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Thread: If I take my buttstock off my SBR, is it legally a pistol?

  1. #21
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    I would have thought with the Glock SBR "shells" out there, there would be a definitive answer somewhere but I've yet to find an official opinion or letter response on treating an SBR made from a pistol as a pistol when the stock is removed.

  2. #22
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    Quote Originally Posted by Polymerhead View Post
    Question:

    If I remove the buttstock (and VFG) off my SBR, and the resulting firearm is <26", is it legally a pistol?

    Facts:
    - I built the SBR from a virgin receiver.
    - I put the buttstock on last, which technically means it was built into pistol configuration first
    - The ATF has said that temporarily reconfiguring an NFA firearm into non-controlled format (for instance, putting on a 16" upper) means it doesn't fall under NFA guidelines while in that configuration (for, say, interstate travel).
    - My SBR is ~25" long if I were to remove the buttstock.

    The reason I ask is that we have an alternative deer season coming up, and pistols are eligible for use. If I can legally convert my SBR temporarily into a pistol, I can use it.

    Thoughts?
    Buy a stripped lower, build a pistol.

    Don't screw with the NFA.

  3. #23
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    Quote Originally Posted by Polymerhead View Post
    I would have thought with the Glock SBR "shells" out there, there would be a definitive answer somewhere but I've yet to find an official opinion or letter response on treating an SBR made from a pistol as a pistol when the stock is removed.
    I had the guy from CAA tell me if I filed a Form 1 for a Glock and used the Roni kit, that the pistol is now an SBR, would always be an SBR, and thus would required a 5320.20 to cross state lines.

    You'd think the people that handle the item would have the answer. However, that answer just doesn't pass the logic test, or the definition of a rifle. So...I really don't know and haven't seen an ATF letter explaining it.

    I posted the email in an ARFCOM thread. Here it is if anybody wants to read it.
    Last edited by BigWaylon; 12-14-14 at 17:26.

  4. #24
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    Quote Originally Posted by Polymerhead View Post
    Question:

    If I remove the buttstock (and VFG) off my SBR, and the resulting firearm is <26", is it legally a pistol?

    Facts:
    - I built the SBR from a virgin receiver.
    - I put the buttstock on last, which technically means it was built into pistol configuration first
    - The ATF has said that temporarily reconfiguring an NFA firearm into non-controlled format (for instance, putting on a 16" upper) means it doesn't fall under NFA guidelines while in that configuration (for, say, interstate travel).
    - My SBR is ~25" long if I were to remove the buttstock.

    The reason I ask is that we have an alternative deer season coming up, and pistols are eligible for use. If I can legally convert my SBR temporarily into a pistol, I can use it.

    Thoughts?
    If its a registered SBR, doesn't matter if you take off the stock or vfg. Removing them won't magically make it a 'pistol', because its legally a SBR. It'll be in pistol config, but it wouldn't matter.

    If you're thoughts was regarding trying to turn it into a pistol to cross state lines for your hunting trip, you'd still be in violation if you turn it into pistol form. I could be wrong, but I wouldn't risk it if I were you.

  5. #25
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    Quote Originally Posted by JusticeM4 View Post
    If its a registered SBR, doesn't matter if you take off the stock or vfg. Removing them won't magically make it a 'pistol', because its legally a SBR. It'll be in pistol config, but it wouldn't matter. .
    Any documentation or information to back that up? If I add a 16" barrel it does indeed "magically" turn it into a regular rifle and not an SBR according to the ATF. It makes sense that pistol configuration would work the same way.

    Quote Originally Posted by JusticeM4 View Post
    If you're thoughts was regarding trying to turn it into a pistol to cross state lines for your hunting trip, you'd still be in violation if you turn it into pistol form. I could be wrong, but I wouldn't risk it if I were you.
    I have no intention to cross state lines with anything. But if I did put a 16" barrel on it, I could cross state lines with impunity. I'm asking for evidence that going to a pistol is different in some way.

    I guess it's my fault for asking on a public forum, but I'm a little surprised at how heavy some of these responses are on opinion and how light they are on facts (some of you have been relevant and helpful, and it's appreciated).
    Last edited by Polymerhead; 12-16-14 at 20:43.

  6. #26
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    Quote Originally Posted by Polymerhead View Post
    Any documentation or information to back that up? If I add a 16" barrel it does indeed "magically" turn it into a regular rifle and not an SBR according to the ATF. It makes sense that pistol configuration would work the same way.
    SBR means the lower is registered as a "Rifle". Doesn't matter if you have a 7" 14.5", 16" or 20" barrel on there.

    If you remove the stock, its still a rifle without the stock.

    I have no intention to cross state lines with anything. But if I did put a 16" barrel on it, I could cross state lines with impunity. I'm asking for evidence that going to a pistol is different in some way.

    I guess it's my fault for asking on a public forum, but I'm a little surprised at how heavy some of these responses are on opinion and how light they are on facts (some of you have been relevant and helpful, and it's appreciated).
    Any reason why you want to use it in pistol form when its already a SBR with a stock? Does it have to be a pistol for this particular trip?

    Didn't know you are not going out of state, but that is usually a topic that comes up with NFA items.

    Trying to help you here, and you did post in a public forum. If you want cold hard facts, ask or pm a SME or do your own research.
    Last edited by JusticeM4; 12-16-14 at 23:56.

  7. #27
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    Thanks for the follow up - it's just for a deer season in my state where pistols are allowed. If I can turn it into a pistol for a day, it'll be a lot easier than getting close enough to shoot a doe with one of my other pistols.

  8. #28
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    Quote Originally Posted by Polymerhead View Post
    Thanks for the follow up - it's just for a deer season in my state where pistols are allowed. If I can turn it into a pistol for a day, it'll be a lot easier than getting close enough to shoot a doe with one of my other pistols.
    I think you'll be fine to use it with the stock off, and in pistol configuration. What I meant earlier is that it doesn't change the classification of the firearm (since its a registered SBR), but it will be in pistol form so you should be ok.

    Happy hunting!

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