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sundance435
05-08-09, 11:15
Is it legal to take the lower from a RRA LAR 9mm pistol and put a rifle upper (16in. barrel) and stock on it?

I realize you can't put a stock on the pistol, as it's then a SBR, but can I legally do it by putting a legal upper on the pistol lower?

Thanks

LonghunterCO
05-08-09, 18:51
The saying is once a rifle always a rifle. So yes you can change your pistol over to a rifle, but once you do that you can not chage it back to a pistol (the "new" rifle must still have all the rifle requirements 16" barrel etc.) As you have stated the stocked lower should not be run with the pistol upper.

geminidglocker
06-30-09, 14:28
Someone should try telling that to Thompson Center.

khc3
06-30-09, 21:19
Someone should try telling that to Thompson Center.

The Thompson Center case ONLY involved whether the pistol/carbine conversion kits were NFA firearms in and of themselves as shipped from the factory.

It has no bearing as to what a firearm is after assembly or conversion.

The case has it's own unique set of facts that may or may not apply to any other cases. Probably the only outcome of that case that may help others is the legal principle of lenity which presumes that if a person has a legal way of assembling unassembled parts they will do that instead of assembling an illegal configuration.

The whole pistol-to-rifle conundrum is not addressed by this case as none of the kits were assembled as rifles coming from the factory.

Quiet
07-04-09, 17:06
The saying is once a rifle always a rifle. So yes you can change your pistol over to a rifle, but once you do that you can not chage it back to a pistol (the "new" rifle must still have all the rifle requirements 16" barrel etc.) As you have stated the stocked lower should not be run with the pistol upper.

This ATF letter seems to support the saying.

http://i462.photobucket.com/albums/qq344/quiet_wolf/BATFEletterpistolrifle1.jpg?t=1246744116
http://i462.photobucket.com/albums/qq344/quiet_wolf/BATFEletterpistolrifle2.jpg?t=1246744144

eodinert
07-08-09, 23:52
Thomson Center wanted to sell a conversion that consisted of a long barrel and a shoulder stock. They filed a form 1, and when it got approved, sued the government for a tax refund. The governments position was that it was constructive possession of an SBR because an SBR could be assembled from the components. The court said no. The court said if you can make a legal weapon from the components, then they cannot assume that you were going to break the law.

Of course the ATF said you can't do it. They have no guidelines, or consistency in their rulings. All the while, Mechtech (or whatever their name is) continues to sell Glock carbine rifle conversions. Why do those not have to stay in rifle configurations? Do you think they have a letter from ATF saying their conversion is legal? I suspect so. What about the Beretta Neos convertable rifle/pistol?

If you search the net, you'll find letters saying it's legal, and letters saying it's not legal. You'll find letters where the ATF says the Thompson Center ruling only applies to TC (event though that's not how legal precident works). Bottom line is, they let it happen, over and over again, in commerce. Whatever you do, please don't write another letter.

If you really want to get your panties twisted, read the legal definition of an AOW, and tell me why an Uzi pistol or SP89 pistol is an AOW if I put a forward grip on it (Hint: It's not)...

Slugger
07-09-09, 22:49
If they didn't try to confuse the issues with BS they wouldn't have enough to do.
Big government = big trouble
Sheesh
Slugger