Legality Question – Using regular buffer tube w/o stock installed

I just finished my rifle and have everything ready to rock and roll except for my muzzle device (I am waiting on AAC to release their new 90t MD). The barrel is 14.5" and I have an A2 flash hider that Brian sent me for free until the new AAC MD's come out. As you know the A2 flash hider will not bring the OAL to 16.1" on a 14.5" barrel. I know if you have a pistol buffer tube on your rifle with a barrel under 16.1" it is legal but is it legal to have a rifle with a barrel under 16.1" with a regular buffer tube installed as long as your stock is not installed? or do I need to buy a pistol buffer tube to shoot this bad boy until AAC's new products come out.

Also since we are on that topic I heard that AAC's new Suppressors & Muzzle Devices are suppose to hit the market sometime in April does anyone know if that is true? and if that is not accurate, does anyone have a date on those?

Thanks!

I think you're playing with fire here. First, you know that the muzzle device has to be pinned, right? You can't just screw it on and call it good. Second, there is a lot of funny language in the laws about what features constitute a rifle and what features constitute a pistol, and so on. A lot of times, once a receiver has been made into a certain type of weapon, there's no going back. I've heard it said "once a rifle, always a rifle," meaning that once it's been made into a rifle, just swapping out a pistol buffer tube and short barrel does not make it into a pistol, it makes it into an illegal short barreled rifle. I am not sure if it goes both ways, meaning, I am not sure if there is a "once a pistol, always a pistol" for lower receivers.

I guess what I'm getting at is that you're walking a very fine legal line and asking a bunch of yahoos like us on forums is asking to get in trouble and lose your guns. Do it right, don't try to find a loophole unless you're willing to face the consequences.

Im pretty sure your weapon will be classified as a short barreled rifle unless the reciever was purchased new as a pistol part.

You can use a regular buffer tube on a pistol variant, but you have to modify the tube so that you cant slide a stock on easily (like mounting your sling onto the back of the tube)

Here's the situation you want to be in to be legal: To not own any stocks that work with your AR pistol's buffer tube.

If you have a carbine tube on a pistol and you do not own any carbine stocks, you're fine.
If you have a commercial buffer tube on your pistol but you only own mil-spec stocks, you're also probably safe as mil spec stocks don't fit on commercial tubes. And of course, if you have a pistol buffer tube, no stocks will work on it.

If you own an AR pistol with a mil spec tube and you own any carbine stocks, whether commercial or mil spec (because both types fit on mil spec tubes), you are in constructive possession of an SBR, which is legally the same thing as actual possession. Similarly, if you own all the parts to construct an SBR (most importantly the barrel and lower receiver), even if it's laying in parts spread throughout the house, you have constructive possession of an SBR unless you can make a legal configuration with the parts (AR pistol, no extra stocks laying around, etc).

The chances of being caught are slim-to-none unless you're already under investigation for something else, but it's still a felony to constructively possess an unregistered SBR.


Incorrect. The receiver doesn't have to be purchased as a pistol part, it just can't be registered as a rifle. Being registered as a "firearm", like all stripped receivers should be, is fine for making a pistol.


None of the above is legal advice.

ABOVE IS SEMI CORRECT IN REGARDS TO THE LOWER.

IF it has EVER been built as a rifle, it CANNOT be rebuilt as a pistol. You can go pistol to rifle, but never rifle to pistol. The moment a stock touches that tube, you are running a SBR. (they are also checked as "other" on a 4473 now)

Honestly, you are in a legally grey area. Use your best judgement, but watch your cornhole.

Not true. If it was registered as a firearm (or pistol), built as a pistol, then rebuilt as a rifle, it CAN return to being a pistol. But honestly, as long as it's registered as a firearm or pistol, you can run it in any configuration. If you want to be 100% legal, buy it as a firearm receiver, build it as a pistol, take a picutre with time and date, then however you configure it in the future (besides SBR of course), you'll be safe.

However, a registered rifle or firearm that started life as a rifle cannot be rebuilt as a pistol. But if it was registered as a firearm and purchased as a stripped lower receiver, there is almost no way for anyone to know the build history of that stripped lower receiver. Just sayin.

None of the above is legal advice. I am not anyone here's lawyer.

To the OP: See all this? All of us saying "you're wrong, I'm right." Then the next post "you're partially right, but I'm more right." It's not worth it bud. Don't ask non-lawyers for legal advice. Like I said earlier, you're playing with fire and any one of us giving you advice could get you burned. Be careful. Get a muzzle device permanently attached ASAP. This is why I will never own a 14.5" barrel. Not worth it.

This isn't my first build and I understand it has to be pinned. You are right about all the mixed advice. I will probably just get a temp MD pinned to bring it to 16.1" until the the new 90t MD's come out and then just send it to ADCO for them to take it off and repin another one. I am pretty hell bent on getting this thing legally shootable. Thanks for all the replys.

More like, don't ask anyone, lawyer or not, for legal advice unless they're YOUR lawyer. I am not anyone on arfcom's lawyer so what I write is not to be taken as legal advice. However:

Don't own any unattached stocks if you use a carbine mil-spec tube on your pistol.
If you build a lower receiver that was registered as a "firearm" into a pistol, you can rebuild it as a rifle/sbr, then go back to pistol. However, you cannot go from rifle to pistol without the receiver having been a pistol first.

To learn more, you should really check out the pistol section of arfcom. Or better yet, check out the actual ATF website, their letters, and the US Code.

Thanks for the advice but I am just going to get it pinned immediately and sleep well at night.

Is it just me, but do all the NFA tricky types of questions come out of WV a lot? Just saying! LOL

I personally wouldn't pin it for only a month or two, just to have to send it off again when the ACC part comes out. Assuming you are using a stripped lower build, just go buy a pistol receiver extension and use that until the ACC arrives. I wouldn't use a stock that could be used with a stock body. With the pistol extension, you don't have to pin the A2.

It's just you.

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