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AR15.COM
7/8/2010 5:39:25 PM EDT
Might be a dumb question but is a stripped lower subject to Florida's 3 day waiting period? I know that they are listed as "Other Firearms" on the 4473 and you have to be 21 to buy them, but not sure about the waiting period. I did a search but couldn't find anything. Thanks in advance.
7/8/2010 5:42:43 PM EDT
[#1]
I KNOW someone will correct me if I'm wrong... but an AR lower should be designated as a long gun and not subject to a waiting period in 'most' of Florida.





David
7/8/2010 5:42:57 PM EDT
[#2]
I believe yes since a lower is "The Firearm" per BATF&E.

If you have a CCW...then all you have to wait is 5mins for them to do the FDLE check..

Correct me if I am wrong.

BTW...Miami is a 5 day wait in most gun shops.
7/8/2010 6:11:02 PM EDT
[#3]
Quoted:
I believe yes since a lower is "The Firearm" per BATF&E.

If you have a CCW...then all you have to wait is 5mins for them to do the FDLE check..

Correct me if I am wrong.

BTW...Miami is a 5 day wait in most gun shops.




I thought for most of Florida, the waiting period is for handguns only(this will be in Lee County and I don't think they go above and beyond state law). I guess my question is that since on the 4473, a stripped lower is supposed to be listed as "other firearm"  does Florida treat it as a long gun or handgun as far as waiting period is concerned?
7/8/2010 6:21:29 PM EDT
[#4]
According to the description on the 4473 it is neither a handgun nor a long gun. Frames and receivers fall under the "other" category. If it doesn't meet the legal definition of a handgun then no waiting period applies.

7/8/2010 6:21:38 PM EDT
[#5]
My girlfriend purchased 2 stripped Noveske lowers for me and had them shipped to a FFL then transferred, no waiting period, she does not have a CCW either.
7/8/2010 6:30:32 PM EDT
[#6]
Thanks everyone for the quick replies.
7/8/2010 6:41:26 PM EDT
[#7]




Quoted:

According to the description on the 4473 it is neither a handgun nor a long gun. Frames and receivers fall under the "other" category. If it doesn't meet the legal definition of a handgun then no waiting period applies.



So Chuck... falls under 'other' non handgun so no wait... if it's engraved as pistol lower... I would assume, it would carry the wait period yes?
David

7/8/2010 7:28:48 PM EDT
[#8]
Two stripped lowers here.... no waitin'
7/8/2010 7:39:35 PM EDT
[#9]
No wait period on my Spike's pistol marked stripped lower.

This was a couple years ago, Escambia Co.
7/9/2010 4:07:51 AM EDT
[#10]
Hmmm?  Tampa must be different.  I had to wait three days for both a shotgun purchase at a gun show and also a transfer on a stripped Noveske lower.  I was told that the waiting period was for all firearms unless you have a CCP.
7/9/2010 7:32:00 AM EDT
[#11]







Quoted:
Quoted:



According to the description on the 4473 it is neither a handgun nor a long gun. Frames and receivers fall under the "other" category. If it doesn't meet the legal definition of a handgun then no waiting period applies.







So Chuck... falls under 'other' non handgun so no wait... if it's engraved as pistol lower... I would assume, it would carry the wait period yes?
David










ETA: David, if it was a stripped lower marked "pistol", I'd call it an Other and no waiting period. If it had a grip and the fire control parts, buffer. I'd call it a handgun with a waiting period.  





Mind you, this is my opinion:





If it's not a complete firearm or combination of parts capable of firing a projectile (when assembled), then it is a frame or receiver. With that being said, if it's all apart in a box, it is still considered a complete firearm. Likewise for excise tax. There is no excise tax due on stripped receivers only, but if you package a receiver and all the parts to complete the firearm as a kit, then excise tax is due on that complete package. Same for an assembled lower AFAIK.


Also, by interpretation of the last sentence regarding multiple sales, "...of any firearms..." this would negate the waiting period requirement as well. If someone bought ten Caspian 1911 frames from Brownells, I interpret it as no wait would be required and no multiple sale report would be required. When it comes to barreled actions like a revolver or rifle, if the barreled action of a rifle has all the parts required to make it fire, I would treat it as a Rifle. If it was a bare Rem 700 action only, I'd treat it as an Other. A revolver frame is a little tricky, if it was totally stripped, I'd call it a frame. if it had a barrel, or any of the fire control parts, I'd call it a handgun. Likewise for a Glock, if the frame was devoid of all parts, then Other. If it had the trigger group then a Handgun. I'd probably err on the side of caution with the last two examples.
3)
The term “firearm” means






(A)
any weapon (including a starter gun) which will
or is designed to or may readily be converted to expel a projectile by
the action of an explosive;








(B)
the frame or receiver of any such weapon;








(C)
any firearm muffler or firearm silencer; or








(D)
any destructive device. Such term does not
include an antique firearm.









(29)
The term “handgun” means—






(A)
a firearm which has a short stock and is designed
to be held and fired by the use of a single hand; and






(B)
any combination of parts from which a firearm
described in subparagraph (A) can be assembled.
 
7/9/2010 7:51:18 AM EDT
[#12]



Quoted:





Quoted:

According to the description on the 4473 it is neither a handgun nor a long gun. Frames and receivers fall under the "other" category. If it doesn't meet the legal definition of a handgun then no waiting period applies.



So Chuck... falls under 'other' non handgun so no wait... if it's engraved as pistol lower... I would assume, it would carry the wait period yes?
David
The engraved "pistol only" carries no weight, the designation is only on the original 4473 form.  To the best of my knowledge, the lower is not classified until it assembled as a rifle or pistol.







 
7/9/2010 1:27:18 PM EDT
[#13]
I think if you are a Felon you wait for the rest of your life....
7/10/2010 3:11:07 AM EDT
[#14]
Quoted:
Hmmm?  Tampa must be different.  I had to wait three days for both a shotgun purchase at a gun show and also a transfer on a stripped Noveske lower.  I was told that the waiting period was for all firearms unless you have a CCP.


As per Florida's preemption of all firearms Laws the only lattitude Counties have is the wait period. Only handguns are subject to the waiting period. Your dealer is a tool and should not be supported.
7/10/2010 5:19:40 AM EDT
[#15]
Quoted:
Quoted:
Hmmm?  Tampa must be different.  I had to wait three days for both a shotgun purchase at a gun show and also a transfer on a stripped Noveske lower.  I was told that the waiting period was for all firearms unless you have a CCP.


As per Florida's preemption of all firearms Laws the only lattitude Counties have is the wait period. Only handguns are subject to the waiting period. Your dealer is a tool and should not be supported.


Actually both were from seperate places.  I bought the shotgun from Shoot Straight at the Tampa Gunshow, and did the transfer on the lower at A1 Tactical in St Pete.  Had to wait both times.