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Posted: 12/20/2017 5:09:17 PM EDT
Hey all,

I'm pretty sure you can make an SBR temporarily not an SBR by throwing a longer barrel on it. Then regular title 1 firearm rules apply and you can cross state lines without issue.

Could you (assuming that you built the lower as a pistol while waiting for the stamp to clear) swap out the stock and buffer tube for a pistol brace while keeping the short upper on it and convert it back to a pistol?

I have a trip coming up and I'm not sure of the final destination or if I'd be able to get an SBR hall pass completed and returned by the time we left. Just wondering what the options are.

I have a pistol lower but the SBR already has a Law on it and I'm not super interested in taking it all apart if I don't have to.
Link Posted: 12/20/2017 5:23:46 PM EDT
[#1]
Either take it as a pistol, or as a Title 1 rifle. Then it's not an SBR, and SBR rules don't apply.
Link Posted: 12/20/2017 5:31:43 PM EDT
[#2]
Still a federally registered SBR. Wouldn't do it. File form with ATF notifying them of movement across state lines.
Link Posted: 12/20/2017 5:38:37 PM EDT
[#3]
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Quoted:
Still a federally registered SBR. Wouldn't do it. File form with ATF notifying them of movement across state lines.
View Quote
ATF has specifically stated that it is only an NFA firearm subject to NFA rules when in the SBR configuration.
Link Posted: 12/20/2017 5:41:44 PM EDT
[#4]
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Quoted:

ATF has specifically stated that it is only an NFA firearm subject to NFA rules when in the SBR configuration.
View Quote


interesting...
Link Posted: 12/20/2017 5:54:15 PM EDT
[#5]
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Quoted:

ATF has specifically stated that it is only an NFA firearm subject to NFA rules when in the SBR configuration.
View Quote
do you have a link/source? I got the SBR as an individual and I would hate to get myself or wife in trouble for it being alone with her (like if we stop and I run into the store or something) as we'll be traveling in an RV.
Link Posted: 12/20/2017 7:05:38 PM EDT
[#6]
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Quoted:

do you have a link/source? I got the SBR as an individual and I would hate to get myself or wife in trouble for it being alone with her (like if we stop and I run into the store or something) as we'll be traveling in an RV.
View Quote
Link

Last paragraph on Page 2
Link Posted: 12/21/2017 7:38:00 AM EDT
[#7]
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Quoted:

Link

Last paragraph on Page 2
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the way I'm reading that it talks about the longer barrel making it a regular rifle, nothing about as a pistol. Says specifically the upper much be left in the home state.
Link Posted: 12/21/2017 9:25:01 AM EDT
[#8]
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Quoted:
Either take it as a pistol, or as a Title 1 rifle. Then it's not an SBR, and SBR rules don't apply.
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I don't think there's been a clear answer as to whether an SBR (even if it was first built as a pistol--if it wasn't first built as a pistol, the answer is clear that it's a no-go) can be returned to pistol configuration and be treated as a Title 1 firearm.  Regular rifle is clear--put a longer barrel on it, and it's a Title 1 rifle.  But for a pistol, the argument is more or less that by registering the lower, you're calling it a rifle, and whatever you then do to it will be a "firearm made from a rifle."
Link Posted: 12/21/2017 10:08:05 AM EDT
[#9]
If you put a brace on it and keep the short upper, it's then a firearm made from a rifle (made from the SBR).

There's some disagreement on the subject.
Link Posted: 12/21/2017 10:11:31 AM EDT
[#10]
If that argument were true, then wouldn't it be illegal to turn any pistol into a rifle, and then back into a pistol?

You aren't re-manufacturing a pistol into a rifle when you make it a Form 1 SBR. You're just making it.

When you turn a Title I pistol into a Title I rifle, you made it into a rifle. Same terminology.

I think it's acceptable to go back to pistol. ATF doesn't have to green-light stuff for it to be legal.
Link Posted: 12/21/2017 10:29:03 AM EDT
[#11]
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Quoted:
If that argument were true, then wouldn't it be illegal to turn any pistol into a rifle, and then back into a pistol?

