Age required to purchase stripped AR lower

[JerseyMike24 2]

Hey whats the age to purchase a stripped lower AR? (spikes tactical) If it is 21 do you need a pistol permit to do so? Thanks

[vjf915 456]

18 years old with FPID and matching drivers license. The same as if you were buying a built, functioning long gun.

[JerseyMike24 2]

okay i hope so. after reading online from other forums, there seems to be confusion with the ATF laws. I read since the stripped lower can possibly be turned into a pistol, you would need to be 21 to purchase. If the lower was assembled, it would be perfectly legal to buy for someone under 21.

 

"Since a stripped lower is NOT a long arm you must be 21 to purchase from an FFL".

 

What doesn't make sense is i am reading that you can sell a stripped lower privately to a person under 21 and that this law only applies to FFL's.

 

im confused.....

[jonny.montana 48]

18 years old with FPID and matching drivers license. The same as if you were buying a built, functioning long gun.

 

Sorry

 

This is incorrect... You need to be 21 years old in order to purchase a Lower because is not consider a rifle, it falls in the category of "others"

 

I'm telling you by experience. It happened to me.

[JerseyMike24 2]

okay so since its ordered, could my father who has a fid card do the transfer, assemble the rifle, then transfer it to me (im 20 and have a fid) it would be a long rifle by the transfer.

[jonny.montana 48]

Yep that's what you have to do.. or wait like I did until I was 21 then pick it up.

[JerseyMike24 2]

Yep that's what you have to do.. or wait like I did until I was 21 then pick it up.

damn how long did you wait until you were 21? I'd have to wait another 4.5 months.

[chris327 30]

Yea must be 21. Have your dad take it first, easiest way.

[JerseyMike24 2]

pistol permit not needed correct?

[e80hydro 120]

damn how long did you wait until you were 21? I'd have to wait another 4.5 months....

 

Im thinking ill just have my dad pick it up. Spikes tactical is back ordered anyways so in another month or so my dad can get it then transfer it to me.

In the context of United States federal gun laws, a straw purchase is defined as any purchase from a dealer holding a Federal Firearms License where the buyer conducting the transaction is acting as a proxy for another person.

[chris327 30]

No pp needed for a lower.

[PK90 3,573]

In the context of United States federal gun laws, a straw purchase is defined as any purchase from a dealer holding a Federal Firearms License where the buyer conducting the transaction is acting as a proxy for another person.

 

1. The above is true.

2. However, the OP can be gifted the receiver by his father.

3. But, the OP did announce on a public forum his intension to buy.

4. See #1.

[e80hydro 120]

But, the OP did announce on a public forum his intension to buy.

 

 

Bingo.

 

 

Only our government is allowed to straw purchase.

[JerseyMike24 2]

Canceled order of lower

[JackDaWack 2,895]

I think if his father purchases it to build it, then gifts it he would be fine. No one is going to bother a father and son doing a "straw purchase" if they legally transfer everything.

Not saying its the greatest idea, but i think they got bigger fish to fry.

[Dan 177]

Gifting it is fine. Purchasing it with the intention of gifting it is a "straw purchase" in the eyes of the law. If the father purchased the lower for himself, then a few months later decided he wanted to gift it, that is perfectly legal as his original purchase intent was buying it for himself.

 

Its all about context when it comes to "straw purchases".

[compujas 21]

What about the father purchasing the lower with the intent of building it into a rifle and selling it to his son with all the legal paperwork? How different would that be from anyone building custom rifles and selling them? As long as you fill out the proper paperwork and they are legally allowed to purchase/own it, what does it matter whether they can own the original parts? I realize it's probably a legal gray area (as is everything firearm related in NJ), but it shouldn't be. As long as you are allowed to own it, it shouldn't matter how quickly you turn it around. Straw purchases should only apply to selling to someone now allowed to own it, not purchasing something with the intention of giving it to them as a gift when they're allowed to have it.

[Malsua 1,422]

Gifting it is fine. Purchasing it with the intention of gifting it is a "straw purchase" in the eyes of the law. If the father purchased the lower for himself, then a few months later decided he wanted to gift it, that is perfectly legal as his original purchase intent was buying it for himself.

 

Its all about context when it comes to "straw purchases".

 

Dad can purchase it and gift it immediately there is no "cooling off" period. A gift is a gift. If son pays for it, dad takes possession then gifts it as a way to circumvent the age requirement on a lower, that's a straw purchase.

[Malsua 1,422]

What about the father purchasing the lower with the intent of building it into a rifle and selling it to his son with all the legal paperwork? How different would that be from anyone building custom rifles and selling them? As long as you fill out the proper paperwork and they are legally allowed to purchase/own it, what does it matter whether they can own the original parts? I realize it's probably a legal gray area (as is everything firearm related in NJ), but it shouldn't be. As long as you are allowed to own it, it shouldn't matter how quickly you turn it around.

