With so much regulation in the gun world, and evermore seemingly coming down the pike, it’s hard to know where to start when buying parts for guns—especially AR-15’s. Don’t worry, we aim to explain all of those questions, starting with this one.
So, do you need a background check to buy an upper receiver? An upper receiver does not need a background check when purchased, since it is not a regulated item by the ATF. Consequently, it can be purchased without using an FFL as an intermediary—avoiding any extra processing time and fees imposed by the FFL.
Understanding which parts on an AR-15 are and aren’t directly regulated can be tricky. Below we explain which parts require a background check and an FFL and which parts don’t.
Detailed Explanation
When buying an upper receiver, whether that is a complete upper or a stripped upper, no background check is required. The ATF does not regulate the sale and purchase of upper receivers, and the uppers therefore have no serial numbers. Consequently, they can be purchased at a gun store, or any other store for that matter, in the same manner anything else in the world is purchased. When they are purchased online, they don’t need to first be shipped to an FFL; instead, they can be sent directly to your house—or to their final destination.
Because upper receivers need neither background checks nor FFL transfers, there usually aren’t any other fees associated with purchasing them. All the purchaser must do is pay for the upper receiver and sales taxes (as well as any shipping costs). There are no additional taxes or fees due like they would be on some regulated items.
FFL’s are required only with regulated parts. On an AR-15 that means the lower receiver requires use of an FFL that will also complete a background check on the purchaser. When purchasing online, the lower cannot be sent directly to your house. It must be sent to an FFL that will process it before you can take possession. Part of that process is filling out ATF form 4473. This form asks for personal information and a questionnaire to be completed by the applicant—which is used to ensure that the purchaser is legally allowed to own a firearm in the United States.
Parts of an AR that need a background check
Lower Receiver- the lower receiver is the part of the gun that all other parts attach to. The entire fire control group—which includes the trigger—fits inside the lower receiver once completed. The buffer tube—which the stock attaches to—also connects to the lower receiver. A stripped lower is the lower receiver without any of those parts inserted. Using a simplistic explanation, it is a small, light piece of aluminum cut in a specific way that allows for other parts to be attached. These parts collectively create the entire AR-15.
As previously mentioned, the lower receiver is issued a serial number and is regulated by the ATF. When purchased, they must be transferred through an FFL before actually getting your hands on it. Any items that are sold with the lower receiver are also sent through the FFL. For example, if someone purchased a complete lower receiver, the entire lower is sent through the FFL. Not that the other parts, such as the stock, are suddenly regulated or serialized, but they are sold together as a unit. Similarly, if purchasing an entire AR-15, the entire gun is sent to the FFL for the transfer. So by association, other parts of the AR-15 can be “regulated”, but they themselves are not.
Parts of an AR that do not need a background check
None of the following AR-15 parts require a background check. We will explain what each part is to provide better comprehension. Understand, though, that it certainly isn’t a comprehensive list. It is just the major parts of AR-15’s in general.
Upper receivers- The upper receiver is the lower receiver’s counterpart. It fits snuggly with the lower, comprising the core framework of the gun. It houses the bolt carrier group, as well as the barrel and handguard. You’ve probably put that much together seeing as how you’re searching background checks on uppers. As we’ve already answered, it requires no background check or FFL transfer.
Barrels- One of the most recognizable parts of any gun is the barrel. The barrel is the long cylindrical steel piece on the end of a gun. It is hollowed out with direct correlation to the size of the projectile that will be shot out of it. The cartridge is loaded, usually through the gun, from a magazine. The bullet is then fired through the barrel and out the end.
If ever there were a part of the gun that you would think would be regulated—and therefore require a transfer through an FFL and a background check—it would be the barrel; however, that is not the case. Barrels can be bought and walked right out of the store without any paperwork whatsoever. I guess they figure that a barrel without a trigger and other gun mechanisms isn’t all that useful.
Fire control groups- Fire control groups in AR-15’s are all of the parts that make the gun go bang. Usually included are the springs, trigger, hammer, pins and any other pieces that allow the gun to 1) fire and 2) keep the associated parts fitting snuggly in the gun. They are all small pieces that fit into the lower receiver. Because these parts aren’t usually one solid unit (and instead are made up of many small parts), they can be switched out for other parts. They aren’t regulated directly, and like the others, they can be bought online and sent directly to your house—or bought at the store in the same way as buying a carton of milk.
Muzzle devices- A muzzle device is any device added onto the end of a barrel that attempts to mitigate one of the effects of shooting a gun. Common types of muzzle devices are compensators, flash hiders, muzzle breaks, and suppressors/silencers. They usually mitigate the flash coming out the end of a barrel, the noise made from the shot or the muzzle rise/recoil of the gun after a shot. None of these devices, except suppressors, need a background check and an FFL. A suppressor requires both a background check and a transfer through an FFL; There is also an additional tax that must be paid, and additional wait time before actually taking it home.
Lower parts kits- Lower parts kits are all the small, odds and ends pieces that are used to build the lower half of an AR-15. They often are bought in “kits” as a way to purchase all the small pieces together, instead of buying them one by one—though that is possible. It includes, selector switches, bolt catches, a million springs, mag catch, takedown pins, detents, and other pieces. Some lower parts kits also include fire control groups, buffer kits, pistol grips, stocks, and other pieces that would usually be included as other parts of the gun. None of these require FFL’s or background checks.
Upper parts kits- Upper parts kits are all the small pieces that fit in the upper half of the gun. These are things like the barrel nut, dust cover, springs, pins, forward assist and others. Many upper manufacturers sell the upper receivers with these parts already installed. Like the other parts, these do not require an FFL or background check.
Stocks- A Stock is the part of a gun that is braced against the shoulder. Some are extremely light and minimalist, while others are bulky, with storage containers and compartments inside. With an AR-15, the stock is usually adjustable, with several settings to suit the shooter’s preference. No direct regulation exists with these and purchasing them does not require a background check or transfer through an FFL.
Buffer kits- The buffer kit is another kit with pieces that attach the stock to the gun. It often includes buffer tubes, buffers, stocks, springs, detents, castle nuts, end plates, and other related pieces—none of which require a background check or FFL.
Handguards- Simply put, the handguard is the piece of aluminum that surrounds the barrel and provides a place for a hand to grip while shooting the gun. They do not require background checks or FFL transfers.
Bolt carrier groups- The bolt carrier group and the barrel are often referred to as the heart of the AR-15. The bolt carrier group is the steel moving part within the gun that strips a round from the magazine and transfers it to the barrel. Once it has completed the process of transferring the round to the barrel, it creates a snug fit with the barrel while the gun is firing. It then pulls the spent casing out of the barrel and grabs another round. When purchasing bolt carrier groups, you do not need a background check or FFL transfer.
Scopes, sights and mounts- Scopes and sights are the parts mounted on top of a gun (by the mount) that allow the shooter to be more accurate. Sometimes they help the shooter see long distances, while other times they are meant for close-up shooting. None of these parts are directly regulated and don’t require an FFL or background check.
Related Questions
What is an 80% lower receiver? An 80% lower receiver is a lower receiver that isn’t totally complete. It has been manufactured most of the way but still requires some gunsmithing work before it is considered a gun, and then be ready to shoot. It is a way to legally purchase a mostly-complete lower without an FFL or background check—and no serial number.
Can you buy a stripped lower without an FFL? To purchase a completed or a stripped lower a background check must be done and the lower must be transferred through an FFL. It is the part of an AR-15 that is considered a gun, and therefore, subject to all the laws associated with purchasing a firearm.
