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Firearms Legal Protection

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  1. #1
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    AR15 Pistol Build

    I was cleaning my storage room out and found a spare lower from a year back and I’m ordering parts from various places to throw it together. When I go to finish the build since I’ll be building it instead of buying it. I know I still have to register it but on the RI 60 forum for the cpl and ffl should I just leave them blank and fill out the rest of them serial number length caliber.

  2. #2
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    not only do you not have to register it, it's technically a felony to complete the RI-060

    MCl 28.421 defines buyer and seller.

  3. #3
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    Man doing this build doesn’t seem like it’s going to be worth it with all the legal mumbo jumbo. I got a used pistol upper today now it’s probably just going to sit around collecting dust. Probably should sell it I don’t think I’ll do I pistol build know anybody that wants a pistol upper receiver?

  4. #4
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    Quote Originally Posted by XReaper47X View Post
    Man doing this build doesn’t seem like it’s going to be worth it with all the legal mumbo jumbo. I got a used pistol upper today now it’s probably just going to sit around collecting dust. Probably should sell it I don’t think I’ll do I pistol build know anybody that wants a pistol upper receiver?
    Get an out of state CPL (I recommend AZ).
    Then you can, legally, forget about registation.
    DISCLAIMER: The opinions expressed in my posts are my own and do not necessarily reflect the opinions, views, or official policies of Michigan Gun Owners.

  5. #5
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    I’ll just sell the pistol upper since I don’t need it and keep the lower Incase another build comes along.

  6. #6
    MGO Member Roundballer's Avatar
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    If you don't want to deal with the pistol mess, just make sure that it is over 26" OAL. Then it is a "firearm" and is treated the same as a long arm. You can't carry it under the authority of your CPL, but it is perfectly legal, and you don't register it.


    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

  7. #7
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    Quote Originally Posted by XReaper47X View Post
    I was cleaning my storage room out and found a spare lower from a year back and I’m ordering parts from various places to throw it together. When I go to finish the build since I’ll be building it instead of buying it. I know I still have to register it but on the RI 60 forum for the cpl and ffl should I just leave them blank and fill out the rest of them serial number length caliber.
    Since a lower is neither pistol nor rifle when purchased alone, it is usually marked "Other" on the 4473 (although technically, according to the ATF, it is what is first done to it when building, and not what is marked on the 4473, that designates it, as FFLs can make mistakes on forms). There are advantages to first building a pistol: you can then, forever more, switch back and forth between pistol and rifle... if built as a rifle first, it can never be re-configured into a pistol per ATF. Not sure of the "Firearm" first route - I believe MI is unique in that category.

    When I built mine as a pistol first (step one - SBA3 Pistol Brace, step 2 - 7.5" barreled upper) and then completed the RI60 with help from my FFL - I filled out the Purchaser portion completely with my CPL # (since I have neither an FFL or MCOLES#). I then also completed the Seller portion with "Built from pistol parts kit" in the Name/Dealer box, signed and dated it.

    Since this was my first pistol build, I drove to Pontiac, to the main Oakland County Sheriffs office and handed it to the deputy, explaining exactly what I did, and asked him if I did everything correctly on the form - he read it, and said yes, that is how it should be filled out for a home build.

    YMMV, but it's not that complicated to build your own pistol, IMO. But like Roundballer said, it's less of a hassle to just build a "Firearm" - literally the only thing you "lose" over a pistol, is transporting it loaded (I highly doubt anyone actually "carries" even a 7.5" AR pistol - they are still huge compared to even a full size pistol, LOL).

  8. #8
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    Quote Originally Posted by C Co. 3/75 View Post
    Since a lower is neither pistol nor rifle when purchased alone, it is usually marked "Other" on the 4473 (although technically, according to the ATF, it is what is first done to it when building, and not what is marked on the 4473, that designates it, as FFLs can make mistakes on forms). There are advantages to first building a pistol: you can then, forever more, switch back and forth between pistol and rifle... if built as a rifle first, it can never be re-configured into a pistol per ATF. Not sure of the "Firearm" first route - I believe MI is unique in that category.

