pistol build legality questions

Originally Posted By: 3DHUSKERNow that the OP has had his thread jacked we can now go back to the OP's post and answer his question again.

If you bought a complete rifle lower with butt stock on it, it is a rifle lower, do not make it a pistol.

Originally Posted By: 3DHUSKERSpeaking of state. There are a lot of folks here in the STATE of confusion.

And you're the ring leader.
 
I was going to read through this thread but there is so much bad information, it became too painful.

A receiver isn't a rifle until it's assembled with a rifle barrel. That means a lower that came assembled with a rifle stock does not become a rifle until it is assembled with an upper that has a rifle barrel installed.

If you take a lower assembled with a rifle stock that was not originally assembled in a rifle configuration, you may remove the rifle stock and assemble it as a pistol. (Don't try to make this point more complicated than it really is. An RE alone, whether it's a carbine, rifle or pistol, does NOT constitute a stock and can be legally used on a pistol.)

A receiver that is first configured as a rifle forever remains a rifle.

A receiver that is first configured as a pistol is a pistol. A pistol may be reconfigured as a rifle, then may be again reconfigured as a pistol. Look up the suite Thompson-Center filed against the BATF for further details. Just make sure that while changing configurations, you don't do so in a sequence that violates the law.

I don't much care if the BATF will know or not if a lower was first assembled as a rifle or not, or if they will know if you reconfifgured one of your firearms into an illegal configuration in the privacy of your home or not, I am only explaining what the letter and spirit of the law is
 
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Originally Posted By: kpkieferWhat does this have to do with anything???
confused.gif
Are you serious?


Originally Posted By: 3DHUSKERSpeaking of state. There are a lot of folks here in the STATE of confusion.

A failed attempt at humor?
 
Originally Posted By: pahntr760Originally Posted By: 3DHUSKERNow that the OP has had his thread jacked we can now go back to the OP's post and answer his question again.

If you bought a complete rifle lower with butt stock on it, it is a rifle lower, do not make it a pistol.

Originally Posted By: 3DHUSKERSpeaking of state. There are a lot of folks here in the STATE of confusion.

And you're the ring leader.

Exactly!
 
Originally Posted By: yotekiller
Originally Posted By: kpkieferWhat does this have to do with anything???
confused.gif
Are you serious?


Originally Posted By: 3DHUSKERSpeaking of state. There are a lot of folks here in the STATE of confusion.

A failed attempt at humor?

Yeah yotekiller.....seriously. Why do I need to be informed that you have to be 21 to purchase a receiver regardless of state. I have several, don't need to buy another. Comment about being 21 to purchase had absolutely nothing to do with the question I asked in the OP.
 
Originally Posted By: kpkieferOriginally Posted By: yotekiller
Originally Posted By: kpkieferWhat does this have to do with anything???
confused.gif
Are you serious?


Originally Posted By: 3DHUSKERSpeaking of state. There are a lot of folks here in the STATE of confusion.

A failed attempt at humor?

Yeah yotekiller.....seriously. Why do I need to be informed that you have to be 21 to purchase a receiver regardless of state. I have several, don't need to buy another. Comment about being 21 to purchase had absolutely nothing to do with the question I asked in the OP.

Well you can't buy a handgun unless you're 21. I'm talking about state of receiver. The answer you are seeking came rather early.
 
The joys of bureaucracy...

-- If it was a rifle, and duly noted 'rifle' on the 4473, it can never be anything but a rifle. Although the receiver of which in no means differs from a pistol of the same frame, aside from being duly noted as such on the 4473.

-- If it was a pistol, and duly noted 'pistol' on the 4473, it can be made a rifle, but then supposedly never made a pistol again. But, unless subsequent 4473 was filed on it, as a rifle, how is ATF to know it has ever been anything but a pistol?

-- If it was a stripped receiver, and duly noted 'other' on the 4473, it can be made either a pistol or a rifle. However, if made a rifle it can never be made a pistol, but if made a pistol it can be made a rifle, wherein it can never be made a pistol again, if it's ever been duly noted a rifle on subsequent filing of 4473, however if it hasn't been noted otherwise how is ATF to know? Unless of course you are not 21 years of age, wherein the pistol option is out the window to begin with, it can only be made a rifle, and duly noted as such on the 4473, wherein it can never be made a pistol.


All of which is as damned ridiculous as their most recent ruling on arm braces for AR Pistols, which states that if you are shooting an AR Pistol with an armbrace on it, and raise that brace to your shoulder, it then somehow magically transforms that pistol into a short barreled rifle and as such requires proper forms be filed for possession thereof, however if you don't raise it to your shoulder, it is then still legal to possess the same exact weapon without filing the aforementioned required forms. That ruling however wasn't specific as to whether or not the AR Pistol with arm brace could ever be made a pistol again, once being magically transformed into a short barreled rifle. And, begs several questions...

-- If I remove the brace from my shoulder does it magically become a pistol again? If not...
-- How long must the brace be removed from one's shoulder before the weapon again becomes a pistol?
-- If I use the brace as intended, and my cousin shoulders the weapon, does it become a rifle for both of us, or is it only a rifle for him?
-- If I buy a used AR Pistol, how am I to know if anyone has ever had a brace on it and shouldered it, wherein it was magically transformed into a rifle, wherein I can't legally own it without filing paperwork although it technically is still duly noted pistol on the 4473.
-- If it becomes a rifle because I shouldered the brace, and I remove the brace, wherein it cannot be shouldered again, and it is duly noted a pistol on the 4473, is it then mystically still a short barreled rifle, or is it technically a pistol because it has never technically had a shoulder stock and rifle buffer mounted and is duly noted pistol on the 4473.


All of which begs the question... If you buy a Used AR how do you dertermine if it's had a sex change operation, physically, mystically, or technically???

And, do those morons lay awake nights dreaming up these ridiculous rules???
 
Originally Posted By: Rocky1-- If it was a rifle, and duly noted 'rifle' on the 4473, it can never be anything but a rifle

Once again, unless state law requires otherwise, a receiver MUST BE LISTED AS OTHER

Quote:-- If it was a pistol...can be made a rifle, but then supposedly never made a pistol again

Incorrect. A pistol that has been reconfigured as a rifle may again be reconfigured as a pistol. For further clarification, look up the suit Thompson brough against the BATF

Quote:-- If it was a stripped receiver, and duly noted 'other' on the 4473, it can be made either a pistol or a rifle. However, if made a rifle it can never be made a pistol

This is correct. If the first configuration of a receiver is as a rifle, it cannot legally be reconfigured as a pistol without an SBR stamp


Quote:All of which is damned ridiculous

You said it, brother
 
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