Legal necessity of a "pistol" marked lower?

[TED]

In the past I have been firmly disinterested in an AR pistol in any caliber.

However, ATF interpretations as they are currently, the availability of different length buffer tubes and/or adjustable braces, and the ability to travel across state lines easier than an SBR (I am aware that an AR pistol will cost as much or more than an SBR) have caused me to recant my previous position.

I have searched and have been unable to get a DEFINITIVE answer and source for the question...

Does the lower receiver need to say "pistol" on it to be made into a pistol legally? Can it have been a stripped receiver that has never been a rifle and was listed as "other" on the 4473?

I am aware that it can not have previously been a rifle.

Thank you for your kind assistance.

Lastly and as an aside that could be saved for a separate thread if the mods feel appropriate, what would be your recommendation for a dedicated Glock mag (9mm) lower?

TED

[thehammer69]

It does not need to be pistol marked. The lower needs to be transferred just as you asked... marked as "other". And never been a rifle as you mentioned.

[Iraqgunz]

Lowers should be transferred as others. It's been that way for a long time. Once you have said lowers, it may be assembled how you want. Your state may have certain requirements, but as a rule lowers marked pistol are nothing but a gimmick.

[nksmfamjp]

How do you know your Lower was transferred as other? That is something the store marks and they seem to not have any requirement to show the form back to you. I agree it should be done like that, but how does a person know if it was done right? If you don't know, are you accountable to that mistake if marked something else? I'm just asking because I don't know how mine were transferred....

[feraldog]

when you sign the 4473 be sure its marked as "other", and get a full copy of the form to keep in your files.

i keep an extra copy of the form in the firearm's trapdoor pistol grip.

[Renegade]

Does the lower receiver need to say "pistol" on it to be made into a pistol legally?

There is no Federal law that requires this. Hence why handguns (Glock, Sig, HK, etc) do not say this.

Can it have been a stripped receiver that has never been a rifle and was listed as "other" on the 4473?

The determining factor is not what it says on a 4473, bu that it was not a previously made into something else.

[Gunfixr]

Marking a lower "pistol" is just to deprive you of your money. It has no legal bearing whatsoever.

It should be transferred to you as a "receiver" or "other", as that is the correct way. However, legally, how the receiver is transferred also has no bearing on what you build with it. The store can mark it "rifle", and you can take it home and build a pistol with it, and you are fully legal.

Once it has been built into a rifle, it cannot legally be converted into a pistol. This requires BOTH a stock, and a barreled upper containing a 16" or longer barrel. If you put a pistol buffer and an upper with a 16" or longer barrel on it, it not a rifle. If you put a stock on it, but have not put a barreled upper on it, it is still a "receiver".
Yes, that means that you can buy a stocked lower, and as long as it's never had a barreled upper on it, it is just a "receiver". You can remove the stock and build a pistol with it.

How would atf test this? They contact the manufacturer, give them the serial #, and ask how they assembled it, and how did it leave their possession. If it left as any of the above, it was a "receiver", plain and simple.
I have it explained this way by two atf senior investigators, and an atf attorney.

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[Renegade]

I have it explained this way by two atf senior investigators, and an atf attorney.

It is also explained that way on the 4473.

[uffdaphil]

Marking a lower "pistol" is just to deprive you of your money. It has no legal bearing whatsoever.

It should be transferred to you as a "receiver" or "other", as that is the correct way. However, legally, how the receiver is transferred also has no bearing on what you build with it. The store can mark it "rifle", and you can take it home and build a pistol with it, and you are fully legal.

Once it has been built into a rifle, it cannot legally be converted into a pistol. This requires BOTH a stock, and a barreled upper containing a 16" or longer barrel. If you put a pistol buffer and an upper with a 16" or longer barrel on it, it not a rifle. If you put a stock on it, but have not put a barreled upper on it, it is still a "receiver".
Yes, that means that you can buy a stocked lower, and as long as it's never had a barreled upper on it, it is just a "receiver". You can remove the stock and build a pistol with it.

How would atf test this? They contact the manufacturer, give them the serial #, and ask how they assembled it, and how did it leave their possession. If it left as any of the above, it was a "receiver", plain and simple.
I have it explained this way by two atf senior investigators, and an atf attorney.

Sent from my SGP612 using Tapatalk

A big problem I see is new complete Colt, BCM et al lowers for sale from many sources, none of which I have seen state that it was not a take-off from a new rifle.

[NoveskeFan]

A big problem I see is new complete Colt, BCM et al lowers for sale from many sources, none of which I have seen state that it was not a take-off from a new rifle.

If purchased or transferred through a FFL dealer, couldn't they mark it as other since it's just a lower? Lets say someone buys a complete AR then parts it out one day. You buy the lower from out of state and your FFL marks it as "other", with both of you unaware it was originally a complete rifle. You build an AR pistol and end up using it in a HD situation. Would the original configuration come up with a serial number check and put you in BATFE hell?