    When I built mine as a pistol first (step one - SBA3 Pistol Brace, step 2 - 7.5" barreled upper) and then completed the RI60 with help from my FFL - I filled out the Purchaser portion completely with my CPL # (since I have neither an FFL or MCOLES#). I then also completed the Seller portion with "Built from pistol parts kit" in the Name/Dealer box, signed and dated it.

    Since this was my first pistol build, I drove to Pontiac, to the main Oakland County Sheriffs office and handed it to the deputy, explaining exactly what I did, and asked him if I did everything correctly on the form - he read it, and said yes, that is how it should be filled out for a home build.

    YMMV, but it's not that complicated to build your own pistol, IMO. But like Roundballer said, it's less of a hassle to just build a "Firearm" - literally the only thing you "lose" over a pistol, is transporting it loaded (I highly doubt anyone actually "carries" even a 7.5" AR pistol - they are still huge compared to even a full size pistol, LOL).
    Your first paragraph is incorrect. It is marked on the 4473 what configuration it is in when sold or transferred, not what the purchaser intends to do with it. Even still, whatever is put on the 4473 is not linked with the RI-60 in any way.

    It's hilarious the deputy was ok with you committing a felony.

  9. #9
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    Quote Originally Posted by XReaper47X View Post
    Man doing this build doesn’t seem like it’s going to be worth it with all the legal mumbo jumbo. I got a used pistol upper today now it’s probably just going to sit around collecting dust. Probably should sell it I don’t think I’ll do I pistol build know anybody that wants a pistol upper receiver?
    Build it, don't register the transaction (since one never took place) that's pretty simple. If you want to carry it loaded in the vehicle under your CPL just make sure the OAL is under 26". No legal mumbo jumbo involved.

  10. #10
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    Quote Originally Posted by GreaseMonkeySRT View Post
    Your first paragraph is incorrect. It is marked on the 4473 what configuration it is in when sold or transferred, not what the purchaser intends to do with it. Even still, whatever is put on the 4473 is not linked with the RI-60 in any way.

    It's hilarious the deputy was ok with you committing a felony.

    An AR15 stripped lower is neither a rifle nor pistol. It *should* be marked "Other" on the 4473:

    Section B Question 16. Type of Firearm(s):

    "Other" refers to frames, receivers and other firearms that are neither handguns nor long guns (rifles or shotguns), such as firearms having a pistol grip that expel a shotgun shell, or National Firearms Act (NFA) firearms, including silencers. If a frame or receiver can only be made into a long gun (rifle or shotgun), it is still a frame or receiver not a handgun or long gun. However, frames and receivers are still "firearms" by definition, and subject to the same GCA limitations as any other firearms. See Section 921(a)(3)(B). Section 922(b)(1) makes it unlawful for a licensee to sell any firearm other than a shotgun or rifle to any person under the age of 21. Since a frame or receiver for a firearm, to include one that can only be made into a long gun, is a "firearm other than a shotgun or rifle," it cannot be transferred to anyone under the age of 21, nor can these firearms be transferred to anyone who is not a resident of the State where the transfer is to take place. Also, note that multiple sales forms are not required for frames or receivers of any firearms, or pistol grip shotguns, since they are not "pistols or revolvers" under Section 923(g)(3)(A).
    I don't know how common it is, but I'm sure at least once in history, an FFL checked the wrong box. If an FFL mistakenly checked "Rifle" for a S&W M&P Shield, does that mean it is a rifle?

    For the very unique situation of an AR lower, which can be built into a Pistol, "Firearm" or Rifle, the ATF Technology Branch absolutely does consider what was done to the virgin lower during the build:

    [IMG][/IMG]

    [IMG][/IMG]

    As far as the RI-60 "Felony" of "Material False Statement", my due diligence of the matter failed to find any prosecutions for putting "Built from parts kit" in that box, or if that would even be considered as a "Material False Statement" even if it is incorrect to do so. I realize this is a huge controversy every time it is brought up - if the multi-page threads on the various MI gun related forums is any indication, LOL!

    I personally would still do it again if I was building something 26" or less, versus taking the Misdemeanor for not registering a Pistol. I can't fathom a guilty verdict for doing everything possible to notify the sate that you have a pistol - but hey, stranger things have happened, do what your rank can handle

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