Do I really need a license/permit/whatever to purchase deactivated gun receivers?

falcon dude

Well-Known Member
I was looking for a Remington 870 receiver for my PR and I asked a local (well, sorta local) gunsmith if he could deactivate a beat up one and sell it to me and he said no Id need a license/permit ( I don't remember what) even if it were deactivated. The gun shop told me the same thing. That sounds kinda stuid to me. Is it true?
Being in the USA on a diplomatic status its a real hassle to get a license/permit (or whatever its called) and its not worth tit as I'm really not going to be shooting anything.
So is it true? If so, is there any way around this? I really wanted to build an all metal PR and I was looking for a Steyr receiver and Bulldog frame for my Blade runner blaster as well.
 
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I wouldnt think you would need anything since is is deactivated and therefor no longer considered a gun. What state do you live in you would have to research state laws
 
I would strongly advise against casually getting into deactivated guns in the USA.
The BATF considers the receiver to be the "gun" and if it is "easily returned to firing condition" the possessor of that receiver is in violation of illegal firearms laws.
The problem is that the BATF has used some questionable means to "return" deactivated guns to "firing condition", but in a court of law the the government BATF technical opinions are the "correct" technical guidelines.
The only legal way to guarantee that your deactivated receiver meets the legal requirements is to submit it to the BATF for technical review.
If it passes, you get it back.
If it fails, they keep it.
And of course, you pre-paid postage both ways.

The pot metal non-guns made in Japan in the 1970's would fall under the "easily convertible" laws that have been used by the BATF to confiscate legally purchased PPsH 41 parts kits from some purchasers.
The confiscations were pretty minimal and their main point was to intimidate future purchasers.

My main point is to be very careful in creating a deactivated gun to BATF specs or better yet, avoid it altogether.
 
Your best bet is to probably call the local sheriffs office and ask them to be sure. My experience has been that you do NOT need a license to own a deactivated firearm. However, there's a big bit of trouble involved in shipping said firearm prior to deactivation. you DO need a license to recieve or ship it. Or just have it shipped to a licensed dealer.

But yeah, call your local law enforcement. If you're following the Robby the Robot thread in the OT, you'll know firsthand that there are plenty of armchair lawyers on this forum who have absolutely no idea what they are talking about. Myself included, quite often :)
 
Your best bet is to probably call the local sheriffs office and ask them to be sure.

SNIP

...you'll know firsthand that there are plenty of armchair lawyers on this forum who have absolutely no idea what they are talking about. Myself included, quite often :)

Deactivated firearms are under the jurisdiction of the Bureau of Alcohol Tobacco Firearms and Explosives, a federal agency.
Not to demean local law enforcement; they may know about firearms laws, but they don't establish or enforce the federal aspects of those firearms laws.

Matt is right about armchair lawyers in that you don't want to rely on them for legal direction.
Contacting the correct government agency is the only way to ensure you have the authentication and documentation that guarantees possession of a legally deactivated firearm.
 
I would also advise contacting the ATF. However, there may be state or local ordinances, so contacting local law enforcement is also a good idea.

My understanding was that a receiver bearing a serial number is still considered a "firearm" and therefore subject to whatever permit/licensing restrictions are in place. That said, the laws regarding long guns (rifles, shotguns) are generally less restrictive than those for handguns.
 
That said, the laws regarding long guns (rifles, shotguns) are generally less restrictive than those for handguns.

The license required for rifles and shotguns is even fairly easy to obtain in New York City - that should be saying something.

-Fred
 
There are no US federal licenses/permits required for deactivated firearms. I can't say anything about the individual states though.

Keep pennausamike's suggestions in your mind though, as the BATFE has been known to stretch reality at times in order to cause people to go spend time in "federal housing".

I'm not qualified to tell you what to do, but one thing to consider is to send a letter to the BATFE explaning the type of non-funcional prop you are looking to create, and how you should proceed with having the receiver rendered inert in order to meet their requirements, yet also serve your needs. The BATFE is usually pretty good about answering questions for people. Make sure they send you a letter in return (you need this info in writing), and then take a copy of the letter to your gunsmith.

Keep one, two, or 30 copies of this letter in various places in case you ever find yourself in trouble.

EDIT! PS, one last thing, don't think that getting appropriate permits for the shotgun will allow you to get away with having it as a prop without making it fully inert as per BATFE standards. Because if you end up installing a shortened barrel on it for the prop (or cutting it down), and the BATFE ever decides that your shotgun wasn't de-milled properly, you will have violated federal NFA laws regarding "sawed off shotguns". THAT will definitely ruin your day.
 
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