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Wisconsin Handgun Check Requirements for Rifle Actions?
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I've purchased a mini-masuer action from a fellow out of state. Wisconsin apparently has a requirement that says in effect that an action that does not have rifle length barrel or rifle type stock attached must undergo an additional check requiring $13 and 48 hour wait. I'm not sure of the official wording. The guy I use as my transfer FFL is not sure if an un-barreled mauser type bolt action would fall under this rule. When I got my last stripped AR-15 lower, he insisted that it be assembled with parts kit and butt stock before he handed it over or he would have to do the additional checking to cover his butt. Any WI FFL's out there that are familiar with this and could clarify this and point me towards some ordinance number to reference?
 
Posts: 714 | Location: Milwaukee, Wisconsin | Registered: 09 October 2003Reply With Quote
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That's the first I've heard of that. Everyone that I know that's purchased an action, get's treated just like any long gun. Instant check, no wait, no fee.


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Posts: 1992 | Location: WI | Registered: 28 September 2007Reply With Quote
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That was my impression as well. I think he may be overreacting to some line in the regulation. As he related it to me, it had something to do with being able to make a pistol out of a rifle action, or possibly the AR actions that are used for pistols. Either way, it doesn't make sense. But then again most of these laws don't.
 
Posts: 714 | Location: Milwaukee, Wisconsin | Registered: 09 October 2003Reply With Quote
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no, wrong, and dunderheaded .. if you make a "pistol" from a rifle action, you have created a short barreled rifle of AOW ,, and now have an illegal gun ... and any idiot with a pipewrench can remove a barrel

your guy is wrong, and to charge you is wrong. if the manf calls it a rifle, so does the atf


#dumptrump

opinions vary band of bubbas and STC hunting Club

Information on Ammoguide about
the416AR, 458AR, 470AR, 500AR
What is an AR round? Case Drawings 416-458-470AR and 500AR.
476AR,
http://www.weaponsmith.com
 
Posts: 38607 | Location: Conroe, TX | Registered: 01 June 2002Reply With Quote
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I live in Illannoy and have had the same problem doing an FFL transfer for a Siamese Mauser action that I bought from a member here. I had to fill out a handgun purchase form (though I did write in bold letters at the bottom that this was not for a handgun but for a 303 rifle that I was going to build) and I had to wait three days before I could take it home.

Stupid rules, but we have to live by them, unfortunately.


Mehul Kamdar

"I ask, sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them."-- Patrick Henry

 
Posts: 2717 | Location: Houston, TX | Registered: 23 May 2002Reply With Quote
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Was it a rifle in the past? If so, it can ONLY be built into a rifle in the future and is sold as a rifle. I believe you can buy the Savage target actions and they would be a 'undesignated' action that could be used for rifle or pistol, but if the action was initially a rifle, legally you can only build it into a rifle again...at least that is MY understanding, and that's how I transfer them when someone buys an action from me.


Shoot straight, shoot often.
Matt
 
Posts: 1174 | Location: Wisconsin | Registered: 19 July 2001Reply With Quote
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quote:
Originally posted by matt salm:
Was it a rifle in the past? If so, it can ONLY be built into a rifle in the future and is sold as a rifle. I believe you can buy the Savage target actions and they would be a 'undesignated' action that could be used for rifle or pistol, but if the action was initially a rifle, legally you can only build it into a rifle again...at least that is MY understanding, and that's how I transfer them when someone buys an action from me.


Thanks Matt, that "undesignated" description nails the problem. I don't know if it was ever a complete rifle. It is in the white so I doubt it. Even if it were, I wouldn't be able to prove it. I will ask though. Thanks.
 
Posts: 714 | Location: Milwaukee, Wisconsin | Registered: 09 October 2003Reply With Quote
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State and Local laws take precedence over Federal laws.


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Posts: 1283 | Registered: 15 December 2008Reply With Quote
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quote:
Originally posted by DocEd:
State and Local laws take precedence over Federal laws.


Unless apparently, you are trying to keep out illegal aliens...
 
Posts: 714 | Location: Milwaukee, Wisconsin | Registered: 09 October 2003Reply With Quote
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quote:
Originally posted by DocEd:
State and Local laws take precedence over Federal laws.


only where federal law is silent --

fedral law is NOT silent in this matter -- a rifle action, so designated by maker, is always a rifle (with the interesting distinction of encore/contender setups) .. and making it a pistol without FEDERAL paperwork makes it an short barreled rifle, requiring a tax stamp to own as an "AWO" ..

in concept, the state law, declaring it a pistol, changes the legal status of the action to a PISTOL as it was forced through the PISTOL procress ... which is in direct violation of federal law .. once a rifle/long gun, always one.

Matt Slam -
the atf doesn't recognize undesgnated actions .. they leave the factory one or the other ... ask the guy making "ak" and AR receivers .. otherwise identical, but must be designated one or the other, as building a pistol on a rifle action WILL result in your long term stay at the greybar hotel


#dumptrump

opinions vary band of bubbas and STC hunting Club

Information on Ammoguide about
the416AR, 458AR, 470AR, 500AR
What is an AR round? Case Drawings 416-458-470AR and 500AR.
476AR,
http://www.weaponsmith.com
 
Posts: 38607 | Location: Conroe, TX | Registered: 01 June 2002Reply With Quote
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The way the BATFE inspector explained it to me during my audit last Jan. was this:
A rifle receiver is not rifle, as its not assembled, and because its not a rifle, therefore the transfer must be handled as if it were a handgun. So... it can not be transferred to any one under 21, and my purchasers in the State of VA can not transfer more than one receiver in 30 days.

You can all scream BS as loud as you want, but that was what the man said. My guess is that your dealer was told the same thing, and so he transferred it as if it where a handgun, just like the Agent told me.
BTW I think its the most twisted up bit of logic that I ever heard, but its not logical, its bureaucratic garden conditioner at it's finest.


Rusty's Action Works
Montross VA.
Action work for Cowboy Shooters &
Manufacturer of Stylized Rigby rifle sights. http://i61.photobucket.com/alb.../th_isofrontleft.jpg
 
Posts: 863 | Location: Northern Neck Va | Registered: 14 December 2005Reply With Quote
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