Understanding Upper Receivers
Defining the Upper Receiver
The quiet hum of a workshop, the satisfying click of metal on metal – for many firearm enthusiasts in Washington State, the allure of building or customizing a rifle is undeniable. But navigating the legal landscape surrounding firearms can feel like traversing a dense forest. One of the most common questions for individuals interested in this hobby is: Can I Buy An Upper Receiver In Washington State? This guide aims to provide clarity and direction on this complex topic, helping you understand the regulations and make informed decisions while staying within the confines of the law.
Owning a firearm is a significant responsibility, and understanding the legal framework within Washington State is crucial. Ignorance of the law is no defense, and the consequences of non-compliance can be severe. This article will serve as a straightforward introduction to the topic of upper receiver purchases, designed to help you understand the relevant laws and navigate the process safely and legally. It is essential to remember that this information is for informational purposes only and should not be considered legal advice. Always consult with a qualified attorney for specific legal guidance.
Understanding the very building blocks of your firearm begins with understanding its components. An upper receiver, in the context of a semi-automatic rifle, is essentially the top half of the firearm. It houses the bolt carrier group, the barrel, and various other crucial components that contribute to the firing mechanism. The upper receiver is the business end of the gun, where the bullet is loaded, fired, and expelled.
The upper receiver, along with its associated parts, is a crucial piece in assembling a functional firearm. It’s where the magic happens: where the cartridge is chambered, where the gases from the ignited gunpowder propel the bullet down the barrel, and where the spent casing is ejected.
Upper Receiver vs. Complete Firearm
Unlike a complete firearm, an upper receiver *usually* doesn’t directly constitute a firearm under federal law. However, Washington State law may have unique definitions and regulations. The legal status of an upper receiver can be a bit murky because it’s technically a component but essential for the functioning of a firearm. The distinction between an upper receiver and a lower receiver is key to understanding the legal ramifications. The lower receiver, which houses the trigger mechanism and is typically serialized, is almost always considered the regulated “firearm” under federal and state law.
Washington State Gun Laws Relevant to Upper Receivers
Defining “Firearm” Under WA Law
In Washington State, understanding the legal landscape of upper receivers requires a clear grasp of how the state defines a “firearm.” Washington law may have specific regulations concerning firearms. In the state of Washington, a “firearm” is typically defined as a weapon that expels a projectile by the action of an explosive. This is a very broad definition and can encompass various types of guns, including rifles, shotguns, and handguns.
Therefore, while a standalone upper receiver might not inherently be considered a complete “firearm” under Washington’s definition, it’s a critical component of one. This can influence the way such components are treated under state law, particularly when it comes to sales, transfers, and background checks.
Background Checks and Waiting Periods
If the upper receiver is being purchased with the intention of assembling a complete firearm or is combined with a lower receiver, it will probably be subject to the background check procedures associated with firearm purchases. This usually involves submitting information to the state and federal authorities and waiting for approval before the sale can be finalized.
Under Washington State law, most firearm purchases, including those that involve parts that could be easily assembled into a functional firearm, mandate a background check. The background check is designed to assess whether a potential purchaser is legally eligible to own a firearm. Disqualifying factors can include a felony conviction, a history of domestic violence, or certain mental health conditions.
Washington State has implemented procedures for background checks and waiting periods. Typically, when purchasing a complete firearm, or a serialized lower receiver, you’ll be required to go through a licensed dealer. The dealer will initiate a background check through the Washington State Patrol (WSP), which also may have to contact the FBI’s National Instant Criminal Background Check System (NICS).
The waiting period in Washington State, after the background check has been initiated, before you can take possession of a firearm, varies. There is a waiting period to obtain a handgun purchase. The waiting period for long guns is usually shorter, but still might exist.
Enhanced Background Checks
Washington has adopted a system of enhanced background checks for the purchase of certain firearms. This includes more in-depth investigations into a buyer’s history. Even though an upper receiver itself may not be considered a complete firearm, a dealer may need to treat the sale like one if a lower receiver accompanies the upper receiver purchase or if it is intended to be assembled into a complete firearm. This could involve an enhanced background check depending on the exact circumstances.
