Trouble buying .308 Lower Receiver in 2020

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  • Jdk022

    Member
    Jan 15, 2020
    4
    Has anyone purchased a .308 lower receiver this year? I recently moved to Maryland and was trying to buy an Aero M5 stripped lower this past week, but my LGS was unable to process a background check. Apparently the NICS call center is saying that all "other firearm" transactions must be processed by the state police as of January 1st. The state police are saying that they don't process large frame lowers because they are not part of a regulated firearm. The LGS went back and forth between the two the following day until the state police stated that the FBI had revised their system incorrectly and that I would need to wait until they acknowledged and fixed the error. So, for now, it seems that my lower is stuck in limbo for an undetermined amount of time.
     

    Hit and Run

    Ultimate Member
    Oct 15, 2010
    1,435
    Prince Frederick
    Has anyone purchased a .308 lower receiver this year? I recently moved to Maryland and was trying to buy an Aero M5 stripped lower this past week, but my LGS was unable to process a background check. Apparently the NICS call center is saying that all "other firearm" transactions must be processed by the state police as of January 1st. The state police are saying that they don't process large frame lowers because they are not part of a regulated firearm. The LGS went back and forth between the two the following day until the state police stated that the FBI had revised their system incorrectly and that I would need to wait until they acknowledged and fixed the error. So, for now, it seems that my lower is stuck in limbo for an undetermined amount of time.
    Sorry to here. As an FFL in MD I immediately complained to ATF on discrepancies and MSP when ATF info sheet came out on this. I was told I wasn't reading it write by MSP. I politely told them it was straight forward and rather simple English and it was wrong. I have done at least two lower transfers that did not need to go State and did not have an issue though.



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    Jdk022

    Member
    Jan 15, 2020
    4
    Sorry to here. As an FFL in MD I immediately complained to ATF on discrepancies and MSP when ATF info sheet came out on this. I was told I wasn't reading it write by MSP. I politely told them it was straight forward and rather simple English and it was wrong. I have done at least two lower transfers that did not need to go State and did not have an issue though.



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    Im glad someone else is at least aware of the issue. So you were able to process the lowers through the FBI? I wasn't given any idea of a resolution date and I don't really even know who to contact at this point. I'm planning on checking back in a week and just trying to run it again.
     

    Hit and Run

    Ultimate Member
    Oct 15, 2010
    1,435
    Prince Frederick
    Im glad someone else is at least aware of the issue. So you were able to process the lowers through the FBI? I wasn't given any idea of a resolution date and I don't really even know who to contact at this point. I'm planning on checking back in a week and just trying to run it again.
    Yes, I have done at least one.
    Mike

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    Hit and Run

    Ultimate Member
    Oct 15, 2010
    1,435
    Prince Frederick
    Yes, I have done at least one.
    Mike

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    Just went through process short of submitting. I can select other for lower. Heard from others that earlier this month it was not an option. Suspect it has been fixed in NICS. I don't have any AR-10 or other non regulated lowers pending.

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    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.

    Hit and Run

    Ultimate Member
    Oct 15, 2010
    1,435
    Prince Frederick
    I finally found your original thread about this:

    https://www.mdshooters.com/showthread.php?t=240575
    Apparently I wasn't only one confused by BATF language in circular. When I submitted questions to them they referred to MSP who contacted me and explained I was reading rather plain and straightforward English incorrectly.

    I'm guessing ATF folks read it same way I did and MSP, though good folks, need to brush up on written English and proper sentence structure. They need to proof read what they submitted and coordinate with the ATF in the future. Maybe ask some third party folks to read it before publishing it.

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    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Apparently I wasn't only one confused by BATF language in circular. When I submitted questions to them they referred to MSP who contacted me and explained I was reading rather plain and straightforward English incorrectly.

    I'm guessing ATF folks read it same way I did and MSP, though good folks, need to brush up on written English and proper sentence structure. They need to proof read what they submitted and coordinate with the ATF in the future. Maybe ask some third party folks to read it before publishing it.

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    :lol:

    I should live so long to see that happen.
     

