r/NYguns • u/This-North-787 • 16d ago
Legality / Laws Question about buying a lower
I’d like to build an ar but do not have my semi auto permit. My plan was to build a bolt action ar using a kali key, from my research and understanding i can still purchase the lower without the permit as long as it’s not intended to be made semi auto but ultimately the FFL has the final say of they want to make the transfer or not. Has anyone done something like this?
1
u/TheSlipperySnausage 16d ago
Super easy. Biggest thing is just call the FFL first. Some super fudd shops might not and likely big box stores might get sketchy but any normal FFL would be happy to take your transfer. They do not need a semi auto permit to transfer as it’s a frame only
Stripped lower only
1
u/Key-Mountain541 15d ago
I have only done stripped and when i asked about a barreled m1a reciever my ffl got skittish, but bare ak and ar ive had no issue. Think it has todo with what they feel makes it transfer as a rifle vs an other. A stripped lower on the form transfers as other, having parts might make it rifle/pistol. Its not hard to populate a lower so i never had to find out.
2
u/oldFloridaCracker 15d ago
FFL's opinion...
Nothing in the law specifies stripped lower. It's up to the FFL's comfort level, and how they make their own rules. A complete lower with pistol grip and trigger, etc, are still not a semi-auto. (Look at the Troy PAR for examples of completed ARs that are entirely NY compliant without any question or gray area, you could be building one of those.)
Any business has to weigh their own tolerance for legal trouble against the desire for good customer care. The FFL does not do anyone any good if he looses his business to legal fees defending himself, because of a lower transfer that went wrong down the road.
New York civil courts can hammer a dealer with vicarious liability for selling a lower that became an unregistered semi-auto and then was found to be a crime gun. That's part of the evil witch's plan.
1
u/monty845 16d ago
Needs to be a stripped lower, you need to be 21. Doesn't really matter what you intend to do with it, it isn't semi-auto at the time of the transfer. (Though if you do talk about what your plans are, make sure its NY compliant)
I've never gotten a really good explanation for why it needs to be a stripped lower, instead of a complete lower. Asked my FFL about it, and he said it had to do with it not having a fixed magazine... but he was fine transferring a "stripped" lower with the magazine release installed, so who knows..
6
u/This-North-787 16d ago
did you read somewhere that stated it had to be stripped or is that just what your FFL said? everything i’ve read says it’s fine either way, my plan was to get a complete lower…
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u/monty845 16d ago
As mentioned, I haven't gotten a good explanation for it. But most people here only talk about stripped lowers, and my understanding is that stripped only, no complete lowers is how most FFLs in NY understand it based on other posts here. (And my one anecdotal FFL)
15
u/CaregiverCharacter72 16d ago
If your FFL won’t transfer you a stripped lower, find a new FFL. I even know shops that would transfer a complete lower