If I take my buttstock off my SBR, is it legally a pistol?

[Polymerhead]

Question:

If I remove the buttstock (and VFG) off my SBR, and the resulting firearm is <26", is it legally a pistol?

Facts:
- I built the SBR from a virgin receiver.
- I put the buttstock on last, which technically means it was built into pistol configuration first
- The ATF has said that temporarily reconfiguring an NFA firearm into non-controlled format (for instance, putting on a 16" upper) means it doesn't fall under NFA guidelines while in that configuration (for, say, interstate travel).
- My SBR is ~25" long if I were to remove the buttstock.

The reason I ask is that we have an alternative deer season coming up, and pistols are eligible for use. If I can legally convert my SBR temporarily into a pistol, I can use it.

Thoughts?

[BigWaylon]

This ain't going to be an answer, rather just food for thought. We know a couple things:

1. You cannot make a pistol from a rifle
2. You can have a pistol, configure it into a rifle, and return it to a pistol

So, if it wasn't an SBR, the answer is definitely yes.

Some will say you can go pistol -> SBR -> pistol. Some will say that with the Form 1, you have made a new firearm, and that firearm is a rifle...thus you can't return it to pistol configuration.

I don't know what side of that argument I stand on. However, buying another stripped lower and building it into pistol configuration seems to be a lot easier than spending 10 years in prison and paying a $250,000 fine. (That's why I keep two pistol lowers around). You can easily swap the upper over without any legal concerns (other than if AR pistols happened to be illegal in your state).

[daddyusmaximus]

I don't know if I'd try it with the original carbine buffer tube. If you switch to a pistol buffer tube than has no means of mounting a stock I think you'd be way safer. This may be a good time to try out a Sig brace, the ATF has said this keeps it a pistol. MY SBR was made as a pistol first while I was waiting on the stamp.

[daddyusmaximus]

Yeah, what BigWaylon said... I also have both a pistol and my SBR, so I don't have to worry about doing anything with my SBR lower. It's a shame so many stupid laws have been put on the books since the 2A was written.

[Polymerhead]

I have no desire to build a pistol lower - if it comes to that I'll just use my 357. But I'm not concerned with the legality of using a carbine buffer tube - constructive intent isn't an issue for a registered lower, lol.

[Jwknutson17]

This ain't going to be an answer, rather just food for thought. We know a couple things:

1. You cannot make a pistol from a rifle
2. You can have a pistol, configure it into a rifle, and return it to a pistol

So, if it wasn't an SBR, the answer is definitely yes.

Some will say you can go pistol -> SBR -> pistol. Some will say that with the Form 1, you have made a new firearm, and that firearm is a rifle...thus you can't return it to pistol configuration.

I don't know what side of that argument I stand on. However, buying another stripped lower and building it into pistol configuration seems to be a lot easier than spending 10 years in prison and paying a $250,000 fine. (That's why I keep two pistol lowers around). You can easily swap the upper over without any legal concerns (other than if AR pistols happened to be illegal in your state).

Im with BigWalon on this one. I personally think this... "Some will say that with the Form 1, you have made a new firearm, and that firearm is a rifle...thus you can't return it to pistol configuration." from quote above. I know you can take it out of NFA configuration and have it be legal. 16+ inch barrel.. But to me, taking a butt stock off a SBR is a SBR without the buttstock on it. Still a SBR. Just my opinion. Not worth the hassle or risk. Just my 02

[Sparky5019]

I think this was covered by ATF in an inspection I had a few months back. IIRC, it would still be a SBR. If you were to put a pistol buffer tube (that does not accept a locking stock), then it would qualify as a pistol.

[Krampus]

If your aunt had balls she'd be your uncle. You will always have a rifle. Only way to legally swap back and forth is if it was declared a pistol when receiver was virgin.

What they won't figure out for sure until Monday morning if you don't produce your paperwork is, you were not hunting with an illegally built unregistered pistol, but that you were hunting illegally with a legal SBR

Krampus

[Sparky5019]

If your aunt had balls she'd be your uncle. You will always have a rifle. Only way to legally swap back and forth is if it was declared a pistol when receiver was virgin.

What they won't figure out for sure until Monday morning if you don't produce your paperwork is, you were not hunting with an illegally built unregistered pistol, but that you were hunting illegally with a legal SBR

Krampus

This logic is flawed. As registered, it is a rifle but this is no different than changing the upper on a register lower to take it into a different locale. Pistols do not have to be registered so if it has a pistol config, it's a pistol, even if it was temporarily convertered to one.

If one changed to a 16" upper on a registered lower then it's a legal 16" and can be transported or handled as such by the owner without paperwork. Call ATF. This is what they will tell you.

The pistol question is a bit more tricky if the short bbl remains but it follows the same principle; a stock cannot be readily attached to a pistol tube hence it has been temporarily converted.

[Clint]

Pistol lowers open up a lot of no-hassle options and can be had for $140-400 these days.

I have no desire to build a pistol lower - if it comes to that I'll just use my 357. But I'm not concerned with the legality of using a carbine buffer tube - constructive intent isn't an issue for a registered lower, lol.