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BigSon
01-18-17, 11:50
I'm doing my first build and want to know if I want to make it a pistol or rifle do I just have to configure it legally and that's it?My lower doesn't have to be designated for either/or does it?

MegademiC
01-18-17, 12:35
A pistol has to be built on a pistol lower. Once a rifle, always a rifle.

More info in the pistol ar forum, i believe.

A stripped lower may work as long as a stock has never been installed and the form when you picked up the lower said stripped lower or something like that, not rifle lower. But that's getting into details I'm not familiar with.

26 Inf
01-18-17, 12:47
This probably needs to be in the ARPistol sub forum.

If you are on the fence, it may be best to build it as a pistol first, then you can legally change it to a rifle and then back to a pistol. You may choose to use a pistol extension (I did) but it is also permissible to use a carbine extension: https://johnpierceesq.com/which-buffer-tubes-can-i-use-on-my-ar-pistol/

Here is a quick tutorial:

1) A factory fresh AR lower receiver that has never been part of a firearm can be used to build a pistol, carbine or rifle. If a lower receiver is built into and registered as a pistol first, it can be stripped down and converted into a rifle in the future. ONCE A RIFLE ALWAYS A RIFLEIf the receiver was built into a carbine or rifle first, it must always remain part of a rifle and cannot ever be used to build a pistol. The form 4473 block 16 should be marked OTHER FIREARM It is very important to know where your receiver came from and how it was registered - you buying a lower at as gun show or from a friend could put you in hot water if the receive was originally built as a rifle

2) It's not necessary to use a lower receiver stamped "Pistol" or one that is marked with the specific caliber of ammunition you plan to use when building an AR pistol. The markings are irrelevant just as long as the lower is brand new from the factory at the start of the build. Many companies are marking their lowers "Multi-Cal" these days in order to avoid confusion.

3) Attaching a shoulder stock to an AR-15 pistol changes its legal status from Handgun to a Short Barrel Rifle (SBR), which is a violation of BAFTE regulations. If you wish to build an SBR, ensure that all of the proper paperwork and tax stamps are in order before attaching a shoulder stock. Many folks, myself included, build pistols to use while waiting for SBR paperwork to clear.

4) Attaching an AR-15 pistol upper assembly with a barrel shorter than 16" to a rifle lower is also considered an SBR and will get you in trouble without the proper tax stamps in place.

5) Although it's a common practice to attach a vertical grip to the handguards of AR rifles, attaching one to AR pistols changes their legal status from Handgun to Any Other Weapon (AOW), which requires a BAFTE tax stamp like an SBR.

The bold faced comments are mine, the rest is from: https://www.americanrifleman.org/articles/2016/7/14/building-ar-15-pistols-at-home/

I would also use the search button to explore the subject of 'constructive intent'

BigSon
01-18-17, 12:57
When I bought it at the gun store they didn't ask me any of this stuff I just filled out the background check form. And my receipt says stripped lower receiver and it's a multi-cal lower. No immediate plans to build a pistol I more or less wanted to know in case I buy a pistol upper down the road if I could just pop a pistol buffer tube on and go.

Crazydave
01-18-17, 13:59
Check the dros form

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BigSon
01-18-17, 14:10
Check the dros form

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What's that?

26 Inf
01-18-17, 15:30
When I bought it at the gun store they didn't ask me any of this stuff I just filled out the background check form. And my receipt says stripped lower receiver and it's a multi-cal lower. No immediate plans to build a pistol I more or less wanted to know in case I buy a pistol upper down the road if I could just pop a pistol buffer tube on and go.

No you can't do that after it has been built as a rifle. For you to legally use it as a pistol, you have to construct it as a pistol from the get go. Then you can change it to rifle and back to pistol. Sounds stupid, but those be the rules.

Which is why I suggested building it as a pistol first. You can build a pistol with a barrel over 16 inches, so you can use a regular upper. Shoot the damned thing one-handed to say it functioned as a pistol, then turn it into a rifle. If I was going that route (rifle length upper) I would splurge and buy a pistol extension to put on it if I did this - purely for the semantics. Then after I've used it as a pistol I would put on the rifle extension and stock and then rock out.

Then if you ever decided to build an SBR, you could take the rifle receiver extension off, and use a short barrelled upper while you were waiting for your stamp.

Seems like a lot of hoops, but that way you can with full faith and confidence say you've been completely legal.

jrcii
01-18-17, 15:31
The easiest thing to do is to call your FFL and ask them if they filled out the 4473 as pistol or rifle. They should have done it as a pistol since you can go from pistol to rifle but not the other way around. Actually, the best situation would be them just doing it as "receiver".

JRC


What's that?

Crazydave
01-18-17, 15:35
What's that?

Sorry A DROS is specific to California.... look at the 4473

Look to see what was checked in Box 16.
1.) Handgun
2.) Long Gun
3.) Other Firearm (frame, receiver, etc)

https://www.atf.gov/file/61446/download

26 Inf
01-18-17, 15:38
What's that?

DROS = Dealers Record of Sale. The 4473 you had to fill out saying you weren't a felon, etc. It does not matter what your receipt says, what matters is what they put in block 16 on the 4473. That is why jrcii is telling you to check the dealer. If it was purchased as a stripped lower it should haver been mark OTHER in block 16, you need to check to be safe.