You aren't re-manufacturing a pistol into a rifle when you make it a Form 1 SBR. You're just making it.

When you turn a Title I pistol into a Title I rifle, you made it into a rifle. Same terminology.

I think it's acceptable to go back to pistol. ATF doesn't have to green-light stuff for it to be legal.
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Quoted:
If that argument were true, then wouldn't it be illegal to turn any pistol into a rifle, and then back into a pistol?

You aren't re-manufacturing a pistol into a rifle when you make it a Form 1 SBR. You're just making it.

When you turn a Title I pistol into a Title I rifle, you made it into a rifle. Same terminology.

I think it's acceptable to go back to pistol. ATF doesn't have to green-light stuff for it to be legal.
ATF has specifically said that pistol>rifle>pistol is OK.  They have not made a ruling on turning an SBR into a pistol.

The term "short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches.[18 USCS § 921]
Once it's an SBR it could be considered to forever be a rifle.  Hence the gray area.
Link Posted: 12/21/2017 11:32:53 AM EDT
[#12]
That same law applies to any handgun made from any rifle, so if one is gray, they're both gray.
Link Posted: 12/21/2017 11:46:51 AM EDT
[#13]
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Quoted:
That same law applies to any handgun made from any rifle, so if one is gray, they're both gray.
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Quoted:
That same law applies to any handgun made from any rifle, so if one is gray, they're both gray.
The difference here is the apparent inconsistency between an SBR made from a pistol (i.e. does making it an SBR forever remove it's prior pistol status) and making a non-SBR rifle from a pistol, and then converting it back into a pistol.

The TC Contender case was the one that created the pistol>rifle>pistol allowance.

The legal dispute in United States v. Thompson-Center Arms Company arose when officials from the U.S. Bureau of Alcohol, Tobacco, and Firearms contacted Thompson Center Arms informing them that the kit of the Contender Pistol that included a stock and a 16-inch (410 mm) barrel constituted a short-barreled rifle under the National Firearms Act.
The court ruled in Thompson Center Arms' favor in that the carbine conversion kit did not constitute a short-barreled rifle, primarily because the kit contained both the stock and the 16 inch barrel.
Link Posted: 12/21/2017 12:03:13 PM EDT
[#14]
Let's not forget that pistol to rifle to pistol was once considered illegal and took a court case (all the way to SCOTUS) to get overturned.

Then it was a "that case only applied to TC" stance, until BATFE changed their mind not too long ago.

An argument can be made that registering a SBR creates a new rifle an henceforth can't be a pistol.

An argument can also be made that since pistol to rifle to pistol is ok and rifle to SBR to rifle is ok, then pistol to rifle to SBR to rifle to pistol should be ok "logically"

But we all know where logic stands with the BATFE and conflicting arguments get settled in court.

Most in the NFA game have a long standing history with taking an ultra-conservative approach to the grey areas of the law as it applies to NFA
Link Posted: 12/21/2017 1:43:04 PM EDT
[#15]
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Quoted:
I think it's acceptable to go back to pistol. ATF doesn't have to green-light stuff for it to be legal.
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No, they don't.  But the cost-benefit ratio favors a very conservative approach, IMO.
Link Posted: 12/21/2017 1:58:06 PM EDT
[#16]
Folks have been doing this for years. It is amazing to watch the current generation quible over things over things previous generations have done for decades. ROFL under the theory if you cannot provide a link, it is not legal.

Just go back to all the broomhandles and such where pistols <> SBR were done routinely, to this day.
Link Posted: 12/21/2017 2:53:43 PM EDT
[#17]
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Quoted:
Folks have been doing this for years. It is amazing to watch the current generation quible over things over things previous generations have done for decades. ROFL under the theory if you cannot provide a link, it is not legal.

