Cart Before the Horse?

[ProdigalSun]

Ok, called them. Can't make this into a pistol. OK for SBR with stamp. 4473 fills out as Receiver. The feds do not care if Michigan chooses to register it as a pistol since the OAL is less than 26", they only care about how it appears on the Form 1.

[smustian]

So .... it took 8 pages for you to figure out that Federal law trumps State law all day, every day. A state can add to a federal law but not override it. When in doubt, choose the route to keep the ATF happy and the state can go hug themselves in the corner.

[ProdigalSun]

Hey now, I'm just trying to do this legally. The issue wasnt whether or not federal law trumps state law, which isn't even true. 10th Amendment, and so on. For one thing, with law, things gel in my head pretty slowly, but once I get it, I got it. I was making sure that everything I was doing was legal. There sometimes is interplay between laws, sometimes they run paralel and sometimes they might even contradict. I have an interesting build, which requires several legal duties be met, and some of that, in a certain order. To proceed without caution and research, going along on common sense is foolish in this police state, so I'm careful. Who would think that the same rifle has 4 background checks, has to register as a pistol here, a rifle there, and is in the eyes of the law, two guns. Theres more, I didnt feel like ranting about right now.

[smustian]

Glad you are doing it legally and have your answers. As to your 10th amendment reference, I stand by my statement as the 10th has nothing to do with regulations of lower receiver registrations or NFA items. They are governed by FEDERAL regulations and enforced by a FEDERAL agency known as the BATFE. You do not have to register a "pistol" with the ATF BUT your state may add that requirement. When you first purchase a lower from a dealer the first paperwork you fill out for approval is a FEDERAL form 4473. Based on that and other reasons that I do not wish to type and argue about, federal law is the base law and if a state wishes to add other requirements they can do so as long as the adds do not contradict the base law.

[ProdigalSun]

I agree. I thought you had made the blanket statement that federal law always trumps state law, which it does not.

Ordering the lower tomorrow, ordered a stripped upper yesterday. Stamps next month, I asked the lady from the ATF for 2, Form 1s.

[plant.one]

e file them

https://www.atfonline.gov/EForms/



what do you need two form 1's for? you're only doing one lower right?


you only stamp the lower, the upper isnt a "firearm".

or are you doing a suppressor too?

[ProdigalSun]

Yes, I am also going to build a suppressor.