I'm possibly looking to add a 556 pistol to my stable of 16" rifles. If I bought a new AR pistol with a brace, at some time could I buy another lower and register the lower as an SBR, go through the stamp process while keeping possession of the complete pistol and then put the upper from the pistol on the new SBR lower after getting the stamp? Thanks for any feedback.

You can 100% do this.

You can even use the same lower you use on the pistol. Get it engraved, file your form 1, use it with the brace until your stamp comes back, and just add a stock.

Now that's even a better option. Thank you sir.

The advantage of having two lowers. 1 SBR & 1 brace is you don’t have to file paperwork with the ATF when you want to take your SBR out of state.

I live in MD but shoot in PA on the regular.

You don't need 2 lowers to do that, but it is easier than having to swap the stock for a brace.

You’re right. I’m lazy

Wouldn't a registered SBR be an SBR no matter if you swap a brace on it or not. I thought once it's registered NFA it needs paperwork to travel across state lines either way?

Slapping a brace on it doesn't change it to a pistol is what I was always told or at least I thought this.

Just out of curiosity

No, NFA is based on specific definitions which mostly equate to current physical configuration (with some exceptions like original rifles not being able to become pistols even when configured as such).

If you started with a pistol, or a receiver which first became a pistol (just not a rifle originally), then you can change it back into a pistol by removing the stock. That makes it a Title I (GCA) firearm again.

It's only a Title II (NFA) SBR when it meets the definition of a SBR.

Attached File

Very helpful info. Thanks

Correct.

This poses an interesting question for BATF.
Considering the latest fight over the SBA3.
If you have a pistol with an SBA3 that has not been approved by BATF and you get it SBR'd.
Then switch it back to SBA3 and take it across state lines, which would they try to charge you with?

Nothing, unless you have done something really stupid. There are thousands of "illegal" sbr configured ar's in circulation, and a bunch of the people who have them have no idea about the nfa, but they manage to not get arrested for them. They just shoot them for fun and are not committing any crimes besides not following the nfa.

How can my Springfield saint be a illegal sbr when it was sold and purchased as a legal pistol?

I find nothing illegal but the ATF making bullshit conclusions that cannot be backed up by law and are solely the opinion of the current ATF brass.

Here is to hoping that pistol braces remain just as legal in the future as they are now

My point was that the atf is not some magical agency that detects every violation, and arrests people for it. People who build sbr's without knowing they have violated the stupid fucking rules have nothing to do with your saint pistol, it was an example I used to show that unless you do something wrong besides having an nfa violation, you are not likely going to be arrested for it. Most times it is an add on charge after the fact.
Enjoy your pistol, and don't worry about something that might happen until it does.

many people thought the same thing about the bump stock.
I haven't seen some magical turn in on them either. lol
Still, BATF may become more magical if they get the new Tax on firearms and magazines passed. They would have a lot of funding. Kiinda like the gas tax.
anyway back to OP. I find it interesting that we could put it back in "pistol" config and take it without notifying BATF if it was in fact tax stamped SBR.
Granted who would ever know and who cares other than BATF, but it would be nice to actually have an idea how they would address this.  We can speculate all we want, but until it actually happens we don't know what they would say.
I see the scenario going something like this:
you put your pistol brace back on your SBR and go on vacation.  You are looking for a hotel and make a wrong turn or do some other violation that captures the LEO in the area.  He stops you and being a good officer he starts doing some questioning. You are tired and somewhere in the communication you get on his bad side. He questions you some more and you tell him since your a CCW holder that you have x guns in your car including your legal in his state AR pistol.  He wants to examine them and takes a look at your AR pistol and believes it is an SBR after seeing your engravings.  Questioning goes on and he decides since there is a local BATF in the area he calls and in they come to check it out.
Now how would this scene go???
my $.02 I'll shut up now.

I did this on three pistol to SBR builds. Easy peasy doing e-file form 1. Hell, I even rolled my own FP cards without issue.

My FFL engraver wouldn't do the engraving until I had the stamp in hand. I get that, no big deal. But now that he and I are fairly close friends, he'd probably do it.

My .02? Get it done. I see the AFT brace fiasco getting worse in the coming times. I'm happy I SBR'd all 3 of mine no question.

I did this, no brace though. I wanted to be sure everything functioned before I did the Form 1.

Most cops don't know shit about the nfa, and if they did, they would understand in the current configuration you speak of, it is indeed a pistol, and not under nfa rules. If he doesn't, he wouldn't understand the engraving to begin with.