Just go back to all the broomhandles and such where pistols <> SBR were done routinely, to this day.
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That is what I don't get. If Johnny Law stops you, and see's your firearm, of whatever configuration, why are they going to ask what it used to be? If its an SBR when he sees it, "Hey its an SBR, heres my form 4, and 5320" OK cool. If its a title 1 rifle "Hey its a rifle" and unless you're breaking some state law, like in WA, prohibitting loaded rifles in vehicles, why would they question it? If it's an AR pistol when he stops you, 'thats a pistol' and show any required paperwork, like a CPL/CCW.
Link Posted: 12/21/2017 8:41:23 PM EDT
[#18]
Link Posted: 1/14/2018 4:21:24 PM EDT
[#19]
Am inclined to agree with Gopherboy's interpretation; however, it would be nice to get a clarifying letter from ATF on this issue.  Am wondering if anyone has sent such a request?

It is the unique characteristics of SBR law that brings such questions.  
No other NFA item can be removed, and added back (or even removed completely, forever) from NFA, with no further required ATF involvement, simply by changing parts.

The desired interpretation is that a receiver/firearm that starts out assembled as a pistol, then becomes a NFA SBR, and then later a (16"+  barrel) rifle, back and forth, etc., and:
Whenever it is not a SBR or rifle -will simply revert back to it's original configuration -meaning, a pistol, which could then also be used with a pistol brace.
It would actually be the same receiver and short upper, but as a pistol, when using the brace (and under 26"), or as a SBR with the same upper and a shoulder stock.

I haven't found anything that specifically contradicts this.  Has anyone?
Link Posted: 1/14/2018 5:24:14 PM EDT
[#20]
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Quoted:
No other NFA item can be removed, and added back (or even removed completely, forever) from NFA, with no further required ATF involvement, simply by changing parts.
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This isn't unique to SBRs. DDs and SBSs can also become Title I by changing/removing parts. This can be a permanent change. ATF doesn't have to be notified/involved.

For example, I can remove the 40mm barrel from my DD M203, and sell it as a Title I firearm. I could also swap a smoothbore 37mm barrel onto it and cross state lines (since it isn't a DD at that time).

I could permanently separate the barrel from a USAS-12 and sell everything else as a Title I firearm.

Silencer tubes (or whatever is serialized) must be destroyed to not be a silencer anymore.

Generally MGs are the same, but status can change. When I insert a DIAS or Lightning Link into a Title I AR host, the entire assembly is now considered a MG. I can swap whatever length barrel(s) I want etc. When I remove the registered MG conversion device, the host AR reverts to Title I status, so it must be in a lawful Title I configuration (unless independently registered as a SBR, as some prefer to do).

If it was a pistol before pairing with the DIAS, it should be a pistol again. I've never seen information to suggest otherwise.
Link Posted: 1/14/2018 10:01:06 PM EDT
[#21]
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Quoted:
This isn't unique to SBRs. DDs and SBSs can also become Title I by changing/removing parts. This can be a permanent change. ATF doesn't have to be notified/involved.

...If it was a pistol before pairing with the DIAS, it should be a pistol again. I've never seen information to suggest otherwise.
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Thanks for the erudition.  Always appreciate the chance to learn.
I hadn't given DD's their due consideration -don't see any in this area.  
A sear or link would seem to fall into a slightly different area, as that single item is always NFA, even off the host.
Link Posted: 1/15/2018 6:35:02 AM EDT
[#22]
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Quoted:
Am inclined to agree with Gopherboy's interpretation; however, it would be nice to get a clarifying letter from ATF on this issue.  Am wondering if anyone has sent such a request?

It is the unique characteristics of SBR law that brings such questions.  
No other NFA item can be removed, and added back (or even removed completely, forever) from NFA, with no further required ATF involvement, simply by changing parts.

The desired interpretation is that a receiver/firearm that starts out assembled as a pistol, then becomes a NFA SBR, and then later a (16"+  barrel) rifle, back and forth, etc., and:
Whenever it is not a SBR or rifle -will simply revert back to it's original configuration -meaning, a pistol, which could then also be used with a pistol brace.
It would actually be the same receiver and short upper, but as a pistol, when using the brace (and under 26"), or as a SBR with the same upper and a shoulder stock.