 

If you are buying a gun with the intent to sell it, you are now a gun dealer. If you are not licensed to buy and sell guns, you are committing indictable offenses(felonies).

 

Straw purchases should only apply to selling to someone now allowed to own it, not purchasing something with the intention of giving it to them as a gift when they're allowed to have it.

 

What straw purchases should or should not be is not for you or I to determine. Here's what the ATF has to say about it.

 

http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

 

15. straw PURCHASES

Questions have arisen concerning the lawfulness of firearms purchases from licensees by persons who use a "straw purchaser" (another person) to acquire the firearms. Specifically, the actual buyer uses the straw purchaser to execute the Form 4473 purporting to show that the straw purchaser is the actual purchaser of the firearm. In some instances, a straw purchaser is used because the actual purchaser is prohibited from acquiring the firearm. That is to say, the actual purchaser is a felon or is within one of the other prohibited categories of persons who may not lawfully acquire firearms or is a resident of a State other than that in which the licensee's business premises is located. Because of his or her disability, the person uses a straw purchaser who is not prohibited from purchasing a firearm from the licensee.

 

In other instances, neither the straw purchaser nor the actual purchaser is prohibited from acquiring the firearm. In both instances, the straw purchaser violates Federal law by making false statements on Form 4473 to the licensee with respect to the identity of the actual purchaser of the firearm, as well as the actual purchaser's residence address and date of birth. The actual purchaser who utilized the straw purchaser

to acquire a firearm has unlawfully aided and abetted or caused the making of the false statements. The licensee selling the firearm under these

circumstances also violates Federal law if the licensee is aware of the false statements on the form. It is immaterial that the actual purchaser and the straw purchaser are residents of the State in which the licensee's business premises is located, are not prohibited from receiving or possessing firearms, and could have lawfully purchased firearms from the licensee

[matty 810]

Just leave it cancelled & let it go, now that it was blabbed all over the interwebz. Besides, if you are being 21 in 4.5 months--ann eterrrrnity, OMG ---that puts you in Feb, so you have a nice little winer project

[JerseyMike24 2]

Thanks guys. This was my fault for not knowing the law prior to ordering the lower. I should have learned my lesson about checking gun laws back when I purchased a Smith and Wesson 15-22 and can not purchase .22lr legally in NJ over the counter (Due to .22lr being capable of being used in pistols)

 

Dad can purchase it and gift it immediately there is no "cooling off" period. A gift is a gift. If son pays for it, dad takes possession then gifts it as a way to circumvent the age requirement on a lower, that's a straw purchase.

 

Yeah your right. Thanks for clearing things up.

 

Just leave it cancelled & let it go, now that it was blabbed all over the interwebz. Besides, if you are being 21 in 4.5 months--ann eterrrrnity, OMG ---that puts you in Feb, so you have a nice little winer project

 

I am letting it go. Ill be waiting until January.

[Steve_G 51]

Thanks guys. This was my fault for not knowing the law prior to ordering the lower. I should have learned my lesson about checking gun laws back when I purchased a Smith and Wesson 15-22 and can not purchase .22lr legally in NJ over the counter (Due to .22lr being capable of being used in pistols)

 

 

 

Yeah your right. Thanks for clearing things up.

 

 

 

I am letting it go. Ill be waiting until January.

 

4 months isn't bad. If you really don't want to wait, order a complete lower and rebuild it the way you want. It would cost you a few more bucks but, you could always sell the parts you remove.

[JerseyMike24 2]

4 months isn't bad. If you really don't want to wait, order a complete lower and rebuild it the way you want. It would cost you a few more bucks but, you could always sell the parts you remove.

 

i was thinking about that. not sure what lower to go with yet though. I know john from old bridge rifle and pistol club has a bushmaster lower with an a2 stock for 295.00 plus nics.....sounds decent but not sure if the bushmaster finish will match my stag upper.

[Steve_G 51]

i was thinking about that. not sure what lower to go with yet though. I know john from old bridge rifle and pistol club has a bushmaster lower with an a2 stock for 295.00 plus nics.....sounds decent but not sure if the bushmaster finish will match my stag upper.

 

Match how? Color? Even a Stag lower is not garanteed to match. Other than buying a matched set from Spikes, Mega, RRA, etc. there is a very good chance the color will be slightly different.

[JerseyMike24 2]

match meaning color, sorry i should have specified. and thank you

[hardlife_nef 1]

You could always repaint or coat, being that you are doing a build it would give you the opportunity of making it custom to your needs. Seems that different parts from the same manufacturer from differing lots will have some differences (albeit slight) in color.