Legal necessity of a "pistol" marked lower?

[Iraqgunz]

I always try and apply common sense with the law of statistical "what ifs".

[Gunfixr]

It is also explained that way on the 4473.

I spent very little time behind the front counter, so I didn't spend a bunch of time with the 4473.
I did spend time with the nfa handbook, and confirming questions posed by the shop owner/customers.

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[Gunfixr]

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?

Technically, no, since it left the factory as a rifle.

You don't hear too much of people being busted for this. But then, you don't hear too much of people being busted for 922r violations either. But, if you're already being taken down for something, it does make for a nice additional charge.

So, personally, I probably would not build a pistol out of a used lower, but I wouldn't worry about using a new one.

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[misfit47]

My simple solution is buy a brand spanking new lower from a local ffl. The little white box has dedescription and serial number on the label.

[HeruMew]

I dunno.

I too have a spreadsheet indicating all my purchased lowers had been marked as "others" and that they all had been fitted with a phase 5 pistol tube as their first form.

Nonetheless, way to many what ifs. If it's marked other when you buy it, great. Build it out. Not sure what the store marked it and already bought it? Throw a pistol tube on it and move on. As long as it's never been fitted with a stock, it's never been a rifle*.

I remember the first time IG had to put me in my place over constructive intent. Boy have I come a long way.

ETA: On that topic, Thanks IG.

[NQNPIII]

I have bought 3 stripped Glock mag lowers. Never got asked what caliber, or if it was going to be a pistol or rifle. One got built into a pistol with the KAK tube. The other two are waiting to be built.

[Airhasz]

80% lowers are the answer, mill them and build them how you like. No transfer fee and sent right to your house.

[Bullz]

Just for fun... And kind of the opposite side of the discussion...

Say you buy a complete Colt "M4 Carbine" lower. I'm talking about the spares that are currently sold from various sites. These Colt lowers have the side of the receiver stamped "M4 Carbine". Or perhaps a "Stoner Rifle" stamped stripped lower. The Colt receivers, complete with stock, are transferred as "Other".

So, would you feel comfortable building a pistol out of a receiver that is stamped "M4 Carbine" (or anything Carbine/Rifle for that matter) given that it's legal to do so?

(correct me if I'm wrong on the legality of it - with code reference. I've not see anything regarding wording on a receiver.)

[Renegade]

So, would you feel comfortable building a pistol out of a receiver that is stamped "M4 Carbine" (or anything Carbine/Rifle for that matter) given that it's legal to do so?

Completely comfortable with the markings.

But since colt did not sell stripped lowers or make pistols (AFAIK), that specific receiver was most a likely a rifle at some point, so legally I would not use THAT receiver.

[bad aim]

According to the folks at TOS who contacted Colt, the complete Colt lowers that Brownells is selling were marked as "lowers" in Colt's books, so they would be G2G for a pistol build. But for a long time, Colt didn't offer them separately, so it wouldn't be a bad idea to call them and verify the SN to double check if you're unsure.