<26" AR15 pistol upper?

[Tahoe333]

What length of upper will keep me under the legal definition of an AR15 Pistol - 26" - using a Phase-5 buffer tube?


My preference, if possible, would be a 10.5" DI upper.
If I need to keep it under 10" I will go with a 8-9" piston upper.

Thank you.

[MistWolf]

A handgun can exceed 26" in length and still be a handgun but it is simply considered "not concealable" by the BATF.

If you have a pistol lower, an upper with any length barrel can be legally fitted to it

[Tahoe333]

Thank you - I have been combing through the internet for a week and couldn't get a straight answer.
If the AR pistol is >26" and a forward grip is added would that make it an AOW?

[MistWolf]

Read this letter to Franklin Armory from the BATF
http://www.franklinarmory.com/XO-26_Letter__c_.pdf

The gist of it is, that although a firearm has a a barrel less than 16", if it has an overall length of at least 26", the addition of a vertical foregrip changes it's configuration from a handgun to "firearm" and is legal so long as it is not concealed. I believe it must also not have a buttstock

[zombiescometh]

A handgun can exceed 26" in length and still be a handgun but it is simply considered "not concealable" by the BATF.

If you have a pistol lower, an upper with any length barrel can be legally fitted to it

lets not forget that some states have different laws on pistols such as my state Michigan. Where a pistol is 26" or less.

[MistWolf]

Very true. State and local ordinances can really muddy the waters

[justin_247]

Read this letter to Franklin Armory from the BATF
http://www.franklinarmory.com/XO-26_Letter__c_.pdf

The gist of it is, that although a firearm has a a barrel less than 16", if it has an overall length of at least 26", the addition of a vertical foregrip changes it's configuration from a handgun to "firearm" and is legal so long as it is not concealed. I believe it must also not have a buttstock

People are treading a very fine line using this letter as justification. I urge caution.