I haven't found anything that specifically contradicts this.  Has anyone?
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Don't know if this will help or just make it a little more confusing.

ATF Ruling 2011-4

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-assembledin 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.
Link Posted: 1/15/2018 10:53:59 AM EDT
[#23]
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Quoted:

Don't know if this will help or just make it a little more confusing.

ATF Ruling 2011-4

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-assembledin 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.
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That helps a lot.  I do recall reading this before, but hadn't seen it lately.
Thanks.
Link Posted: 1/16/2018 1:11:18 PM EDT
[#24]
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Quoted:
This isn't unique to SBRs. DDs and SBSs can also become Title I by changing/removing parts. This can be a permanent change. ATF doesn't have to be notified/involved.

For example, I can remove the 40mm barrel from my DD M203, and sell it as a Title I firearm. I could also swap a smoothbore 37mm barrel onto it and cross state lines (since it isn't a DD at that time).

I could permanently separate the barrel from a USAS-12 and sell everything else as a Title I firearm.

Silencer tubes (or whatever is serialized) must be destroyed to not be a silencer anymore.

Generally MGs are the same, but status can change. When I insert a DIAS or Lightning Link into a Title I AR host, the entire assembly is now considered a MG. I can swap whatever length barrel(s) I want etc. When I remove the registered MG conversion device, the host AR reverts to Title I status, so it must be in a lawful Title I configuration (unless independently registered as a SBR, as some prefer to do).

If it was a pistol before pairing with the DIAS, it should be a pistol again. I've never seen information to suggest otherwise.
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FWIW - it is mostly unique to SBRs as no other item you listed creates a "rifle" to then pose a weapon made from rifle

DD M203 to firearm - no rifle no problem

same for the USAS-12

silencer - obviously no rifle here

AR to MG goes back to AR - a machinegun is made not a rifle so it could go back to original config either pistol or rifle no problem (you can see this with HK sears as well)

pistol + DIAS back to pistol - again, no rifle was made = no problem

Now the only thing similar from all the other types would be a firearm to SBS back to a firearm. Is it legal? or would it be a SBS still since it could be argued to be a weapon made from a shotgun.

Again, I'm not saying it's one way or the other. I'm just showing both sides of the argument. IME this is the type of thing that is settled in court, and most take a conservative stance to avoid that situation.

For the case of an AR, which is what the OP was asking, a separate pistol lower to use the short upper on easily solves his goals as well as avoids the issue outright = a no brainer
Link Posted: 1/16/2018 2:00:38 PM EDT
[#25]
It is certainly easy to avoid the issue altogether, which is probably why it doesn't come up much.

Let's look at RenegadeX's great example of the Broomhandle Mauser with shoulder stock/holster.

Currently ATF considers a C&R C96 with stock to not be a SBR, but this was not always the case, so there should be decades worth of cases if ATF once considered C96 SBRs to never be Title I pistols again, once a stock had been attached.

Is there any case law for individuals charged with possession of a weapon made from a rifle by possessing a C96 pistol?

Relevant opinions might also be found in cases regarding C96 SBR possession (or constructive possession) with shoulder stocks.

I think Ruling 2011-4 would be relevant.

It seems the C96 and holster/stock would count as a "kit".
Link Posted: 1/19/2018 12:41:18 PM EDT
[#26]
I'll be the first one to admit that I'm not sure on ATF's stance on the entire situation.

But lack of prosecution, shouldn't imply legal status or that prosecution couldn't happen in the future.

For most, the issue of is it a pistol or is it a SBR, doesn't even matter. If I have a legal SBR in pistol config and ATF still considers it a SBR - so what, it's still legal.

Unless I need that pistol determination to make other actions legal (like taking over state lines). But then what is the likelyhood that it will ever be an issue even in that particular circumstance.

Odds are it won't, just as odds are that if I speed at some point on my drive home I won't be given a speeding ticket.

