Is a Stripped Lower a Rifle or a Handgun?

[Speedo66]

Does the USPS consider a stripped lower to be a rifle or a handgun?

Thinking of selling one and depending on how they see it, I may be able to ship it myself through the mail to the buyers FFL.

Anybody have a definitive answer?

 

[Speedo66]

OK, did more research and answered my own question. Even though it is not a handgun, it's considered a firearm, and a concealable firearm can't be shipped through the mail. I know, try and fire a cartridge in a stripped lower, but that's the rule.

Supposedly, because it is not a handgun, it can be shipped UPS Ground or Fedex Ground, but I need to do more research to verify that.

I'll leave this up in case it may help someone else with the same question.

 

[Frank Ettin]

Does the USPS consider a stripped lower to be a rifle or a handgun?....

As you discovered the it is not a rifle (or shotgun). So, for everyone's benefit:

A non-FFL may lawfully ship only a rifle or shotgun by USPS. "Rifle" and "shotgun" are defined at 431.4 of the postal regulations (USPS Publication 52, Part 4, Section 43):

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.

So a receiver alone is neither a rifle nor a shotgun.

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.

     
     
   • 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.
     
     
   • Therefore, a stripped lower receiver 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 is not mailable under USPS regulations by a non-licensee.

Note that shipping a firearm in violation of USPS Regulations is a federal crime. 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.

 

[Armednfree]

All these laws and regulations enforced when legally that lower should not be regulated at all. Doesn't fit the legal definition. But don't think that is going to fly.

 

[Speedo66]

Can anyone confirm that UPS and Fedex will accept a stripped lower for shipment at Ground rates?

 

[dogtown tom]

Can anyone confirm that UPS and Fedex will accept a stripped lower for shipment at Ground rates?

Neither UPS or FedEx tariffs define receivers as does USPS.
Shipping a lower via UPS Ground or FedEx Ground does not violate their tariffs.

 

[Speedo66]

Neither UPS or FedEx tariffs define receivers as does USPS.
Shipping a lower via UPS Ground or FedEx Ground does not violate their tariffs.

Thanks, good to know. Huge difference in cost between Ground and having to overnight a handgun.