BigSon
01-18-17, 15:41
The easiest thing to do is to call your FFL and ask them if they filled out the 4473 as pistol or rifle. They should have done it as a pistol since you can go from pistol to rifle but not the other way around. Actually, the best situation would be them just doing it as "receiver".
My receipt says-
Receiver firearm
Spikes tactical ST15,
Serial#,multi,
Semi-automatic
Lower receiver

JRC
My receipt says-
Receiver firearm
Spikes tactical ST15,
Serial#,multi,
Semi-automatic
Lower receiver

BigSon
01-18-17, 15:44
DROS = Dealers Record of Sale. The 4473 you had to fill out saying you weren't a felon, etc. It does not matter what your receipt says, what matters is what they put in block 16 on the 4473. That is why jrcii is telling you to check the dealer. If it was purchased as a stripped lower it should haver been mark OTHER in block 16, you need to check to be safe.

Ok thanks yeah cause I don't know what they marked it as since I wasn't given a copy or anything

BigSon
01-18-17, 16:06
So I called them and since I live in Florida they just list it as a "receiver" so I can build it how I want

26 Inf
01-18-17, 19:34
Correct, just remember if you ever want it to be a pistol it has to be built as a pistol first. Boy, that sounds stupid just typing it. LOL

They normally don't give you a copy, officially they have the only copy and must retain it forever or 20 years, whichever comes first. IIRC this was to satisfy folks that thought the form would be used to build a national database of firearms owners.

BigSon
01-18-17, 19:40
Yes it does how would they know it was a pistol first anyways?!

Iraqgunz
01-19-17, 04:47
They don't. And there is plenty of bad/misleading info here as well. It would be nice if people could ask for clarification before jumping the Conclusion Olympics.


Yes it does how would they know it was a pistol first anyways?!

Iraqgunz
01-19-17, 04:51
There is no such thing as a pistol lower. A lower receiver is sold as a Other Firearm (Frame, receiver, etc..) as per the 4473. A long gun is a long gun, and a handgun is a handgun.


A pistol has to be built on a pistol lower. Once a rifle, always a rifle.

More info in the pistol ar forum, i believe.

A stripped lower may work as long as a stock has never been installed and the form when you picked up the lower said stripped lower or something like that, not rifle lower. But that's getting into details I'm not familiar with.

26 Inf
01-19-17, 10:24
They don't. And there is plenty of bad/misleading info here as well. It would be nice if people could ask for clarification before jumping the Conclusion Olympics.

Could you please clarify what you found to be misleading? Maybe it would help a guy out.

MistWolf
01-19-17, 12:12
Any receiver sold as just a receiver should be sold as "OTHER" unless otherwise required by law of the local jurisdiction- even if the lower comes equipped with a rifle or carbine RE and a stock. (I believe California is one of local jurisdictions.)

An AR lower that come with a rifle/carbine RE and stock can legally be assembled as a pistol. You MUST remove the stock prior to assembling as a pistol. A pistol may be assembled with a rifle or carbine RE.

By law, if you first complete the AR lower as a rifle, it must remain a rifle. It cannot afterward be reconfigured as a pistol.

If you first assemble the lower as a pistol, it may be reconfigured as a rifle. It can be configured, at will, as a pistol or rifle as long as during the process, you do not reconfigure the AR in such a manner that it is assembled in an illegal configuration. In other words, remove the stock before mating a pistol upper to your lower

26 Inf
01-19-17, 13:14
Any receiver sold as just a receiver should be sold as "OTHER" unless otherwise required by law of the local jurisdiction- even if the lower comes equipped with a rifle or carbine RE and a stock. (I believe California is one of local jurisdictions.)

An AR lower that come with a rifle/carbine RE and stock can legally be assembled as a pistol. You MUST remove the stock prior to assembling as a pistol. A pistol may be assembled with a rifle or carbine RE.

By law, if you first complete the AR lower as a rifle, it must remain a rifle. It cannot afterward be reconfigured as a pistol.

If you first assemble the lower as a pistol, it may be reconfigured as a rifle. It can be configured, at will, as a pistol or rifle as long as during the process, you do not reconfigure the AR in such a manner that it is assembled in an illegal configuration. In other words, remove the stock before mating a pistol upper to your lower

Thanks MistWolf, I'd covered all thos points in earlier posts, I was just wondering if Iraq was referring to something I posted.

26 Inf
01-19-17, 13:28
This:

An AR lower that come with a rifle/carbine RE and stock can legally be assembled as a pistol. You MUST remove the stock prior to assembling as a pistol. A pistol may be assembled with a rifle or carbine RE.

Is why all these dang rules are stupid. There are no length limitations that I know of for pistol barrels. So I buy a bare receiver, it is block 16'ed as OTHER. I assemble it with a carbine or rifle tube. My stock hasn't arrived yet, but I fully assemble the 'weapon' - it is a pistol. Idiotic.

Why don't they just say 'hey look, you can configure an AR as a pistol, or you can configure it as a rifle, just don't configure it as an SBR without a stamp.'

I try to never put myself in a position to be tempted to, or actually, lie. Therefore, I have a pistol extension that gets put on weapons awaiting stamps.

If I was doing the carbine extension thing building a pistol, I would actually fire it as a pistol. That way I can honestly say it was built and used as a pistol.

It's stupid, and I would feel stupid doing it, but that is the price I pay for my brand of integrity.