Individuals owning legal title2 weapons are almost nonexistent in violent crime statistics involving firearms (where a likely add on charge to this effect would be seen) and IME are ultra conservative when it comes to following weapons laws.

All of this may be the reason for a lack of individuals being charged.

I don't see ruling 2011-4 being relevant with any of this as it specifically deals with title1 status and the lack of a title2 weapon being made and therefore no registration being required.

IMO, political winds being what they are, I could see an ambitious prosecutor throwing someone under the bus and going after them in the right circumstances in a left controlled environment
Link Posted: 1/26/2018 11:18:43 AM EDT
[#27]
Link Posted: 1/26/2018 3:05:02 PM EDT
[#28]
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Quoted:
But more importantly... why is the ATF on your case like that?  You've probably got way bigger problems to worry about.
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110% THIS!
Link Posted: 1/28/2018 2:51:08 PM EDT
[#29]
To further convolute the situation, what if you remove the short barreled upper, put it on a pistol lower, and put a standard upper on the registered lower? Could you then travel across state lines with both (i.e. moving to another state)?
Link Posted: 1/28/2018 7:31:03 PM EDT
[#30]
Link Posted: 1/30/2018 5:40:00 AM EDT
[#31]
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Quoted:
ATF has specifically stated that it is only an NFA firearm subject to NFA rules when in the SBR configuration.
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Quoted:
Quoted:
Still a federally registered SBR. Wouldn't do it. File form with ATF notifying them of movement across state lines.
ATF has specifically stated that it is only an NFA firearm subject to NFA rules when in the SBR configuration.
So I could slap a 16" upper on my SBR lower and move to Hawaii with it despite Hawaii not allowing SBRs?  I'm curious how the firearms registration dept would react when bringing that in.
Link Posted: 1/30/2018 6:58:47 AM EDT
[#32]
From a practical perspective I would just have a second lower set up in pistol form and swap lowers if I wanted to use the SBR upper. Lowers are cheap and then I can leave my registered SBR lower at home.
Link Posted: 1/30/2018 7:35:47 AM EDT
[#33]
Thanks for the help all. I wanted to bring the SBR because it has a Law folder and fits in my smaller back back. But Its looking like I'll just put the short upper on a bladed pistol lower. I can keep them separate and fit in a small bag and just slap them together at night if I need to.

I will be carrying my carry gun so this is back up/bump in the night stuff. may even be able to leave it assembled, depending on the storage options I won't know till we rent the damn thing.
Link Posted: 1/30/2018 10:51:30 AM EDT
[#34]
Link Posted: 1/30/2018 6:08:43 PM EDT
[#35]
Quoted:
Hey all,

I'm pretty sure you can make an SBR temporarily not an SBR by throwing a longer barrel on it. Then regular title 1 firearm rules apply and you can cross state lines without issue.

Could you (assuming that you built the lower as a pistol while waiting for the stamp to clear) swap out the stock and buffer tube for a pistol brace while keeping the short upper on it and convert it back to a pistol?

I have a trip coming up and I'm not sure of the final destination or if I'd be able to get an SBR hall pass completed and returned by the time we left. Just wondering what the options are.

I have a pistol lower but the SBR already has a Law on it and I'm not super interested in taking it all apart if I don't have to.
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The part I underlined, correct me if I'm mistaken, but as I understand it, once a stock has been fixed to the AR lower reciever / firearm, it is now and forever a rifle. Now would Mr. Officer have any idea the firearm currently configured as a pistol ever had a stock on it, highly highly doubtful, but that doesn't make it legal. Do what you want, I don't care, just saying.
Link Posted: 1/30/2018 7:27:49 PM EDT
[#36]
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Quoted:
The part I underlined, correct me if I'm mistaken...
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You are mistaken.

It's "First a rifle, always a rifle."
If first a pistol, it can swap freely.

