... I can't build a complete AR till I turn 21 and at that point I will be buying pistols every month until my money or wish list runs out.

[halbautomatisch 60]

I understand but aside from the tax issue the transfer would then be legal.  This is an important issue for me at this moment because I have an upper at an FFL in PA who is pinning the muzzle brake and removing the bayo lug to make it nj compliant.  I am also looking to buy a complete lower on Black Friday that I plan to have sent to him for the pinning of the stock and the transfer. 

It would be legal for him to transfer it to you according to ATF regs on what type of firearms can be transferred to out of state residents. But, if he understands the excise tax issue he probably won't want to do the transfer, so you should ask him before you get the receiver sent there..........

[halbautomatisch 60]

sigh... I can't build a complete AR till I turn 21 and at that point I will be buying pistols every month until my money or wish list runs out.

I would think you could buy an AR receiver from a non licensed NJ resident. You would only need a valid FPID card and fill out a COE. ATF regs on 21+ for receiver purchase only applies to licensed dealers.

[Arbelest 29]

That is true I could do a private transfer but how many people really sell their lowers? I catch a couple on the market place here and there and their in NNJ usually and not worth it at that point in my opinion.  Nothing wrong with NNJ, I just would rather not deal with the traffic.

[halbautomatisch 60]

Well, you just need to convince one of your buddies that they don't want one they have anymore.

[Underdog 1,593]

Does an AR Lower purchase in NJ use a permit?  Does it count with the 30-day rule?

[MidwestPX 172]

What if the shop in PA has a complete lower with stock and you send them your complete upper and they put it together before transferring it to you?  At that point aren't they transferring a complete rifle to you?

The FFL would have to be careful about doing that because turning a receiver into a rifle is a manufacturing activity and 01 FFLs aren't supposed to engage in manufacturing as a regular business activity. On top of that, as mentioned, excise tax would be due if the FFL manufactures 50 or more firearms per year.

[njpilot 671]

Does an AR Lower purchase in NJ use a permit?  Does it count with the 30-day rule?

no permit, no 30 day rule. Not a handgun.