Can I legally ship an AR15 Stripped Lower Receiver Intra-Texas?

[pert near]

If I can verify via Texas Driver's License that I'm shipping inside the state, Texan to Texan, would this be legal without going thru an FFL?

TIA...

 

[Theohazard]

Yes, federal law allows you to ship a firearm intrastate to another state resident as long as you don’t know of a reason why that person would be prohibited from possessing firearms. The tricky part is following the various carriers’ shipping rules. Here’s a sticky about shipping firearms:

https://www.thehighroad.org/index.php?threads/how-to-ship-firearms.651375/

 

[dogtown tom]

While Federal law doesn't prohibit such a shipment, you are going to find it difficult.
1. USPS prohibits you from mailing anything other than a rifle or shotgun. Receivers are classified by USPS the same as handguns, only mailable by dealers.
2. Neither UPS or FedEx will accept a nonlicensee to nonlicensee firearm shipment. It matters not one bit what the clerk at the UPS Store or Bobs Pack n Ship says......both carriers tariffs clearly state they will not accept such a shipment.
3. If you choose to ship it anyway, doing so USPS is a federal felony. Shipping via FedEx/UPS means any claim for loss, damage, theft will be denied because you violated their tariff. The counter clerk at USPS/FedEx/UPS cannot alter or change policy.

 

[bearcreek]

While Federal law doesn't prohibit such a shipment, you are going to find it difficult.
1. USPS prohibits you from mailing anything other than a rifle or shotgun. Receivers are classified by USPS the same as handguns, only mailable by dealers.
2. Neither UPS or FedEx will accept a nonlicensee to nonlicensee firearm shipment. It matters not one bit what the clerk at the UPS Store or Bobs Pack n Ship says......both carriers tariffs clearly state they will not accept such a shipment.
3. If you choose to ship it anyway, doing so USPS is a federal felony. Shipping via FedEx/UPS means any claim for loss, damage, theft will be denied because you violated their tariff. The counter clerk at USPS/FedEx/UPS cannot alter or change policy.

So...If the receiver was made into a rifle it would be legal to ship via USPS?

 

[dogtown tom]

So...If the receiver was made into a rifle it would be legal to ship via USPS?

Well, yes because rifles and shotguns are clearly allowed by USPS.
A receiver is a receiver. It does not meet the definition of "rifle" in Federal law. Whether it was originally a rifle is immaterial.

Add a barrel........still not a rifle.
Add a shoulder stock......still not a rifle.
Add barrel and shoulder stock...................it's a rifle.

 

[bearcreek]

Add barrel and shoulder stock...................it's a rifle.

Does it have to be a functional barrel and shoulder stock?

 

[Frank Ettin]

Does it have to be a functional barrel and shoulder stock?

Don't be silly. If the stock and barrel aren't functional, it's still not a rifle.

 

[bearcreek]

Don't be silly. If the stock and barrel aren't functional, it's still not a rifle.

There are lots of silly laws and rules (such as prohibiting shipment of handguns through the mail, but allowing shipment of rifles and shotguns). Sillyness isn't a reason for a law to not exist, so it's worth asking the question. That being said, how "functional" does the barrel and stock have to be in order to make the receiver a rifle?

 

[Frank Ettin]

There are lots of silly laws and rules (such as prohibiting shipment of handguns through the mail, but allowing shipment of rifles and shotguns). Sillyness isn't a reason for a law to not exist, so it's worth asking the question. That being said, how "functional" does the barrel and stock have to be in order to make the receiver a rifle?

Instead of just spouting off, you should have done some research. Whether you think the law is silly is irrelevant. Someone violating this law can get into a lot of trouble. See 18 USC 1715 (emphasis added):

Pistols, revolvers, and other firearms capable of being concealed on the person are nonmailable and shall not be deposited in or carried by the mails or delivered by any officer or employee of the Postal Service. Such articles may be conveyed in the mails, under such regulations as the Postal Service shall prescribe, for use in connection with their official duty, to officers of the Army, Navy, Air Force, Coast Guard, Marine Corps, or Organized Reserve Corps; to officers of the National Guard or Militia of a State, Territory, Commonwealth, Possession, or District; to officers of the United States or of a State, Territory, Commonwealth, Possession, or District whose official duty is to serve warrants of arrest or commitments; to employees of the Postal Service; to officers and employees of enforcement agencies of the United States; and to watchmen engaged in guarding the property of the United States, a State, Territory, Commonwealth, Possession, or District. Such articles also may be conveyed in the mails to manufacturers of firearms or bona fide dealers therein in customary trade shipments, including such articles for repairs or replacement of parts, from one to the other, under such regulations as the Postal Service shall prescribe.

