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SBR or pistol?
- Thread starter mikenjapan
- Start date
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That's the iffy part of buying used ARs. You don't know what the lower was registered as. If it started life as a rifle. It has to stay a rifle. If it was a pistol, you can make it Into a rifle. Just not vice versa tho.
Jevaughn
Master
If you put a pistol length barrel on it with that stock, it's an SBR, period. If the lower receiver was registered as a rifle, then it is a rifle or SBR and can't legally be made as a pistol without a form 1 filled out. It's confusing and convoluted and bullshit red tape. There are only two ways to change it though. One, get elected officials in office who are willing to protect our rights and repeal the NFA and other infringements. Two, the people to get fed up enough to stand up and rally against it to a point where we leave the government no real choice, but that could quickly turn ugly as hell.
Check the side of it. If it's let's say an Anderson multi cal lower, I think they can be made into whatever. There's another legal loophole. Some lowers are registered simply as firearms lol. And are neither a rifle nor pistol, but can be an SBR, but not when it has a brace lol. If that makes any sense
All of the lowers are multi cals that I built. Never registered as anything.
So if I take the stock off, I am good. Got it.
Rebel_Rider1969
Well Known Nuisance
Here
Not necessarily.
Where did the lower originate? Was it as pictured, did it have an upper, was it stripped?
Are you the original purchaser?
We need to be 100% clear. Some folks don't care and it probably doesn't matter, but if enough digging is done there can be a paper trail to lead you to prison.
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Yeah by now you'd think that companies would have to put a permanent stamp like they do with caliber etc on ARs. If it's sold as a rifle, stamp a mark that shows that. Then when they sell a pistol model, stamp that on the reviever also someplace. Then on the multi cal lowers have them stamped firearm.
Personally I think they like the ambiguity. You rarely if ever hear of a person being arrested for just breaking a SBR rule by itself. Typically you'll see on the news where Joe Blow got busted with a kilo and then they look at the guns with a fine tooth comb and find all the extra charges they can. That way they know at least one charge will stick if all else fails. It also makes them want to take a plea when the list of charges are so long. So they like it when people aren't sure on what they have so when the time comes they can use that as a weapon in court. If that makes any sense lol
Now I'm not saying it never happens. Best thing to do tho is call you gunstore you bought it from and ask them what it was when you bought it. They'll know. If you bought it privately ask them also. Someone here may know if there's a site someplace or a number to call the ATF and have them check thier records. Not sure if that's possible tho. If all else fails your safest bet is to simply keep in in rifle form at 16 inches, never shorter. Then you're ok.
When you get ready to get a pistol version, make sure it's a multi cal lower, or buy it new as a pistol. Then you know you're ok.....
For now at least lol
Personally I think they like the ambiguity. You rarely if ever hear of a person being arrested for just breaking a SBR rule by itself. Typically you'll see on the news where Joe Blow got busted with a kilo and then they look at the guns with a fine tooth comb and find all the extra charges they can. That way they know at least one charge will stick if all else fails. It also makes them want to take a plea when the list of charges are so long. So they like it when people aren't sure on what they have so when the time comes they can use that as a weapon in court. If that makes any sense lol
Now I'm not saying it never happens. Best thing to do tho is call you gunstore you bought it from and ask them what it was when you bought it. They'll know. If you bought it privately ask them also. Someone here may know if there's a site someplace or a number to call the ATF and have them check thier records. Not sure if that's possible tho. If all else fails your safest bet is to simply keep in in rifle form at 16 inches, never shorter. Then you're ok.
When you get ready to get a pistol version, make sure it's a multi cal lower, or buy it new as a pistol. Then you know you're ok.....
For now at least lol
Exactly. It just means it can take many caliber uppers. The term now is loosely misused as a way of saying it's a lower than is a "firearm" and can take any stock and barrel size. They need a actual stamp of what the hell they all are. This is always in back of mind when used AR shopping. Especially home built ones
I bought and built the lower. It’s not registered as a rifle or pistol. No prison for me. I will pull off the butt stock before I put a barrel on it.
If it's fresh, always put a pistol upper on it first. It's an honor code basically, but makes it to where you can have multiple combinations legally.
Brace on short or long barrel, or stock on a long barrel. Switch it back and forth. Legal as of today.
zdiver99
Master
I want to start off by saying I am NOT an Attorney. As I understand the determination if an AR lower a rifle or pistol is the way the FFL dealer fills out the FORM 4473 section C question 24. There are 3 options:
1. Handgun
2. Long Gun, (rifle or shotgun)
3. Other Firearm (frame or receiver)
If handgun is checked the receiver can be made into a pistol or rifle. Once it is made into a rifle, by law, it can never be made into a pistol.
If long gun is checked it must be made into a rifle. Once it is made into a rifle, by law, it can never be made into a pistol.
If "other firearm" is checked it can be made into either a pistol or rifle. Once it is made into a rifle, by law, it can never be made into a pistol.
1. Handgun
2. Long Gun, (rifle or shotgun)
3. Other Firearm (frame or receiver)
If handgun is checked the receiver can be made into a pistol or rifle. Once it is made into a rifle, by law, it can never be made into a pistol.
If long gun is checked it must be made into a rifle. Once it is made into a rifle, by law, it can never be made into a pistol.
If "other firearm" is checked it can be made into either a pistol or rifle. Once it is made into a rifle, by law, it can never be made into a pistol.
You have a rifle lower in your hand unless you see a 4473 seeing that serial number being sold as pistol. If other then the fact the only build status you know of is rifle then that would mean once a rifle always a rifle.
If you buy a lower complete or stripped from a manufacture it is transferred to your FFl as a rifle or pistol if complete and firearm if it is stripped. I think the last complete lower I bought from Grey Man was listed as a firearm because it didn't have a stock or a brace on it. You should be able to call the manufacturer and give them the serial number and see if they can tell you what it left them as.
They don't stamp them because then they would have to keep three different piles of receivers segregated and run different assembly lines to put them together. Plus they would have to have people designated to make sure they don't get mixed up. Imagine the pain in the ass that would be.
Little Jack
Master
Pistol first, you can go back and forth.
Rifle first, always a rifle(without nfa paperwork)
FFL should transfer the receiver the same way it came in. Ie don't call it a "handgun" if it came from manufacturer as an "other"
