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Posted: 8/8/2011 7:14:45 AM EDT
In light of the BATF's recent ruling, would it make sense to keep a pistol buffer tube and pistol upper around if you're doing a lot of builds, and just build each receiver as a pistol, take a picture of it to establish the date, then rebuild it however you want it?  Seems like that would keep your options open for the future.
Link Posted: 8/8/2011 9:29:11 AM EDT
[#1]
Link Posted: 8/8/2011 10:32:32 AM EDT
[#2]
I bought a couple of EA lowers about 5yrs ago. I don't know how my ffl posted them in the book. Fact is,I can't even find the dude's number as I don't use him anymore. I have one virgin lower. Will it still make a difference on how it was posted?
Link Posted: 8/8/2011 11:21:48 AM EDT
[#3]
Quoted:
I bought a couple of EA lowers about 5yrs ago. I don't know how my ffl posted them in the book. Fact is,I can't even find the dude's number as I don't use him anymore. I have one virgin lower. Will it still make a difference on how it was posted?


I think all lowers 5 years ago were marked as "other" when transferred, so as long as you don't have to register pistols in your area, you should be fine. Don't quote me on that though.
Link Posted: 8/8/2011 11:56:18 AM EDT
[#4]
I kept my pistol tube just in case. Figured something like this would come through.
Link Posted: 8/8/2011 12:02:19 PM EDT
[#5]
How do these rules work for pistols...

There is no registration or anything in Florida. I could get a stripped lower, configure it as a rifle, to pistol,and back to rifle again and no one would ever know the difference...

Honor system?
Link Posted: 8/8/2011 12:34:23 PM EDT
[#6]
Mmm––-pistol tube and any barreled upper. Take pins out, put rifle or collapsible buffer tube on. Or just keep a pistol lower around. I'd do that to run any upper on the gun that I'd consider doing a dedicated lower for.
Link Posted: 8/9/2011 12:55:43 AM EDT
[#7]
Quoted:
How do these rules work for pistols...

There is no registration or anything in Florida. I could get a stripped lower, configure it as a rifle, to pistol,and back to rifle again and no one would ever know the difference...

Honor system?



I think you have it back-wards. I think-THINK-the law says that if you have an origional pistol lower you can recinfigure it to both.

Link Posted: 8/9/2011 3:46:51 AM EDT
[#8]
Quoted:
Quoted:
How do these rules work for pistols...

There is no registration or anything in Florida. I could get a stripped lower, configure it as a rifle, to pistol,and back to rifle again and no one would ever know the difference...

Honor system?



I think you have it back-wards. I think-THINK-the law says that if you have an origional pistol lower you can recinfigure it to both.



This is how I understand it also.  But I do remember but cannot quote a BATFE response that if you buy an assembled lower and never put a rifle length upper on it, that lower can have the stock removed to become a pistol.  Looking for the link now.
Link Posted: 8/9/2011 3:56:40 AM EDT
[#9]
Quoted:
How do these rules work for pistols...

There is no registration or anything in Florida. I could get a stripped lower, configure it as a rifle, to pistol,and back to rifle again and no one would ever know the difference...

Honor system?


Florida is done with the FFL at registration.  The FFL should ask you if the stripped lower will be a pistol or rifle.  Once it's registered as a rifle...It is a rifle.  If registered as a pistol, then it is a pistol.  In case your FFL is an idiot, let him know you are buying a stripped lower to build a pistol, but he should ask you.

Rob
Link Posted: 8/9/2011 4:02:15 AM EDT
[#10]
I think all reading these posts better check into the law a little better.  The advise of taking a lower with a stock and putting on the pistol upper with any barrel (SBR?) doesn't make sense.  Why the hell would the ATF have the SBR stamp then?  No one would ever register the lower to be anything but a pistol, and they would not get the $200 or keep track of the SBRs.  I think people are reading into this too much, and we are taking the advise on a post in a forum.  I don't think your lawyer would have much defense with that statement when you get busted.  What is the fine?  $250,000 or 5 years?  Just asking?

