New 4473's - Important Changes for Stripped Receivers

ATF | 10/22/2008 | self

[gieriscm]

The new ATF 4473's are arriving at gun dealers around the country. The new yellow forms are supposed to be used no later than November 15.

There is an important difference between the new forms and the old forms. The old forms only differentiated between "Long Gun" and "Handgun". The new forms have another category "Other" which covers stripped receivers. From the instructions that go with the new form:

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 they are still firearms by definition and subject to the same GCA limitations as any other firearm. See section 921(a)(3)(b).

18 USC section 922(b)(1) makes it unlawful for a licensee to sell any firearm other than a shotgun of rifle to any person under 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 a rifle" it cannot be transferred to anyone under the age of 21.

Also note that multiple sale forms are not required for frames or receivers of any firearms or pistol grip firearms, since they are not "pistols or revolvers" under section 923(g)(3)(a).

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Note the section bolded above. In the past dealers have transfered stripped receivers to people age 18-20 because stripped receivers aren't handguns. ATF has now changed that.

[gieriscm]

If you're 18-20 years old and you are planning on purchasing a stripped receiver, you need to get it from a dealer who is still using the old white forms (some have switched already) and get it transfered to you prior to 11/15.

[gieriscm]

ping

[padre35]

Is this an internal BATFE change or was it mandated by legislation?

[caver]

Call me ignorant, but I’m surprised that stripped receivers were not already considered a firearm.

[Larry Lucido]

I hear Squantos once received some strippers, around 18-20 years old.

[DCBryan1]

mandated or legislation?

You are kidding, to right? When was the last time BATF followed ANY law?!

[Tijeras_Slim]

LOL!

He’s been around so long he remembers the MMMMCDLXXIII form.

[padre35]

Was there a smiley face attached to my post?

No, I’m not kidding, did the BATFE just change their regulations, or did Congress pass a law mandating this change?

[BobbyT]

They were. The point is that they’re being re-categorized from “long guns” (which is what they become when you build them, 18” long AR-15 “pistols” notwithstanding) to “other” where “other” doesn’t count as a long gun.

Thus preventing 20 year olds from buying them to do their own build vs. pre-made. 50 “common sense” steps down, another 50 “common sense” steps to go before we’re completely disarmed.

[Red Badger]

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 a rifle" it cannot be transferred to anyone under the age of 21.

That would include many hundreds of thousands of our men and women fighting in Iraq and Afghanistan. I assume they don't issue them firearms, stripped or otherwise, to them...........

[Eaker]

I heard that they were way pre ban and were around 60 years old!

[CodeToad]

In our State you must be 18 to see a stripper without booze involved and 21 with booze involved so will there be a checkbox for “Booze Served”?

[Myrddin]

I hope this means the T/C Encore and Contender G2 receivers are now considered interchangeable i.e. a receiver originally sold as a rifle can be freely converted to pistol form. Thompson has had to register frames serial numbers as rifle or pistol at the factory. It was Ok to build a rifle from a frame sold as a pistol. Building a pistol from a frame sold as a "rifle" was illegal. That was just plain stupid.

[Fresh Wind]

This thread is worthless without pictures.

[gieriscm]

This thread is worthless without pictures.

ARFCOMer?

AFAIK there was no law change. ATF updates its forms periodically to match current trends. Prior to the AWB and the popularity of the AR15/AR10/etc not a lot of folks bought stripped receivers and built their own rifles. Now it's not unusual for someone to buy half a dozen at a time, and build their own in various configurations.

Heck, I remember the "old old" yellow 4473's that only had the address block and nothing indicating that ATF wanted the purchaser to include their county in it as well. What a PITA that was.

As a minor gimmee to dealers, we're now permitted to use state abbreviations according to the letter that came with the packet of new forms. That's just so nice of them...

[Gilbo_3]

ouch...

Ill bet as I type this he is chisling a scathin reply on his screen...;}...

[TEXASPROUD]

Naw Larry, he just stripped some receivers.

[gieriscm]

Note that there is another "gotcha" here. I've seen suggestions elsewhere that the dealer should just attach a rifle stock to the receiver and then transfer the firearm as a rifle. The problem is that if the FFL has a type 01 "dealer" license versus a type 07 "manufacturer" license or type 10 "manufacturer of destructive devices" license, he has just broken the law (manufacturing w/o a license). The ATF definition of manufacturing is pretty strict.

So why don't 01 FFL's just convert to a type 07 you ask? Lots of reasons. Zoning is a big one, as a location that's good to go for retail sales (01 license) may not be ok for industrial activity (required for an 07 or 10 license) without a variance (money and attorneys required). Further, 07 and 10 licensees must pay ITAR annually to the US Dep't of State ($2250/year). Many gun dealers are scraping by as it is, and the additional fees and regulations could force them to close up shop.

[padre35]

2,100 dollars is pretty expensive, the Federal Government has shed FFL licensees for years now, especially when Clinton raised the fees and chased many many FFL holders out of the business.

There were some machinist types who were making 80% receivers, I think that is one of the points behind the new regulation(?)

[ctdonath2]

They are following the law here. Seems the BATFE’s current philosophy is to identify and plug/prosecute all conceivable loopholes.

“Stripped” receivers are not necessarily any kind of gun, they’re just receivers - which can be assembled into assorted configurations. It is illegal for a FFL holder to sell a “handgun” to anyone under 21, but it was legal for the same dealer to sell a stripped receiver and all the parts to build a handgun (easily assembled in an afternoon, if not a few minutes) - this change to the “yellow form” closes that alleged loophole.

This is a natural consequence to the BATFE’s principle of “constructive possession” (having all the parts is tantamount to having the completely assembled item). Bureaucrats have to keep busy somehow...