Team,
When building a NFA approved SBR 223/5.56/300 do you use a pistol buffer assembly or still use a regular ar-15 buffer assembly?
Thanks,
Hitman9921

If you already have your stamp then use the standard AR15 buffer tube and stock of your choice.
If you are awaiting your stamp- A common practice I've seen here on the forum is to build the rifle with a pistol buffer until the stamp arrives then install the standard buffer tube and stock. Some guys prefer to wait until the stamp arrives before they assemble. Even if you don't intend to fire it before you get your stamp but you want to assemble your upper------My opinion is if you have an assembled short barreled upper in you gun cabinet, you might better have an assembled lower with a pistol buffer installed on hand as well.
I don't know the legality of this. Somebody will chime in with more knowledge than myself.
And the frequently repeated disclaimer: Always check local laws that pertain to your state, city, or region.



SBR subforum here

You sir are correct.

We had lengthy discussion here about constructive possession (CP).

In short, constructive possession doesn't really exist as long as the parts you have can be assembled for other legal use. Furthermore, the CP charge is a secondary charge. So unless you are busted for other firearm related charges, the likelihood of being charged and convicted for CP is null - no such case existed as we can find.

To keep in line with the spirit of the law, if you are going to have one or more assembled pistol uppers, please be sure to have at least 1 pistol lower or registered SBR lower near by. This way you can legally claim all the assembled uppers are spare parts for your pistol lower. Shockwave pistol stablizer fin comes really handy.

But again, I am not a lawyer and my name is TheStupid.

TheStupid nailed it.

One thing to keep in mind is that a pistol may be converted to a rifle, but not the other way around. That said, don't swap the carbine receiver extension on an old rifle for a pistol extension. Build one from the ground up w/ pistol extension on a stripped lower.

Thanks sirs!

Plenty of builders just use a carbine tube. It's legal. There are a lot of fearmongers waving the "constructive possession" flag but the reality is that the ATF isn't searching homes based on our purchases. About the only case of recent note was one where a shooter had a carbine and pistol disassembled stored in the same gun bag, had his vehicle searched, the gun seized, the cops later assembled them in an illegal configuration and then sent a pic to the ATF.  

Did I mention it all started with a road rage incident, one was a fireman, the other a cop? The two tribes generally have issues and it shold be obvious they deliberately created the thing to dime him out. Unfortunately his lawyer was apparently better at estate planning and lost the case, not even challenging the "evidence."

So much for constructive intent, internet lawyers make more of it than exists. Use the tube you prefer, but keep in mind that if it going to be a pistol the overall length is more important being under 26". Over that and it could be interpreted as a 'firearm' which means it may not be considered covered by CCW. I'm not aware of m/any cases involving that, pretty much another internet concern not actually happening in the wild.

Worry more about why you might get stopped and deal with that. As for "constructive intent" anyone who owns a carbine and a pistol would fall under the internet lawyers risk assessment - yet compare that with the shooting population. Most who own pistols also own other AR's so for the most part we are unimpressed the argument has any validity.

OK gang...just purchased a new stripped lower from a local dealer.  Paperwork states "Receiver"...so can I use it on my 10.5" complete upper to make an AR pistol?  I just bought the 10.5" set-up on sale from Palmetto and it's killing me not being used.

I was going to use the Registered lower and marge it with a rifle upper that I also purchased and then have an 80% accompany the pistol/SBR

What do I do...and keep it legal in Uncle Sam's eyes?????

Jeff

4473 makes no difference what it says, FFL's fill them out incorrectly and they don't make a legal determination about it. The ATF does, and any questions they have go back to the shipper about what configuration it's sold.

A stripped lower is "other" as far as I legally know.

BTW, about 66 manufacturers and wholesalers report 4473 data directly to the ATF via internet and in the last 15 reportable years they recorded over 252 million distinctly different serial numbers, no repeats. It's a searchable database to the ATF. They have no problem finding out what was shipped in a lot of cases.

When you add a stock to a lower with a 16" or bigger barrel to it in the FIRST assembly it makes it a rifle. And you can't go back.

What's "registered lower"?

As far as I understand, since there's no case law I can find, any lower, stripped or not, you can build it into a pistol AS LONG AS you didn't yank that lower off a complete commercial rifle. Even in that case, the chance of you getting caught, charged and convicted is null as long you don't brag and post on internet about what you did a few million times, go on shooting up a school but somehow come out alive or have a truck load of them in your suburban, while high on cocaine/whisky, trying to race a police car.

Again, I am not a lawyer and my name is TheStupid.