Legalities of Using a SBR as a Pistol.

[dm_graham308]

I agree, and is why I have AR pistol lowers to go with my AR SBRs.... however the firearm in question is the CZ Scorpion.

I've missed using my 300blk SBR on a hog hunt out of state because the ATF lost my paperwork for taking it out of state. This prompted me to embrace the AR pistol option. Unfortunately with the Scorpion the trustee in my trust can't just buy a $50.00 blank lower.

My bad. That makes sense. I missed the CZ part in the original post.

[VIP3R 237]

I hate to necro this but instead of starting a new thread let me post a question.

Would it be legal to put a pistol brace/stabilizer brace on a factory SBR so you can travel across state lines without the permission slip?

My gut says no as technically this is a 'Rifle' and you cannot convert a rifle to a pistol. Does anyone have another opinion?

[JulyAZ]

I hate to necro this but instead of starting a new thread let me post a question.

Would it be legal to put a pistol brace/stabilizer brace on a factory SBR so you can travel across state lines without the permission slip?

My gut says no as technically this is a 'Rifle' and you cannot convert a rifle to a pistol. Does anyone have another opinion?

I was asking the same question in post 5. Still no idea.

[st381183]

You can change a pistol into a rifle and back again but according to the ATF you can't go rifle pistol rifle, go figure. If you temporarily take your NFA item out of a controlled configuration (ie, drop a 16" upper on it) then you don't have an SBR, you just have an R. No one would know the diff.

[domestique]

I hate to necro this but instead of starting a new thread let me post a question.

Would it be legal to put a pistol brace/stabilizer brace on a factory SBR so you can travel across state lines without the permission slip?

My gut says no as technically this is a 'Rifle' and you cannot convert a rifle to a pistol. Does anyone have another opinion?

As the OP, I still haven't found a black and white answer. The general consensus is that it will always be a SBR or SBS, but you are allowed to physically go back and forth between a pistol and SBR/SBS (i.e a Glock in a chasis, or putting a pistol grip on a 14" SBS for a backpacking trip).

Big boy rules apply in that local law enforcement would have no clue that your pistol is actually a SBR unless they saw the engraving of your trust, and had a lawful reason to run the serial number through the ATF. At that point you are probably already in other legal problems and a gun charge is additional fluff (IMHO).

The biggest argument against this theory is that putting a 16" upper on a AR SBR lower now makes it a regular rifle again.... so in that breathe you could assume that removing a stock now makes it a pistol again (assuming you remove any VFG and other stipulations that would inadvertently make it an AOW.

Just like the ATF.... clear as mud.

[mig1nc]

I asked that question on another forum a few years ago. The consensus seemed to be that as long as it didn't start out life as a rifle you could reconfigure it back to a non NFA pistol setup.

But none of that was legal advice.

Sent from my SM-N920V using Tapatalk

[Sparky5019]

Most everything he posted is DIRECTLY found on the BATF website. Thousands of people see it and read it. People overthink the NFA stuff way too much.

This.

I have several guys that are in this predicament. They maintain a pistol lower for the SB upper expressly for this purpose. No cranking tubes off. No ambiguity. No issues. Better to have a legit pistol that appears so than a NFA marked lower that has a pistol tube on it. Legal or not by the letter of the law; it'll save a lot of time and headaches on the road...as long as the NFA lower stays at home in the safe.

[tb-av]

As the OP, I still haven't found a black and white answer.

Try this link... https://www.atf.gov/firearms/docs/ru...stols/download.

Be sure to read it as 'Here's how to tell if you have an NFA type setup and what that setup is.

"A firearm, as defined by the National Firearms Act (NFA), 26 U.S.C. 5845(a)(3), is
made when unassembled parts are placed in close proximity in such a way that
they:"

Ok, so that's saying here's how you tell if you have an NFA situation.

a) serve no useful purpose other than to make a rifle having a barrel or barrels of less than
16 inches in length

That's pretty much your factory SBR.

or (b) convert a complete weapon into such an NFA firearm

That's pretty much if you took your 16" rifle and make an 11.5"

. A firearm, as defined by 26 U.S.C. 5845(a)(3) and (a)(4), is not made when parts within a kit that were originally designed to be configured as both a pistol and a rifle are assembled or
re-assembled in a configuration not regulated under the NFA (e.g., as a pistol, or a rifle with a barrel or barrels of 16 inches or more in length ).

Ok, so that's NOT your factory SBR. That's if you just build a pistol or a 16"+ rifle... it's simply NOT NFA. It's just like all your other firearms.

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 or barrels 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).

Ok, so this is your basic plug a Glock frame into a 16"+ Carbine setup. then unplug it and put your Glock back together. You started with a Pistol and Upper. Then made a NON-NFA Rifle, then converted it back to a Pistol. Very simple. NOT NFA.

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

So this paragraph is the counter to the one above... You DO HAVE an NFA Firearm if you first have a Rifle ( your factory rifle ) and then stick a handgun on it. Now you can't stick a handgun on an AR but you can wave your magic wand over it, make the stock disappear, and call it a Pistol / Handgun. Now I know three are other ways to look at it. The Factory "rifle" actually started out as an "Other". A pistol is a pistol and an SBR is an SBR and the two shall never meet. There are three states of being.. Firearm, Rifle, Pistol that overrides the wording above "A firearm, as defined by 26 U.S.C. 5845(a)(4)," that definition is not simply a Firearm... it's a specific set of regulated firearms...

Again, I would not chance it for $150 to simply build a pistol lower.


Regardless of all the other findings and the NFA 'states of being for things that go bang'.... I simple would not do it. I get all the contrary arguments and nature of the specifics. Read the bold below... Must be registered... No problem, your factory SBR is already registered..... Subject to all NFA rules ... should be no problem because NFA does not regulate Pistol to the nature of this thread question... sure you have to remove the vert. grip and such but technically hey it's registered and NFA doesn't regulate this pistol I want to carry over state lines.... I'm good to go. EXCEPT.. that is a total contradiction to the paragraph intent above that deals with making a pistol from a registered rifle. Even if there were fines, jail time, confiscation, potential,,, I would still spend the $150 because I simply would never want to have that conversation with anyone that has the authority at their digression to detain me or my belongings in my daily life.

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.

To the extent this ruling may be inconsistent with any prior letter rulings, they are hereby superseded.

Date approved:
July 25, 2011
Kenneth E. Melson
Acting Director

Now it's 6 years later and YMMV but be honest with yourself.... Don't you really want a new pistol lower? Hey it's Memorial Day, Father's Day, hell it's always New Gun Day... "Get you some".