AR15.Com Archives
 A virgin, stripped, lower receiver...
Makarov  [Member]
11/3/2011 4:36:40 AM EST
May I legally assemble an AR -PISTOL from a virgin, stripped lower receiver? Does it have to be marked "Pistol"? Does the dealer have to log the naked receiver in his transaction record as a "Handgun"? I am interested in assembling a pistol but I do not want to create an SBR or AOW by using the wrong receiver. Thank you for any help.

DISCLAIMER - I am not seeking "legal advice" just informed opinions.
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AR-TRVLR  [Member]
11/3/2011 5:04:19 AM EST
Originally Posted By Makarov:
May I legally assemble an AR -PISTOL from a virgin, stripped lower receiver?


Yes.

Originally Posted By Makarov:
Does it have to be marked "Pistol"?


No.

Originally Posted By Makarov:
Does the dealer have to log the naked receiver in his transaction record as a "Handgun"?


They are transferred as receivers.
glazer1972  [Life Member]
11/3/2011 5:11:29 AM EST
Originally Posted By AR-TRVLR:
Originally Posted By Makarov:
May I legally assemble an AR -PISTOL from a virgin, stripped lower receiver?


Yes.

Originally Posted By Makarov:
Does it have to be marked "Pistol"?


No.

Originally Posted By Makarov:
Does the dealer have to log the naked receiver in his transaction record as a "Handgun"?


They are transferred as receivers.


Makarov  [Member]
11/3/2011 5:44:17 AM EST
Ok, Thank you

So a dealer selling virgin, stripped receivers does not need to be told it will become a "pistol" or a "rifle"? but once a buttstock is attached the receiver is forever classified as a rifle even if stripped to a bare receiver again?

Sorry to labor the point but my New Year's resolution was to avoid ATF anal probes


Thank You All Again !!!
Shermantor-AR15  [Member]
11/3/2011 7:54:10 AM EST
Originally Posted By Makarov:
Ok, Thank you

So a dealer selling virgin, stripped receivers does not need to be told it will become a "pistol" or a "rifle"? but once a buttstock is attached the receiver is forever classified as a rifle even if stripped to a bare receiver again?

Sorry to labor the point but my New Year's resolution was to avoid ATF anal probes


Thank You All Again !!!


The ATF issued ATF Ruling 2011-4 which basically says the following: If the firearms starts out as a pistol you can convert it to a Title 1 rifle and later if you want legally change it back to a pistol.

If the firearm starts as a Pistol, can be converted to a rifle and back to a pistol as long as you meet all the legal restrictions for which configuation you have it in.

If the firearm starts as a Rifle can only be a rifle or after filing a Form 1 made into a SBR.

Banger  [Team Member]
11/3/2011 11:39:12 AM EST
If you buy an AR-15 receiver only it is classified as "receiver" on form 4473.

You can therefore configure it as a rifle or pistol interchangeably, at any time.

Only firearms that have been filed on form 4473 as "rifle" cannot be converted to a pistol.
RenegadeX  [Member]
11/3/2011 6:09:06 PM EST

Originally Posted By Makarov:
Ok, Thank you

So a dealer selling virgin, stripped receivers does not need to be told it will become a "pistol" or a "rifle"?


Correct.


Originally Posted By Makarov:

but once a buttstock is attached the receiver is forever classified as a rifle


No, it could still become a Shotgun.

Shermantor-AR15  [Member]
11/4/2011 4:08:58 AM EST
Originally Posted By Banger:
If you buy an AR-15 receiver only it is classified as "receiver" on form 4473.

You can therefore configure it as a rifle or pistol interchangeably, at any time.

Only firearms that have been filed on form 4473 as "rifle" cannot be converted to a pistol.


I don't think, your statement I bolded, is correct. Or atleast it can be argued to be a grey area.

If you take a new receiver, the only way you can legally do what you are saying is if you configure it into a pistol FIRST. If configure it as a rifle first, it can never become a pistol regardless of what is on the 4473.

The only way to NEVER end up in a grey area is to actually buy a firearm that has the 4473 marked as Handgun.
Banger  [Team Member]
11/4/2011 6:07:40 AM EST
from BATFE ruling 2011-4 - Assembly of Weapons from Parts Kits

Based on the definition of "firearm” in 26 U.S.C. 5845(a)(3), if parts are assembled into a rifle having a barrel or barrels of less than 16 inches in length, a regulated short-barreled rifle has been made. See, e.g., United States v. Owens, 103 F.3d 953 (11th Cir. 1997); United States v. One (1) Colt Ar-15, 394 F. Supp. 2d 1064 (W.D.Tenn. 2004). Conversely, if the parts are assembled into a rifle having a barrel or barrels 16 inches in length or more, a rifle not subject to the NFA has been made.

Therefore, so long as a parts kit or collection of parts is not used to make a firearm regulated under the NFA (e.g., a short-barreled rifle or "any other weapon” as defined by 26 U.S.C. 5845(e)), no NFA firearm is made when the same parts are assembled or re-assembled in a configuration not regulated under the NFA (e.g., a pistol, or a rifle with a barrel of 16 inches or more in length). Merely assembling and disassembling such a rifle does not result in the making of a new weapon; rather, it is the same rifle in a knockdown condition (i.e., complete as to all component parts). Likewise, because it is the same weapon when reconfigured as a pistol, no "weapon made from a rifle” subject to the NFA has been made.


RenegadeX  [Member]
11/4/2011 6:13:41 AM EST

Originally Posted By Shermantor-AR15:


The only way to NEVER end up in a grey area is to actually buy a firearm that has the 4473 marked as Handgun.

No marked "handgun" means nothing. Anyone can engrave that on later (which is how many of them are done).

The fact is as time moves forward, all lowers will originally be made as handguns. This way they are free to be longarms later.

If I was an MFG making/selling stripped lowers, I would assemble all as handguns before they left the factory stripped. That way customers would know any lower bought from my company would be GTG. I imagine others will this too.
Circuits  [Team Member]
11/4/2011 6:22:30 AM EST
FAET on handguns is cheaper, too, at 10%, rather than 11%.
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