Restrictions on Certain Types of Upper Receivers
Washington has regulations regarding what is considered an “assault weapon” and what features constitute a prohibited weapon. The specifics of this definition and list of banned features are very complicated and constantly changing. The presence of these features on an upper receiver or the resulting combination of the upper and lower receiver to complete a rifle might affect its legal status.
The state’s definition of assault weapons may restrict the sale or possession of certain types of upper receivers, depending on the features they possess. This might relate to barrel length, the presence of flash suppressors or threaded barrels, pistol grips, or other characteristics. Understanding Washington’s definition of “assault weapons” is absolutely crucial when considering the purchase of any upper receiver, since the law is often focused on specific features.
Other Relevant Laws
You’ll want to check state and federal laws to determine what is necessary for the safe storage of your firearms. Washington does have safe storage laws. If you own a firearm or component, such as an upper receiver, you are responsible for securing it to prevent unauthorized access.
Where Can You Buy an Upper Receiver in Washington State?
The primary place you can buy an upper receiver in Washington State is through a licensed firearms dealer. These dealers are required to follow all state and federal laws when selling firearms and firearm components. The dealer will likely conduct the necessary background checks and ensure you meet all legal requirements.
Purchasing from licensed dealers ensures compliance with state and federal regulations and provides some level of consumer protection. Often, the dealer will need to see your valid identification, such as a driver’s license.
Another option is to buy an upper receiver from an online retailer. If you purchase from an online vendor, they are typically required to ship it to a licensed firearms dealer in Washington. You then have to complete the background check process at the dealer before taking possession of the upper receiver.
What to Consider Before Purchasing
Research and Compliance
When purchasing an upper receiver, you must comply with all federal and state laws. You’re responsible for knowing the laws and ensuring your purchase is legal. When assembling a firearm, it is your responsibility to know and understand the state and federal laws that apply. It is important to be familiar with the laws concerning complete firearms and components.
Understanding your responsibility is paramount. Keep the law in mind for the entire process, from the initial search to the final assembly of your rifle.
Compatibility
Compatibility between an upper and a lower receiver is important. You should ensure that the upper receiver is compatible with the lower receiver you plan to use. The receiver, the barrel, the bolt carrier group, and other components should be well matched to ensure safe and reliable operation. If you don’t have the right components, your firearm may not operate properly.
Common Misconceptions and FAQs
Many people aren’t sure exactly how these components are classified. Can you have an upper receiver shipped to your door? Do background checks apply?
In Washington, it is generally accepted that the serialized lower receiver is considered the firearm. However, this can vary depending on factors like features and intended use.
An upper receiver can be acquired online, but typically it must be transferred to a licensed dealer in Washington State. Then, you will have to go through a background check to take possession of the upper receiver.
No, upper receivers are not necessarily required to be registered in Washington State. However, components that are used to make a firearm may be subject to specific regulations.
No, the barrel’s length and features can definitely affect the legal status. Barrel length and the inclusion of accessories like flash hiders and pistol grips are crucial factors in Washington’s assault weapon laws. Always ensure that the configuration complies with all state and federal regulations.
Conclusion
This guide is intended to give you a general understanding of the process. Laws are always subject to change. It’s essential to regularly review the state’s gun laws to stay informed about any updates or amendments.
The purchase of an upper receiver in Washington State requires a detailed understanding of state and federal laws. It is not a simple process, and the legal landscape can be very complex. The key to navigating this is to be well-informed, be careful, and always prioritize legal compliance and safety. Researching the laws and regulations, and understanding the distinctions between firearms, is crucial for staying within the law.
Remember, this guide is not legal advice. If you are unsure about any aspect of the law, consult a qualified attorney specializing in firearm law. Their expert advice can help you make informed decisions and navigate the process with confidence.
