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  #1  
Old 05-19-2013, 9:14 PM
Curly420 Curly420 is offline
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Default Do we need a FFL for a stripped OLL gift?

I've been talking to my friend in Texas and he has an OLL receiver he said I could have. I'm just a bit confused of how to do it legally.

- If he gives me the stripped lower receiver do we need a FFL to make the transfer or could I just take possession of it without registering?

From my understanding, since it's off-list, it's not 'technically' an assault rifle and just a standard long gun, not requiring registration. -- Please correct me if I'm wrong.

- Also, what if he gives me a complete, CA compliant, lower receiver?

- Lastly, If both scenarios do require the ffl, do both parties need to be present, or can it be done remotely?


I'm 24 btw. Thanks for looking.
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  #2  
Old 05-19-2013, 9:30 PM
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Quiet Quiet is offline
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Default Gun Control Act of 1968

For the last 45 years, Federal laws have prohibited the transfer of firearms between residents of different states unless the transfer is done through a FFL dealer.
There is no gift exemption to the Federal laws.

A receiver is a Title 1 Other firearm.

Therefore...

Because your friend is a resident of TX and you are a resident of CA, the firearm must be transferred to you through a CA FFL dealer.

If your friend gives it to you while you are in TX, then both of you will violate Federal laws.
Federal felony for you for receiving [18 USC 922(a)(3)] and Federal felony for your friend for giving it to you [18 USC 922(a)(5)].

So...
1. Your friend ships the firearm to CA FFL dealer.
2. You go to the CA FFL dealer.
3. You pay fees (transfer fee/DROS fee/CA use tax) and have it transferred (4473/DROS/10 day wait) to you.
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"If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun. - Dalai Lama (Seattle Times, 05-15-2001).
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  #3  
Old 05-19-2013, 9:53 PM
Curly420 Curly420 is offline
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Default

Perfect. Nice and clear Tyvm. This can be closed now or w/e you do ;P

Just googling around I kept coming here and finding answers lol. This will be my first self-built rifle so I'm trying to do as much research as possible and I can definitely tell you I'll be back. Thanks again.
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