Done with your Polymer80 build? Here's what to do next:
Polymer80 is a company that makes what’s known in the firearms industry as “80% lowers.” Think of an “80% lower” as the unfinished foundation of a firearm. It is a piece of plastic or metal (or a combination of the two) that kind of looks like a firearm, but it isn’t quite there yet. There’s more work that needs to be done to the “80% lower” before someone can build a functional firearm from it.
From a legal standpoint the component piece you build when you finish an “80% lower” is the piece that qualifies as a “firearm.” To put this into perspective, say you go out and buy a Glock 19. You could disassemble that Glock 19 into its dozens of individual pieces. You could then sell all of pieces on Ebay, except for one piece: the pistol frame (basically, the “lower receiver” of the pistol). The frame of the Glock 19 is what the law views as the “firearm” itself. The only way you could legally sell that frame is if you sold it in the same manner as if you were selling the complete Glock 19.
The reasoning behind this makes some sense: it would be horribly inefficient to regulate every part of a firearm as a “firearm.” Instead, we have identified the core, foundational component of the firearm and have classified that piece—and that piece only—as a firearm.
So, in the context of the “lower receiver” (or "frame" -- the terms are sometimes used interchangeably) specifically, at what point in the manufacturing process does a chunk of raw material make the transition to something the law regulates as a “firearm”? Well, in the context of the “lower receiver,” one could say the transition from raw material to “firearm” takes place somewhere around the point of 80% completion.
As I’ve previously mentioned in this blog, it’s perfectly legal federally and in many states for an individual to build their own firearm, provided the intent in doing so is not to be engaged in a business (otherwise a federal license would be required).
An “80% lower,” therefore, provides a relatively easy way for someone who wants to build their own firearm to do so. Moreover, it allows an individual to build something that looks and functions like a commercially available firearm rather than a homemade, potato gun-looking thing.
Now, that we're familiar with the concept of an "80% lower," let's get back to the point of this post: if you live in Michigan and order a Polymer80, or otherwise build or wish to build yourself something that meets the definition of a “pistol,” you need to take further action to stay in compliance with Michigan law.
This is because Michigan has a registration requirement for pistols. Unless you (a) are an FFL; (b) are buying a pistol from an FFL (not applicable in this context); (c) have a CPL; or (d) are currently employed as a Michigan police officer, you must first apply for and receive a pistol purchase permit from your local law enforcement department before you finish your Polymer80 build.
Even if you find yourself exempt from the pistol purchase permit requirement, you still must complete a pistol sales record and provide a copy of the pistol sales record to your local law enforcement department. You have 10 days from the date on which you finish your Polymer 80 (or other “80% lower”) to fulfill this requirement.
Note that the Michigan State Police does not require a serial number on the pistol sales record. Accordingly, you can leave that field blank if you do not wish to serialize the frame of your Polymer80.
If you have any questions about any of the above, feel free to send me an email (andy@vellichorlaw.com).