Seek some professional advise before flip flopping these pistol/rifles.  Who would catch you?  You would be surprised.

Maybe I am reading into these posts too much!?
Link Posted: 8/9/2011 4:32:20 AM EDT
[#11]





Quoted:



I think all reading these posts better check into the law a little better.  The advise of taking a lower with a stock and putting on the pistol upper with any barrel (SBR?) doesn't make sense.  Why the hell would the ATF have the SBR stamp then?  No one would ever register the lower to be anything but a pistol, and they would not get the $200 or keep track of the SBRs.  I think people are reading into this too much, and we are taking the advise on a post in a forum.  I don't think your lawyer would have much defense with that statement when you get busted.  What is the fine?  $250,000 or 5 years?  Just asking?





Seek some professional advise before flip flopping these pistol/rifles.  Who would catch you?  You would be surprised.





Maybe I am reading into these posts too much!?
I don't think you are reading comprehending what they are talking about.



Build as pistol. Use pistol tube for any upper you have.  Use rifle tube w/stock with your > 16" uppers.





CHRIS
 
 
Link Posted: 8/9/2011 10:10:00 AM EDT
[#12]
When going from pistol to rifle. First remove the sub 16" upper from lower. Then add stock. Then replace upper with 16" or greater upper.
When going from rifle to pistol. Remove upper. Remove stock and replace with pistol tube. Then put sub 16" upper on.

Doing it in this order prevents creating a short barreled rife. Also whenever you're doing this make sure you have all parts on hand. So don't go to range with it configured as a pistol and have a stock in the car. You need to have a stock and rifle length upper to prevent being charged with intent to create an sbr.

Also Herknav90 In Florida as well as every other state in the union when you purchase a stripped lower it is now transferred as "other" on the 4473. That is because when it is sold it does not meet the definition for a pistol rifle or shotgun. Pistol grip shotguns are also transferred as "other" because the do not meet the definition of shotgun.
Link Posted: 8/10/2011 7:37:04 PM EDT
[#13]
What is this recent BATFE ruling of which you speak?  The last time I looked, they were saying that the conversion could only go from pistol to rifle and not back even though it started out as a pistol.  Got a link to the recent ruling?
Link Posted: 8/10/2011 8:45:53 PM EDT
[#14]
Link Posted: 8/14/2011 4:45:10 PM EDT
[#15]
Nonetheless, if a handgun or other weapon with an overall length of less than 26 inches, or a barrel or barrels of less than 16 inches in length is assembled or otherwise produced from a weapon originally assembled or produced only as a rifle, such a weapon is a “weapon made from a rifle” as defined by 26 U.S.C. 5845(a)(4). Such a weapon would not be a “pistol” because the weapon was not originally designed, made, and intended to fire a projectile by one hand.


The way I read it, any stripped lower can be used for whatever, whenever, you wish. And the FFL can just record the stripped lower as a receiver. They do not have to put what its for at all. At least in FL.
Link Posted: 8/14/2011 6:50:18 PM EDT
[#16]
Link Posted: 8/14/2011 9:44:46 PM EDT
[#17]
Quoted:
Quoted:
Quoted:
How do these rules work for pistols...

There is no registration or anything in Florida. I could get a stripped lower, configure it as a rifle, to pistol,and back to rifle again and no one would ever know the difference...

Honor system?



I think you have it back-wards. I think-THINK-the law says that if you have an origional pistol lower you can recinfigure it to both.



This is how I understand it also.  But I do remember but cannot quote a BATFE response that if you buy an assembled lower and never put a rifle length upper on it, that lower can have the stock removed to become a pistol.  Looking for the link now.


I'm a 20 yr old FL resident and I'm trying to buy an aero precision lower. From what I understand, can I tell my FFL to register it as a rifle, and be alright? I hate all this bureaucracy with lowers being "other". I mean one of my younger classmates finished his tour getting IED'd in Afghanistan and they won't sell me a lower. Malarkey
Link Posted: 8/14/2011 11:18:12 PM EDT
[#18]
Quoted:
Quoted:
Quoted:
Quoted:
How do these rules work for pistols...

