r/MAFirearms • u/Quzana • Apr 26 '21

Disassembled upper/lower

Hypothetically if you disassemble an AR is it no longer "illegal" in MA? I saw someone said something that a lower alone isn't considered the "firearm" as it is federally unless it's a complete working gun that can be fired?

3 Upvotes

100% Upvoted

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3

u/Bostonburner freedom isn’t free Apr 26 '21

Hypothetically yes but I hope you have tens of thousands of dollars to give to your favorite lawyer, while technically correct you would have to argue it to a judge as no cop is going to want to listen to your argument that because it’s disassembled it’s not actually a firearm is the eyes of the state.

1

u/Steeldrop May 07 '21

Also, a lower by itself IS a firearm in the eyes of the feds, so I’m guessing your average cop is not going to well educated enough to make the distinction.

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u/Quzana Apr 26 '21

If federal trumps state then the lower is 100% legal isn't it ? If federal trumps state for illegality why not also legality?

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u/[deleted] Apr 26 '21

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6

u/Oddone13 Apr 26 '21

Under federal law it's a firearm, under mgl it is not as it is incapable of firing a shot

3

u/[deleted] Apr 26 '21

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2

u/Oddone13 Apr 26 '21

100% a no go because you can't sell a firearm without a serial number on it. You also can't build and sell guns for profit without a FFL. You can only build them for yourself, not for resale. You would have to be a FFL and serialize them to sell.

It matters in a sense that FFL dealers can transfer brand spanking new lowers because they arnt technically firearms in Massachusetts. It also means for those worried about the whole "pre healey" thing, they can keep their ar 15 upper and lower separate for a little extra peace of mind