    Ammo Jon

    Ultimate Member
    Mar 3, 2008
    20,783
    Some people do report that, and that some FFLs demand an HQL for a 9mm lower. Both are wrong. Get another FFL.

    I remember something from MSP showing that all lowers are considered regulated starting this year.
     

    Ammo Jon

    Ultimate Member
    Mar 3, 2008
    20,783
    To All Maryland Federal Firearms Licensees (FFL),
    The purpose of this communication is to provide guidance to all Maryland FFLs regarding the correct entity to contact when processing firearm transfers within the state of Maryland.*
    Effective January 1, 2020, all Maryland FFLs will contact the Maryland State Police Licensing Division for*all*handgun transfers.* This will include the processing of pre-pawn, pawn redemption, and “Other” background checks.* “Other” includes frames and receivers, and the Bureau of Alcohol, Tobacco, Firearms and Explosives provided guidance that “Other” shall not be transferred across state lines to persons under the age of 21.** As such, “Other” must be processed similar to handguns for the purpose of a Brady-mandated background check.* The following is a list of transaction types, which will be processed by the Maryland State Police Licensing Division:
    *
    Sale of a Handgun
    Rental of a Handgun
    Sale of Other (Frame, Receiver, etc.)
    Private Sale of Handgun
    Pre-Pawn of a Handgun
    Private sale Other (Frame, Receiver, etc.)
    Pre-Pawn of Other (Frame, Receiver, etc.)
    Private Sale Returned to Seller Handgun
    Redemption of Handgun
    Private Sale Returned to Seller Other (Frame, Receiver, etc.)
    Redemption of Other (Frame, Receiver, etc.)
    *
    *
    All Maryland FFLs will continue to contact the FBI Criminal Justice Information Services Division’s National Instant Criminal Background Check System (NICS) Section for all long gun transfers as historically directed.*
    The FFLs must continue to conduct a background check prior to the transfer of firearms to ensure eligibility of individuals according to state and federal laws.* This communication is merely providing direction to the FFLs in Maryland to ensure the correct entity is contacted when initiating a firearm background check.*
    The following list of transaction types can only be conducted by FFLs who are Maryland Regulated Firearms Dealers. These transactions will be conducted within the Maryland State Police Licensing Portal (State Police Licensing Division):
    ·********Sale of a Handgun
    ·********Sale of Other (Frame, Receiver, etc.)
    ·********Rental of a Handgun
    ·********Private Sale of Handgun
    ·********Private sale Other (Frame, Receiver, etc.)
    ·********Private Sale Returned to Seller Handgun
    ·********Private Sale Returned to Seller Other (Frame, Receiver, etc.)
    A NICS request for the following transaction types can be initiated by visiting the NICS Request for Pawn/Redemption page located on the Maryland State Police Licensing Division website or by clicking the link below:
    NICS Request for Pawn / Redemption
    ·********Pre-Pawn of a Handgun
    ·********Pre-Pawn of Other (Frame, Receiver, etc.)
    ·********Redemption of Handgun
    ·********Redemption of Other (Frame, Receiver, etc.)
    The NICS Request for Pawn / Redemption page is password protected. All registered type 02 FFLs will be notified and provided the password to access the request form. For questions and additional information, please contact:
    Maryland State Police Licensing Division
    Phone:*410-653-4621
    Webpage:*MSP Licensing Division NICS Request for Pawn / Redemption
    *
    To initiate a long gun-related background check in the state of Maryland, please contact:
    *
    NICS Section
    Phone:* 1-877-FBI-NICS (324-6427) or via the NICS E-Check at
    www.nicsezcheckfbi.gov
    *
    If you have any questions or concerns, please contact the NICS Business Relations Team via e-mail at*NICSliaison@fbi.gov
     

    Jdk022

    Member
    Jan 15, 2020
    4
    Just went through process short of submitting. I can select other for lower. Heard from others that earlier this month it was not an option. Suspect it has been fixed in NICS. I don't have any AR-10 or other non regulated lowers pending.

