AR Pistol Lower Laws

[scooter22]

I appreciate all the replies, but I am looking for THE definitive answer.

I don't understand how the ATF would know if a stripped lower ever had a stock on it...

I guess I will just presume that I can slap my SBR upper on it, attach a pistol tube and call it a day?

[Iraqgunz]

You are overthinking this. A stripped lower can be built into any configuration you want. This is why you must be 21 and you can only buy one in your home state, unless you go through an FFL.

Please realize that there is no way to ascertain what happens to a stripped lower once it is purchased. The BATFE has no way of knowing if you made it into a flame thrower unless you broadcast it to the world.

I appreciate all the replies, but I am looking for THE definitive answer.

I don't understand how the ATF would know if a stripped lower ever had a stock on it...

I guess I will just presume that I can slap my SBR upper on it, attach a pistol tube and call it a day?

[Iraqgunz]

Are you 100% certain about this? It is my understanding and I believe I have seen BATF info before stating that if it had a stock attached to it and was shipped that way, then it is considered a rifle

That isn't technically accurate, if the lower has never had an upper attached (ie. a brand new complete lower) it is still considered "other" (receiver only) and has never been considered a rifle. You can still remove the stock prior to putting an upper on it and assemble it as a pistol.

[Iraqgunz]

I found this.

"Therefore, so long as a parts kit or collection of parts is not used to make a firearm regulated under the NFA (e.g., a short-barreled rifle or “any other weapon” as defined by 26 U.S.C. 5845(e)), no NFA firearm is made when the same parts are assembled or re-assembled in a configuration not regulated under the NFA (e.g., a pistol, or a rifle with a barrel of 16 inches or more in length). Merely assembling and disassembling such a rifle does not result in the making of a new weapon; rather, it is the same rifle in a knockdown condition (i.e., complete as to all component parts). Likewise, because it is the same weapon when reconfigured as a pistol, no “weapon made from a rifle” subject to the NFA has been made."

And

"Nonetheless, if 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 otherwise produced from a weapon originally assembled or produced only as a rifle, such a weapon is a “weapon made from a rifle” as defined by 26 U.S.C. 5845(a)(4). Such a weapon would not be a “pistol” because the weapon was not originally designed, made, and intended to fire a projectile by one hand."

[scooter22]

You are overthinking this. A stripped lower can be built into any configuration you want. This is why you must be 21 and you can only buy one in your home state, unless you go through an FFL.

Please realize that there is no way to ascertain what happens to a stripped lower once it is purchased. The BATFE has no way of knowing if you made it into a flame thrower unless you broadcast it to the world.

Thanks Iraqgunz, I was actually hoping that you would chime in.

I presumed that this was the case, but wanted to be as sure as possible.

[DS-11B]

yeah, that is the answer but honestly, if you are looking for a definitive answer on ANYTHING by the ATF you are never going to be comfortable. They change their interpretation of stuff all the time. Then you have state and local laws to deal with depending on your location.

I don't think you have anything to worry about though but just realize that there really isn't any DEFINITIVE interpretation of the law, especially when it comes to AR pistols.

[scooter22]

yeah, that is the answer but honestly, if you are looking for a definitive answer on ANYTHING by the ATF you are never going to be comfortable. They change their interpretation of stuff all the time. Then you have state and local laws to deal with depending on your location.

I don't think you have anything to worry about though but just realize that there really isn't any DEFINITIVE interpretation of the law, especially when it comes to AR pistols.

Luckily I live in Louisiana, i.e. the most lax gun laws in the country.

[DS-11B]

Luckily I live in Louisiana, i.e. the most lax gun laws in the country.

So you just have to worry about the unreliability of the ATF then. Thats my situation as well lol I live in OK. We might be tied then for most lax gun laws.

[b_saan]

Are you 100% certain about this? It is my understanding and I believe I have seen BATF info before stating that if it had a stock attached to it and was shipped that way, then it is considered a rifle

I am for me, yes, as the ATF definition of a rifle isn't satisfied until a barreled upper has been installed and when the FFL receives it from the distributor it is logged as "other" regardless of what lower parts are attached to the receiver. Whether anyone else is satisified enough to use my opinion as the basis for their decision making is up to them and of course the inconstancy of the ATF is the other variable.

[scooter22]

So you just have to worry about the unreliability of the ATF then. Thats my situation as well lol I live in OK. We might be tied then for most lax gun laws.

Hahaha. That seems to be the case.