Using Your SBR upper as pistol until the stamp arrives?

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10-07-2011, 16:26
SuperiorDG

Using Your SBR upper as pistol until the stamp arrives?

Okay, this is not completely a NFA question, but here goes. I want to do a SBR and found the upper I like. Can I buy it and use it on an AR lower that I have changed out the buffer tube to a pistol buffer until the stamp arrives. Also, can I then put it one a rifle lower or switch out the buffer back to the stock buffer once I have the stamp? I thought that for the lower to be considered a "pistol" it had to be registered as such, just changing the buffer tube doesn't do it.

Thanks for the help.
10-07-2011, 16:30
DOC

It has to "Start out as a pistol." you can't have a rifle lower and put a pistol upper on it then its a unregistered SBR. However if you have a lower that is marked a pistol then you can put a shorter barrel on it. Just not a stock.
10-07-2011, 16:36
Fromk

I don't know much about the NFA stuff but I am familiar with the pistol side. It has to be a lower marked "pistol" and that's all it is allowed to be just like Doc said. In fact you may not even be able to get the upper without having either an SBR or a pistol lower to begin with.
10-07-2011, 16:47
SuperiorDG

Quote:

Originally Posted by Fromk

I don't know much about the NFA stuff but I am familiar with the pistol side. It has to be a lower marked "pistol" and that's all it is allowed to be just like Doc said. In fact you may not even be able to get the upper without having either an SBR or a pistol lower to begin with.

This is what I was thinking. I guess you can't believe everything you hear from gun store employees.
10-07-2011, 16:58
DANGERTASTIC!

You can order and recieve any lenght upper that you want right now and have it shipped to your door.

Just make sure you dont have a lower reciver (rifle) in the same house or your possesion.

That is classified as "Constructive intent".

I wouldnt take the chance if you have a lower other than your pistol lower.

If your stamp is in the mail and almost her, Im sure you could justify it, but would it be worth it.
10-07-2011, 19:11
Great-Kazoo

Did you buy the lower as an assembled rifle config or even a complete rifle? If not and the ffl wrote it as other as they should have you would be GTG. A lot rides on vagueness if the lower /rifle was purchased as allowed in CO through a private party sale.
Regarding bbls less than 16" in your home i have numerous less than 16' bbls in different calibers for a SBR. I also have numerous AR's, i do not have them all laying in a pile i keep the less than 16" uppers cased separate along with my tax stamp for the lower, a 10.5 resides on the lower, for personal use of course.
10-07-2011, 19:26
JohnnyEgo

I don't know everything about ATF regs, but I recall nothing about having to have the lower actually marked 'pistol'. You do have to build off a virgin receiver. On the old 4473, a stripped lower would be marked as 'other'. I don't recall if that is how the updated 4473 reads. If your lower was transferred to you as a handgun or 'other' on the 4473, and it's first assembled configuration is that of a pistol, you are good to go.
10-07-2011, 20:28
patrick0685

Quote:

Originally Posted by DOC

It has to "Start out as a pistol." you can't have a rifle lower and put a pistol upper on it then its a unregistered SBR. However if you have a lower that is marked a pistol then you can put a shorter barrel on it. Just not a stock.

the pistol markings are worthless (except to make extra money from some people), it has to start out as a pistol this is true but any lower transferred correctly can be made into a pistol lower, once you put a regular buffer tube on the lower though it is officially a rifle and can not go back to a pistol
10-07-2011, 21:09
Great-Kazoo

Quote:

Originally Posted by patrick0685

the pistol markings are worthless (except to make extra money from some people), it has to start out as a pistol this is true but any lower transferred correctly can be made into a pistol lower, once you put a regular buffer tube on the lower though it is officially a rifle and can not go back to a pistol

Incorrect regarding unable to convert back. A pistol can go from a pistol to rifle back to pistol

http://www.atf.gov/regulations-rulin...ing-2011-4.pdf

a rifle cannot go from rifle - pistol (legally) without the possession of a tax stamp. I am converting a Draco-C Ak pistol in to a rifle and once i submit my Form 1 then receive the stamp i will convert it to a SBR AK.
10-07-2011, 22:52
patrick0685

nice thats a new change
10-08-2011, 16:16
Great-Kazoo

Quote:

Originally Posted by patrick0685

nice thats a new change

yes it is. I know a few shooters who are maximizing the LAW to its full intent. Legal to the limit:)