Whoever knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail according to the direction thereon, or at any place to which it is directed to be delivered by the person to whom it is addressed, any pistol, revolver, or firearm declared nonmailable by this section, shall be fined under this title or imprisoned not more than two years, or both.

So someone caught violating this law becomes eligible for up to two years in federal prison with the bonus of a lifetime loss of gun rights. Dropping a hint about how to do something without doing a thorough job of research is irresponsible.

So let's look at the regulations, USPS Publication 52, Part 4, Subpart 43:

1. First, let's look at what is mailable.
   
   • Under 432.3:
     

     Except under 431.2, unloaded rifles and shotguns are mailable. Mailers must comply with the rules and regulations under 27 CFR, Part 478, as well as state and local laws. The mailer may be required by the USPS to establish, by opening the parcel or by written certification, that the rifle or shotgun is unloaded and not ineligible for mailing. The following conditions also apply:...

     
     431.2 refers to short barrel rifles and shotguns which are not mailable.
     
     
   • But what is a rifle and what is a shotgun for the purpose of 432.2? "Rifle" and "shotgun" are defined at 431.4:
     

     A rifle is a shoulder weapon having a barrel that is 16 inches or more in length. A shotgun is a shoulder weapon having a barrel that is 18 inches or more in length. Rifles and shotguns have an overall length of 26 inches or greater and cannot be concealed on a person.

     
     If you're goin to contend that a receiver with a stock and a dummy barrel is a shoulder weapon even though with a nonfunctional barrel it can't actually fire anything, you better have some solid case law to back you up/
     
     
   • So a bare frame or stripped receive can not be a rifle or a shotgun. A bare frame or stripped receiver doesn't have a barrel, nor is its overall length 26 inches or longer.
     
     
   • Therefore a bare frame or a stripped lower receiver can not be a rifle or shotgun mailable under 432.2.
   
   
2. Then what is not mailable.
   
   • Under 432.2 (emphasis added):
     

     Handguns and other firearms capable of being concealed on the person are nonmailable unless mailed between the parties listed in this section,...

     
     
     The persons referred to who under the regulation may mail a handgun or other firearm capable of being concealed upon the person do not include an ordinary, private citizen.
     
     
   • A bare frame or stripped lower receiver is not a handgun as defined at 431.2, nor is it a rifle or shotgun defined at 431.4, but is it a "firearm capable of being concealed on the person"?
     
     • "Firearm" is defined at 431.1 (emphasis added):
       

       ...a. Firearm means any device, 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; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device; but the term shall not include antique firearms (except antique firearms meeting the description of a handgun or of a firearm capable of being concealed on a person).
       
       
       b. Firearm frame or receiver is the part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel....

       
       
     • So a stripped lower receiver, as the part of the firearm providing the housing for the hammer, bolt or breechblock, and firing mechanism, is, all by itself, a firearm.
       
       
     • Also, physically a stripped lower receiver is small enough to be concealed upon the person.
       
       
     • With regard to concealability the regulations provide, at 431.2.b (emphasis added):
       

       b. Other firearms capable of being concealed on the person include, but are not limited to, short-barreled shotguns and short-barreled rifles.

       
       A stripped lower receiver will be smaller than at least most short barrel rifles or shotguns and so would be at least as concealable.
       
       
     • Furthermore, a stripped lower receiver is not, by itself, a rifle. First, it doesn't fit the regulation's definition of a rifle (432.4), but also, it may be used to construct, whether legally or not, a handgun or a short barrel rifle. Therefore, a stripped lower receiver is not necessarily a rifle part.
       
       
     • Furthermore, a stripped receiver with a stock but a nonfunctional barrel would not be a “a shoulder weapon” since it could not be used fired as assembled from the shoulder.
     
     
   • Therefore, a stripped lower receiver, or a stripped lower receiver with a nonfunctional, dummy barrel, is, for the purpose of the USPS regulations and the restrictions on mailing firearms which are handguns or other firearms capable of being concealed upon the person, other firearms capable of being concealed upon the person.
   
   
3. Therefore a stripped lower receiver, or a stripped lower receiver with a nonfunctional, dummy barrel, is not mailable under USPS regulations by a non-licensee.

Being "cute" about an act that would be a federal felony and could disqualify someone from possessing firearms for the rest of his life is inappropriate.

 

[pert near]

As the OP, I want to thank everyone for their responses. I've come to the conclusion that although possible you have to jump through some hoops to do it without going via FFL. Not worth the chance, especially for just a stripped AR receiver.

Good Info! Thanks

 

[bearcreek]

Not worth the chance, especially for just a stripped AR receiver.

Good Info! Thanks

Probably true. Lowers are cheap, though tough to find at the moment.