I'm writing a letter to the atf regarding ruling 2011-4
http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2011-4.pdf
Basically, they say a pistol can be converted into a rifle using a kit, and back into a pistol, so long as it never has a stock while the pistol barrel is on (making it an illegal sbr)
My question is if this applies to homemade pistols (parts kits built from 80% receivers assembled as pistols by an individual (uzi's, sterlings, stens's, ect.) since they have easily removable barrels and stocks readily available. (but not technically ever a "manufacture produced "kit")
If it does apply, how would an authority know if it was originally a pistol or rifle? Do you engrave the word"pistol" into your build
Anyways, here's my letter, let me know what you think.....
Hello. I have a question regarding specifics of ATF ruling 2011-4.
It is to my understanding, that under ATF ruling 2011-4, one is able to add a stock and barrel to their pistol, so long as the barrel is atleast 16" in legnth, and the firearm has a minimum overall length of 26". The pistol in it's "rifle" form, is also then legally able to be made back into a pistol again by removing components. It is also to my understanding, that a stock must never be on the pistol when a barrel of under 16" in length is on the pistol (which would make an NFA firearm). Lastly, I also understand this only applies to pistols, and that rifles cannot have a barrel under 16" (and overall length of 26") without being a registered NFA firearms.
Atf ruling 2011-4 was originally made as a result of a manufacture made "Kit" available to a pistol.
My question is whether or not 2011-4 still applies if the pistol was originally legally made by an individual, and not a maufacture? Also, if the components to bring the pistol to "rifle length" are not a manufacture made kit, but simply parts available.
For example:
An individual can rebuild certain demilled military firearms "parts kits" on Blank receivers (an unfinished receiver that is not yet considered a firearm) in legal semi-auto only BATEF approved configurations and for personal use only. Since the individual finishes the receivers construction (making it an operational firearm) they are considered the manufacture in this case. It would also be up to their decision, whether their firearm will fall under the definition of pistol or rifle.
Since it is common for some of these military firearms (legally built from part kits) to have removable stock and barrels, would ATF 2011-4 still apply, assuming the assembler of the "parts kit firearms" originally created it as a pistol? If 2011-4 does apply, does the original builder of the pistol need to engrave the word "pistol" on the frame ? (since these parts kits are commonly built as both rifle and pistol)
And lastly, since an undocumented NFA firearm is possible to create with having these parts on hand, how does one make sure "constructive intent" to assemble an NFA firearm never applies to them? Must respective pistol and "rifle kit" parts be separated physically in their respective pairs?