SBR/Pistol question

[schwaky18]

Just to make sure. If I have a virgin lower that was not transferred as a rifle but does not say pistol on it I can put a 10.5 or 11.5 inch barrel on it as long as it has a pistol buffer tube and not be in violation on NFA laws.

 

[JosephR]

No. It was more than likely made and transferred as a rifle. Once a rifle, always a rifle.

 

[shooter521]

No. It was more than likely made and transferred as a rifle. Once a rifle, always a rifle.

He said it was a virgin lower (never been assembled into a weapon) that was not transferred as a rifle (i.e. "Receiver Only" listed on the 4473). In which case, the answer to his question would be "yes".

 

[JosephR]

Oh. I see that now. I skipped right over it. This was bought/transferred on the new 4473 since Nov1, 08?

AFAIK, the law states you can't make a rifle a pistol. It seems if this was never a rifle, you can do what you want with it. I can't say any more than it would be worth looking deeper into.

Again, I apologize. Staring at dikes all day is really ruining my brain.

 

[schwaky18]

Thanks thats what I thought but I wasn't sure if it had to say pistol or not.

 

[schwaky18]

This was bought/transferred on the new 4473 since Nov1, 08?

Yes

 

[Splagt]

?

Dikes?!?

 

[NateIU10]

What manufacturer. I always heard it doesn't matter what the 4473 says, it matters what the manufacturer marked it as when booked.

 

[shooter521]

What manufacturer. I always heard it doesn't matter what the 4473 says, it matters what the manufacturer marked it as when booked.

If it's a virgin receiver, then it went out from the mfr. as a "receiver" and should have been described as such when the dealer entered it into his bound book. It should be recorded as such on the (new) 4473 at the time of purchase from the dealer.

Heck, even on the old 4473s, if it was a stripped lower I was selling, I would write in "receiver only" rather than "pistol" or "rifle".

The "pistol only" markings you see on some lowers are just fluff; they carry no legal meaning or weight (i.e. you can build it into a rifle if you want). Conversely, it is also perfectly legal to build a virgin stripped lower without the "pistol only" marking into a pistol.

 

[NateIU10]

If it's a virgin receiver, then it went out from the mfr. as a "receiver" and should have been described as such when the dealer entered it into his bound book. It should be recorded as such on the (new) 4473 at the time of purchase from the dealer.

Heck, even on the old 4473s, if it was a stripped lower I was selling, I would write in "receiver only" rather than "pistol" or "rifle".

I meant it as in some manufacturers mark all receivers in their books as rifles. Even if a dealer marks it as a receiver, wouldn't it still be a rifle?

 

[shooter521]

some manufacturers mark all receivers in their books as rifles.

How do you know that?

 

[NateIU10]

How do you know that?

A call I had made to DPMS resulted in that information. The rep told me that all receivers they make are booked as "rifle" in their books, and therefore cannot be made into pistols.

 

[shooter521]

The rep told me that all receivers they make are booked as "rifle" in their books, and therefore cannot be made into pistols.

Well that certainly muddies the waters a bit, now dunnit?

I wonder what the legal standing of the weapon would be if a stripped lower was recorded by DPMS as a "rifle," but was then shipped to a distributor who sold it as a "receiver," then went to a dealer who entered it into his bound book as a "receiver," then was listed on the 4473 as a "receiver" at the time of sale, then was built by the purchaser into a pistol?

More importantly, under what circumstances would this even become an issue?

 

[NateIU10]

Well that certainly muddies the waters a bit, now dunnit?

I wonder what the legal standing of the weapon would be if a stripped lower was recorded by DPMS as a "rifle," but was then shipped to a distributor who sold it as a "receiver," then went to a dealer who entered it into his bound book as a "receiver," then was listed on the 4473 as a "receiver" at the time of sale, then was built by the purchaser into a pistol?

More importantly, under what circumstances would this even become an issue?

I called them because I was going to buy a DPMS receiver for a pistol build. After getting that information, I figured better safe then sorry with the whole "once a rifle, always a rifle"

Ahh muddy water

 

[JosephR]

Sure the markings of PISTOL is fluff but it's there to more clearly show that it was made and transferred with that intent in mind.

Just as with constructive possession- they can't say what you were GOING to do but there ARE laws which state what you can and cannot do and they've done a fairly good job of limiting your lower options with regards to building a pistol.

Did you ever wonder why the PISTOL "fluff" became such a big deal? It's because people knew the real laws and needed to stay within the guidelines...

Stupid in your opinion or not, they still needed to stay within the guidelines...

 

[-XL-]

If you configure a Pistol into Rifle can you go back to Pistol or does it have to stay a rifle forever?

 

[NateIU10]

If you configure a Pistol into Rifle can you go back to Pistol or does it have to stay a rifle forever?

I am a believer in yes, it must stay a rifle then, as the US Codes are read. Some have differing opinions, but I'm pretty sure mine's right

https://www.indianagunowners.com/fo...201-handgun_into_rifle_back_into_handgun.html

So the answer to your quest might be, maybe . IMO, it must though, it may just be me being over cautious though.

 

[-XL-]

If you had a pistol, got a tax stamp and registered it as an SBR, does it have to stay an SBR or could you take the stock off and shorten the barrel? It You'd have to inform the NFA branch of the new OAL and barrel length, but it would still be an SBR right?

 

[NateIU10]

You can take a SBR out of the registry (they keep your money lol) but I have no idea what you'd be allowed to make it into. If you change it into a "pistol" but keep it in the registry, then yes, you just have to inform ATF if it's permanent and cannot go into original config.