Used stripped lower, not knowing if its been a rifle... Can i use shoot it as a pistol?

[kwando]

I am aware of the "other" classification on the 4473, but my question below applies to a used stripped lower.

My question is if I am buying a used stripped lower from someone and say I don't know if that lower has been assembled as a rifle (buttstock). My FFL will check "other" on my 4473 when i do my paper work, can the ATF prove it was once a rifle?

I plan to SBR this lower as well, but want to shoot it was a pistol until my paperwork is approved.

[merl]

If there is a 4473 out there saying Rifle then they can prove it was once a rifle. Thats quite a bit of work to nail an otherwise innocent man to the wall.

However you are starting fresh with an 'Other', seems like a DADT situation. You reset the status when transferred.

[Wulf202]

Not quite. I posted some atf letters adressing this in another thread. It cant have been built as a rifle. 4473 as a rifle is not proof.

That being said its the atf. Spend 100 on a pistol lower and dont worry about it.

[kwando]

I bought a used Gen2 Noveske from someone, then the next day i got an email saying in stock notification for a new one. Doh! Bad timing i guess.

I have a pistol marked lower already.

[sportbikeco]

If there is a 4473 out there saying Rifle then they can prove it was once a rifle. Thats quite a bit of work to nail an otherwise innocent man to the wall.

However you are starting fresh with an 'Other', seems like a DADT situation. You reset the status when transferred.

I don't this this is entirely accurate.

The only lowers that you can not make pistols from are lowers that began life as a rifle from the factory.

[spqrzilla]

I don't this this is entirely accurate.

The only lowers that you can not make pistols from are lowers that began life as a rifle from the factory.

No, you are definitely not correct. The ATF has made rulings that state that if a lower is made into a rifle, it is a rifle from then on. It cannot be built as a legal pistol thereafter.

[spqrzilla]

My advice to OP is that its not worth saving $100 over. If that, since you can transfer the lower to someone making a rifle.

[sportbikeco]

No, you are definitely not correct. The ATF has made rulings that state that if a lower is made into a rifle, it is a rifle from then on. It cannot be built as a legal pistol thereafter.

Technically if it was made into a pistol first it can become a rifle then be made into a pistol again.

I doubt stripping a receiver and selling it through an ffl as an "other" does "reset the status" as you suggest either.

[kwando]

I believe once it's a rifle you cannot "return" it back to pistol.

[SAnd]

Here is a link to the ATF page with "ATF Ruling 2011-4 – Pistols Configured from Rifles; Rifles Configured from Pistols" http://www.atf.gov/content/2011-4-%E2%80%93-pistols-configured-rifles-rifles-configured-pistols There is a link on that page to a pdf copy of the ruling. When I click on the link to the pdf it freezes my computer. I can right click and save the pdf document to my computer. If you open the document / ruling and scroll down you get to where it has 3 "held further" that summarizes what you can and can't do according to the ATF. Held further, a firearm, as defined by 26 U.S.C. 5845(a)(3) and (a)(4), is not made when a pistol is attached to a part or parts designed to convert the pistol into a rifle with a barrel of 16 inches or more in length, and the parts are later unassembled in a configuration not regulated under the NFA (e.g., as a pistol). Sorry I don't know how I did two posts

[SAnd]

Here is a link to the ATF page with "ATF Ruling 2011-4 – Pistols Configured from Rifles; Rifles Configured from Pistols" http://www.atf.gov/content/2011-4-%E2%80%93-pistols-configured-rifles-rifles-configured-pistols There is a link on that page to a pdf copy of the ruling. When I click on the link to the pdf it freezes my computer. I can right click and save the pdf document to my computer. If you open the document / ruling and scroll down you get to where it has 3 "held further" that summarizes what you can and can't do according to the ATF. The second one says- Held further, a firearm, as defined by 26 U.S.C. 5845(a)(3) and (a)(4), is not made when a pistol is attached to a part or parts designed to convert the pistol into a rifle with a barrel of 16 inches or more in length, and the parts are later unassembled in a configuration not regulated under the NFA (e.g., as a pistol). The third one says- Held further, a firearm, as defined by 26 U.S.C. 5845(a)(4), is made when a handgun or other weapon with an overall length of less than 26 inches, or a barrel or barrels of less than 16 inches in length, is assembled or produced from a weapon originally assembled or produced only as a rifle. Such weapons must be registered and are subject to all requirements of the NFA. Sorry about it running together but my computer won't let me start new paragraphs.

[Graves]

Even if you can save a couple bucks there are plenty of virgins on the market...why risk it?

[crays]

. Sorry about it running together but my computer won't let me start new paragraphs.[/SIZE][/FONT][/SIZE][/FONT]
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There's a thread on fixing that in the Site forum. Had the same problem until yesterday.

Sent via my Mobile Work Avoidance Device

[Great-Kazoo]

I believe once it's a rifle you cannot "return" it back to pistol.

False. Pistol to rifle to pistol. Unable , illegal to do rifle to pistol, without SBR / NFA paperwork approved.