There is no registration or anything in Florida. I could get a stripped lower, configure it as a rifle, to pistol,and back to rifle again and no one would ever know the difference...

Honor system?



I think you have it back-wards. I think-THINK-the law says that if you have an origional pistol lower you can recinfigure it to both.



This is how I understand it also.  But I do remember but cannot quote a BATFE response that if you buy an assembled lower and never put a rifle length upper on it, that lower can have the stock removed to become a pistol.  Looking for the link now.


I'm a 20 yr old FL resident and I'm trying to buy an aero precision lower. From what I understand, can I tell my FFL to register it as a rifle, and be alright? I hate all this bureaucracy with lowers being "other". I mean one of my younger classmates finished his tour getting IED'd in Afghanistan and they won't sell me a lower. Malarkey


No, it has to be transferred as a receiver if it is stripped. Which means you cannot buy it until you are 21 years of age. Your only real option for getting a stripped lower at this point in your life is to have a family member buy it and "gift" it to you,
Link Posted: 8/15/2011 6:36:52 AM EDT
[#19]
Quoted:
Quoted:
Quoted:
Quoted:
Quoted:
How do these rules work for pistols...

There is no registration or anything in Florida. I could get a stripped lower, configure it as a rifle, to pistol,and back to rifle again and no one would ever know the difference...

Honor system?



I think you have it back-wards. I think-THINK-the law says that if you have an origional pistol lower you can recinfigure it to both.



This is how I understand it also.  But I do remember but cannot quote a BATFE response that if you buy an assembled lower and never put a rifle length upper on it, that lower can have the stock removed to become a pistol.  Looking for the link now.


I'm a 20 yr old FL resident and I'm trying to buy an aero precision lower. From what I understand, can I tell my FFL to register it as a rifle, and be alright? I hate all this bureaucracy with lowers being "other". I mean one of my younger classmates finished his tour getting IED'd in Afghanistan and they won't sell me a lower. Malarkey


No, it has to be transferred as a receiver if it is stripped. Which means you cannot buy it until you are 21 years of age. Your only real option for getting a stripped lower at this point in your life is to have a family member buy it and "gift" it to you,


I tried to buy a complete lower after they wouldn't sell me a stripped one (also 20 yr old) and they wouldn't sell that to me either, even though it clearly had a stock installed... was that right? I feel like a complete lower is in no way ever going to be a pistol unless sold with a pistol tube.
Link Posted: 8/15/2011 6:50:08 AM EDT
[#20]
Quoted:
Quoted:
Quoted:
Quoted:
Quoted:
Quoted:
How do these rules work for pistols...

There is no registration or anything in Florida. I could get a stripped lower, configure it as a rifle, to pistol,and back to rifle again and no one would ever know the difference...

Honor system?



I think you have it back-wards. I think-THINK-the law says that if you have an origional pistol lower you can recinfigure it to both.



This is how I understand it also.  But I do remember but cannot quote a BATFE response that if you buy an assembled lower and never put a rifle length upper on it, that lower can have the stock removed to become a pistol.  Looking for the link now.


I'm a 20 yr old FL resident and I'm trying to buy an aero precision lower. From what I understand, can I tell my FFL to register it as a rifle, and be alright? I hate all this bureaucracy with lowers being "other". I mean one of my younger classmates finished his tour getting IED'd in Afghanistan and they won't sell me a lower. Malarkey


No, it has to be transferred as a receiver if it is stripped. Which means you cannot buy it until you are 21 years of age. Your only real option for getting a stripped lower at this point in your life is to have a family member buy it and "gift" it to you,


I tried to buy a complete lower after they wouldn't sell me a stripped one (also 20 yr old) and they wouldn't sell that to me either, even though it clearly had a stock installed... was that right? I feel like a complete lower is in no way ever going to be a pistol unless sold with a pistol tube.


As long as its never had an upper put on it, it still considered a receiver. Yes, it could still be built as a pistol as it has technically not been built as a rifle yet.
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