need help staying legal

R

roony

New member
hears my problem. Im about to start a new ar build and i want to start with a stripped lower. Im 20 so i called my ffl and they said they could sell me a stripped lower if it is for a rifle. I will most likely build a rifle because i already have a rifle upper sitting around but i have also been thinking about making a pistol, just cant find an upper I like in the right price range.

So hears the big question, if I buy the lower and I find a good pistol upper am i breaking the law by installing it on the lower? i know once a butt stock goes on the lower it is forever a rifle im just wondering about the legality of putting a pistol upper on a lower that was originally intended to be a rifle.

just to be clear im not trying to sneak around federal gun laws, just trying to keep my options open
 
Originally Posted By: roonyhears my problem. Im about to start a new ar build and i want to start with a stripped lower. Im 20 so i called my ffl and they said they could sell me a stripped lower if it is for a rifle. I will most likely build a rifle because i already have a rifle upper sitting around but i have also been thinking about making a pistol, just cant find an upper I like in the right price range.

So hears the big question, if I buy the lower and I find a good pistol upper am i breaking the law by installing it on the lower? i know once a butt stock goes on the lower it is forever a rifle im just wondering about the legality of putting a pistol upper on a lower that was originally intended to be a rifle.

just to be clear im not trying to sneak around federal gun laws, just trying to keep my options open


The lower has to be marked "Pistol" from the maker. It has to be transferred as a pistol. "Or you go to jail".
 
How about the SBR thing?

I'm looking at a new build that I would like a lower with a 12.5" barreled upper and a 24" upper, probably in 6.8SPC.

I called a gun smith the other day and asked about having one of my barrels cut down to 12.5" but he had some legal reasons why he couldn't without the correct permit or stamp.

But I can buy a 12.5" upper just like any other upper??? Im a little confused.
 
Rock Knocker you can put that upper on a pistol lower without any paper work and even shoulder fire it. But having a buttstock with a barrel shorter than 16" enters you into the "short barreled rifle" category requiring a stamp. The feds think having a buttstock will make it that much more dangerous.
 
I think you ffl is mistaken when he told you he could transfer a stripped lower to you. You need to be 21 to transfer a pistol or "other" firearm and a stripped lower is considered "other". You would be able to transfer a complete lower (with buttstock) though as that woul be considered a rifle.
 
Originally Posted By: willy1947The lower has to be marked "Pistol" from the maker. It has to be transferred as a pistol. "Or you go to jail"

That is incorrect.

A lower receiver is a lower receiver. Its not a pistol nor a rifle. It does not go bang with the pull of a trigger so cannot be transferred as a pistol nor a rifle. By definition, pistols and rifles must fall under certain requirements regarding OAL, caliber, barrel length, etc. A receiver fails to qualify for these.

A lower receiver should be transferred as an "Other", just like any other receiver. Once its been transferred as an other it can be built into a Rifle or Pistol. On the federal level, it does not need to be marked as a pistol or anything else done to it. Some state laws have different regulations.

However, in EVERY state, an AR15 lower receiver should be transferred as an "Other" (Receiver) on the background check. This means you must be an in-state resident and 21+ yrs of age.

You can be 18yrs old and buy a complete AR15 Rifle, but an AR15 lower receiver or AR15 pistol you must be 21 to take possession of it from a dealer.
 
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thanks for the info guys, looks like you saved me and my ffl haha. if i had gone on my ffls previous advice do you think the paperwork would have come through as denied?
 
crazy.gif
rolleyes.gif
Making the world a safer place I guess...

What sort of BS do you have crawl through to get this SBR stamp? Is it worth it? And what sort of fedral firearms list will I have applied my name to?

If I get a pistol lower can a swap out a short barreled upper and a rifle length upper? Or would that be considered turning a rifle into a pistol?
 
I don't recall if the ffl gives date of birth to NICS or not. If your mom or dad is willing, have them transfer the lower to them, once its built as a rifle, then you can legally own it.
 
Originally Posted By: roonythanks for the info guys, looks like you saved me and my ffl haha. if i had gone on my ffls previous advice do you think the paperwork would have come through as denied?

If the lower was ran as an "other" properly on the 4473 then it would have been declined due to age, if you are under 21.
 
Originally Posted By: Rock Knocker
crazy.gif
rolleyes.gif
Making the world a safer place I guess...

What sort of BS do you have crawl through to get this SBR stamp? Is it worth it? And what sort of fedral firearms list will I have applied my name to?

If I get a pistol lower can a swap out a short barreled upper and a rifle length upper? Or would that be considered turning a rifle into a pistol?

Its not worth it unless you have a use for a SBR, like you want to run a can with as short of a package as possible. You fill out the paper work send it in along with $200 and wait forever to get it back!!
 
I had no idea.... what a load of crap. Silencers aren't even legal here no matter how many stamps I put on it.

The good news is that I seemed to have narrowed my search down to a 16" upper.
 
Originally Posted By: JoeBobOutfittersOriginally Posted By: willy1947The lower has to be marked "Pistol" from the maker. It has to be transferred as a pistol. "Or you go to jail"

That is incorrect.

A lower receiver is a lower receiver. Its not a pistol nor a rifle. It does not go bang with the pull of a trigger so cannot be transferred as a pistol nor a rifle. By definition, pistols and rifles must fall under certain requirements regarding OAL, caliber, barrel length, etc. A receiver fails to qualify for these.

A lower receiver should be transferred as an "Other", just like any other receiver. Once its been transferred as an other it can be built into a Rifle or Pistol. On the federal level, it does not need to be marked as a pistol or anything else done to it. Some state laws have different regulations.

However, in EVERY state, an AR15 lower receiver should be transferred as an "Other" (Receiver) on the background check. This means you must be an in-state resident and 21+ yrs of age.

You can be 18yrs old and buy a complete AR15 Rifle, but an AR15 lower receiver or AR15 pistol you must be 21 to take possession of it from a dealer.


It is also worth noting that once a lower is built as a rifle it can no longer be built as a pistol. I realize this would be difficult to prove, but none-the-less that is the way the ATF sees it.
 
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