A couple people are saying the lower is the AR-15. I don't agree, but I also think that you're going to have significant trouble replacing it.
What people are referring to is 9.41.010 (2)(a)(i). Bold is my emphasis
(2)(a) "Assault weapon" means:
(i) Any of the following specific firearms regardless of which company produced and manufactured the firearm:
...
AR15, M16, or M4 in all forms
Firearm has a specific definition, which is separate from Frame or receiver.
(20) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. For the purposes of RCW 9.41.040, "firearm" also includes frames and receivers. "Firearm" does not include a flare gun or other pyrotechnic visual distress signaling device, or a powder-actuated tool or other device designed solely to be used for construction purposes.
You can't fire anything from a lower receiver, it's not a firearm. Washington doesn't define it the same way Federal law does. There's also an exemption in 9.41.010 (2)(c) for certain manually operated arms, which AR lowers can be built into.
(c) "Assault weapon" does not include antique firearms, any firearm that has been made permanently inoperable, or any firearm that is manually operated by bolt, pump, lever, or slide action.
Finding an FFL who's willing to transfer a lower to you is likely to be near impossible though.
I love how you’re referencing the law and pointing out the discrepancy and the commenters are like..yea but the laws don’t say lowers aren’t firearms..while not referencing any of the laws.
An FFL was required to transfer a lower receiver into your possession. An upper receiver or any other non NFA accessories can be shipped directly to you.
An FFL was required to transfer a lower receiver into your possession. An upper receiver or any other non NFA accessories can be shipped directly to you.
There is no state where you can have a lower receiver shipped directly to you, because the federal government defines a lower receiver as a firearm. The section I'm referring to is codified in 18 USC 921 (a)(3)(B).
(3) The term "firearm" means (A) any weapon (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; (B) the frame or receiver of any such weapon;
Washington law doesn't define a frame or receiver this way. There are two separate terms defining Firearm versus Frame or Receiver. These are laid out in RCW 9.41.010.
(20) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. For the purposes of RCW 9.41.040, "firearm" also includes frames and receivers. "Firearm" does not include a flare gun or other pyrotechnic visual distress signaling device, or a powder-actuated tool or other device designed solely to be used for construction purposes.
(21)(a) "Frame or receiver" means a part of a firearm that, when the complete firearm is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect the fire control components. Any such part identified with a serial number shall be presumed, absent an official determination by the bureau of alcohol, tobacco, firearms, and explosives or other reliable evidence to the contrary, to be a frame or receiver.
I am not aware of any point where frames and receivers are defined as firearms in Washington law. Firearms, and frames and receivers are consistently differentiated. For example, 9.41.111 deals with transfers of frames and receivers.
(2) A dealer may not deliver a firearm frame or receiver to a purchaser or transferee unless the dealer first conducts a background check of the applicant through the state firearms background check system and the requirements and time periods in RCW 9.41.092 have been satisfied.
Firearms sales, transfers, and background checks are separate, in 9.41.113. If frames and receivers were defined as firearms, there would be no need to have separate sections dealing with frames and receivers.
I'm also not aware of any place in Washington law where AR-15 lowers are treated differently than other lowers.
Washington State follows those definitions for ARs
Can you point me to where Washington has codified this in state law? I'm open to the possibility that I'm wrong, but I need a clear picture of how and why I'm wrong.
You didn't read what I commented. I said in the beginning that you CAN'T have a lower shipped to you, but you CAN have an upper & other NON NFA accessories shipped to you. I also said the state FOLLOWS what the Feds say because there isn't a specific code that I know of that states otherwise.
I said in the beginning that you CAN'T have a lower shipped to you
Correct. I clarified that can't happen in any state due to federal regulations. It's not special or specific to Washington.
I also said the state FOLLOWS what the Feds say because there isn't a specific code that I know of that states otherwise.
You're not aware of any place where a receiver is defined as a firearm in state law. That would mean that 9.41.010 (2)(a)(i) likely does not define AR-15 lower receivers as firearms, because it would break from the rest of state law.
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u/ee-5e-ae-fb-f6-3c Mason County 6d ago
A couple people are saying the lower is the AR-15. I don't agree, but I also think that you're going to have significant trouble replacing it.
What people are referring to is 9.41.010 (2)(a)(i). Bold is my emphasis
Firearm has a specific definition, which is separate from Frame or receiver.
You can't fire anything from a lower receiver, it's not a firearm. Washington doesn't define it the same way Federal law does. There's also an exemption in 9.41.010 (2)(c) for certain manually operated arms, which AR lowers can be built into.
Finding an FFL who's willing to transfer a lower to you is likely to be near impossible though.