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    That sounds like good news to me! I'll try my luck again on Friday when i get back in town and see how it goes. Either way, I suspect ill be picking up an 80% or two for a rainy day. Thanks for the help!
     

    Jdk022

    Member
    Jan 15, 2020
    4
    Ammo Jon, I found the following update to the MSP letter you copied above. Seems to indicate that the 77R isn't needed if the receiver isn't part of a regulated weapon.

    ADVISORY
    LD-FRU-19-002
    December 18, 2019
    FBI NICS HANDGUN TRANSACTIONS IN MARYLAND
    This advisory is being issued to clarify a recent notification sent out by FBI NICS regarding Handgun
    transfers in Maryland, including “Other” background checks. The purpose of the notification was to
    advise FFLs that beginning on January 1, 2020, all handgun transactions requiring a NICS check and
    an NTN number, will be processed through the State, including transactions previously performed by
    FBI NICS directly. These include the following transaction types as defined by FBI NICS:
     Pre-Pawn of a Handgun
     Pre-Pawn of Other (Frame, Receiver, etc.)
     Redemption of Handgun
     Redemption of Other (Frame, Receiver, etc.)
    This change in processing of NICS checks does not change the scope or requirements of Maryland’s
    regulated firearms laws. The frame of a handgun (or the receiver of an assault weapon) is a “regulated
    firearm” under State law and the transfer of that frame or receiver requires the submission of an
    application (77R) to the State Police and a Federal (NICS) and State background check. However, the
    transfer of a receiver of a long gun, not enumerated as an assault weapon under State law (an "Other"
    category firearm under Federal law), does not require the submission of an application (77R) to the
    State Police. Further, the pre-pawn and redemption of any firearm (including “Other” category frames
    and receivers) does not require a State application (77R) and State background check. Pre-pawn and
    redemption checks of State regulated firearms (handguns and assault weapons, and the frames and
    receivers of such firearms) will be submitted to the State Police for a FBI NICS check. All non-
    regulated long gun, including long gun frame or receiver transactions, will continue to be
    submitted directly to FBI NICS for a NICS check and NTN number.
     

    Hit and Run

    Ultimate Member
    Oct 15, 2010
    1,435
    Prince Frederick
    Ammo Jon, I found the following update to the MSP letter you copied above. Seems to indicate that the 77R isn't needed if the receiver isn't part of a regulated weapon.



    ADVISORY

    LD-FRU-19-002

    December 18, 2019

    FBI NICS HANDGUN TRANSACTIONS IN MARYLAND

    This advisory is being issued to clarify a recent notification sent out by FBI NICS regarding Handgun

    transfers in Maryland, including “Other” background checks. The purpose of the notification was to

    advise FFLs that beginning on January 1, 2020, all handgun transactions requiring a NICS check and

    an NTN number, will be processed through the State, including transactions previously performed by

    FBI NICS directly. These include the following transaction types as defined by FBI NICS:

     Pre-Pawn of a Handgun

     Pre-Pawn of Other (Frame, Receiver, etc.)

     Redemption of Handgun

     Redemption of Other (Frame, Receiver, etc.)

    This change in processing of NICS checks does not change the scope or requirements of Maryland’s

    regulated firearms laws. The frame of a handgun (or the receiver of an assault weapon) is a “regulated

    firearm” under State law and the transfer of that frame or receiver requires the submission of an

    application (77R) to the State Police and a Federal (NICS) and State background check. However, the

    transfer of a receiver of a long gun, not enumerated as an assault weapon under State law (an "Other"

    category firearm under Federal law), does not require the submission of an application (77R) to the

    State Police. Further, the pre-pawn and redemption of any firearm (including “Other” category frames

    and receivers) does not require a State application (77R) and State background check. Pre-pawn and

    redemption checks of State regulated firearms (handguns and assault weapons, and the frames and

    receivers of such firearms) will be submitted to the State Police for a FBI NICS check. All non-

    regulated long gun, including long gun frame or receiver transactions, will continue to be

    submitted directly to FBI NICS for a NICS check and NTN number.
    Yes, they corrected bad verbiage in early ATF guidance that they had provided ATF.

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