Purchasing non-compliant upper only?

[Shocker 151]

This has probably been asked but I couldn't get the magic combination of keywords...

 

If only the lower receiver is the "gun", could I get a non-compliant upper shipped to me, have it NJ-neutered and then pair it to a lower at a later time?

 

I currently have no lowers in my possession at all so I wouldn't even have the option of assembling a complete rifle.

 

I'm asking because gunbroker has quite a few non-compliant uppers and the sellers frequently say they will not modify their items before shipment.

[JimmyAGR 54]

Well I think that legally you can, I personally wouldn't take a chance here in our police state. Do you plan on modifying it yourself? If not you can usually have it sent to a smith to have the work done. I have done this with an upper, then the upper was shipped to me. I already had lowers so I couldn't have the evil features. There are many smith's here and elsewhere that do that kind of work. Just my opinion.

[Tactical Monkey 51]

You could have it shipped directly to a gunsmith when you purchase it. Adco, PK90 (on the forums here), and others will take your non-compliant upper make it NJ legal and then ship it to you.

 

Or you could purchase an already NJ legal Upper from Spikes, Stag, BCM (depending on which one) and a few other I can't think of at the moment.

[kenw 293]

I believe a non-compliant upper would fall in to the "constructive possession" category, where you could conceivably build a non-compliant gun with the parts you have in your possession, which would then be illegal.

[Shocker 151]

I don't plan on modifying myself, just that since sellers don't require a FFL for shipping uppers I could save the FFL fee and hand-carry the item to my local 'smith.

 

I know there are a few OEMs that will do the modifications but they are typically 2x the price that I see on the auction sites.

[Tactical Monkey 51]

I don't plan on modifying myself, just that since sellers don't require a FFL for shipping uppers I could save the FFL fee and hand-carry the item to my local 'smith.

 

I know there are a few OEMs that will do the modifications but they are typically 2x the price that I see on the auction sites.

 

FFL fees do not apply when shipping just an Upper (at least they shouldn't). You can ship them anywhere to anyone. Only the lower of an AR15 requires an FFL

 

ETA: No one should charge a FFL fee with an Upper (Dealer, Gunbroker, Manufactorer, etc.)

[RecessedFilter 222]

What are you looking to do to it? And what makes it non-compliant?

[autoxnyc 4]

I had my non-compliant upper or parts shipped directly to Adco and have them do the work.

[Cylinder Head 22]

ship it to Armament Gunsmithing and have Lewis take care of it.

[Pizza Bob 1,488]

I believe a non-compliant upper would fall in to the "constructive possession" category, where you could conceivably build a non-compliant gun with the parts you have in your possession, which would then be illegal.

 

 

Ken:

 

I don't think there would be constructive possession unless he owned a lower. He stated that he does not, and as long as that is the case while he is in possession of the unmodified upper he should be good. IANAL, but I interpreted "constructive possession" as having all the necessary components, just not assembled. No lower, no constructive possession.

 

Adios,

 

Pizza Bob

[Pew Pew Plates 358]

I agree, without a lower he cant have constructive possesion. And without a lower, its not a gun hence can have all the evil things on it that he wants. I'de say go for it.