There is some debate about SBRs.
I am in the "SBR registration changes nothing about pistol eligibility" camp.
Link Posted: 1/30/2018 9:48:09 PM EDT
[#37]
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Quoted:  The part I underlined, correct me if I'm mistaken, but as I understand it, once a stock has been fixed to the AR lower reciever / firearm, it is now and forever a rifle. Now would Mr. Officer have any idea the firearm currently configured as a pistol ever had a stock on it, highly highly doubtful, but that doesn't make it legal. Do what you want, I don't care, just saying.
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If the stock has been fixed, but the lower has never been built into a complete rifle or shotgun, it's never been a rifle.  Pop that stock off & make your pistol build.  If you've already built it as a rifle or shotgun w/ a bbl attached, then that was the initial configuration, and you're stuck w/ it as a rifle or shotgun.
Link Posted: 2/6/2018 9:44:11 PM EDT
[#38]
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Quoted:

Don't know if this will help or just make it a little more confusing.

ATF Ruling 2011-4

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-assembledin 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.
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Your leaving out the very next paragraph:
"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."

A form 1 is an application to make a firearm. Does it matter if that firearm is made from an existing pistol or a block of aluminum?  That's were the question is. Does the resultant firearm have a new "born as" configuration (a rifle) with it's new "birth certificate"/ form 1? If not then simply sliding the stock off the SBR and leaving it home would allow free intestate travel. Now I maybe a skeptic but I doubt the ATF would see it that way.
Link Posted: 2/15/2018 4:01:48 PM EDT
[#39]
If everyone just built all there builts as a pistol first then going back to a pistol is GTG.

If heading out of state, the sbr gets a rifle upper and the sbr upper goes on a pistol lower.

Just because the SBR lower is engraved...so what?
I could everything I own, but that still won't somehow turn a engraved VCR onto a SBR.
Link Posted: 2/25/2018 8:23:22 PM EDT
[#40]
I have an engraved lower that is not registered as an SBR.

It wears a 16" upper.

It's a title one firearm.

I also have a pistol.

And another pistol upper I am building.  Getting another lower soon to make that a pistol.

It seems to me that the configuration is all that matters.

16" rifle is a title one firearm and can be moved across state lines, provided the gun is legal in that state.
Link Posted: 2/26/2018 11:01:49 AM EDT
[#41]
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Quoted:
Your leaving out the very next paragraph:
"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."

A form 1 is an application to make a firearm. Does it matter if that firearm is made from an existing pistol or a block of aluminum?  That's were the question is. Does the resultant firearm have a new "born as" configuration (a rifle) with it's new "birth certificate"/ form 1? If not then simply sliding the stock off the SBR and leaving it home would allow free intestate travel. Now I maybe a skeptic but I doubt the ATF would see it that way.
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Quoted:
Quoted:

Don't know if this will help or just make it a little more confusing.

ATF Ruling 2011-4

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-assembledin 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.
Your leaving out the very next paragraph:
"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."

A form 1 is an application to make a firearm. Does it matter if that firearm is made from an existing pistol or a block of aluminum?  That's were the question is. Does the resultant firearm have a new "born as" configuration (a rifle) with it's new "birth certificate"/ form 1? If not then simply sliding the stock off the SBR and leaving it home would allow free intestate travel. Now I maybe a skeptic but I doubt the ATF would see it that way.
This has got the "Rules Lawyer" in me all riled up...

The way it reads to me (an ignorant novice, mind you) is that something built from a "kit", such as the TC Contender or AR15, which are available in both a pistol and rifle configuration, can be built in either configuration without worry as long as it does not otherwise fall under the NFA; specifically an SBR or AOW.

It even goes so far as to say "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."

The problem lies in the second paragraph quoted, where it specifically says that a handgun "assembled or otherwise produced from a weapon originally assembled or produced only as a rifle" is a "weapon made from a rifle".

It's interesting how they differentiate between weapons built from "kits" vs those built from weapons that were only produced as a rifle.

This leads me to believe (quite possibly in error) that weapons such as the TC Contender or AR15, which are built and readily available in both pistol and rifle "kits", can be swapped at will without worry.

It is only when you have a pistol made from something that is only available as a rifle that it would fall under the "weapon made from a rifle" designation.

For instance, you can't convert a Remington 760 to a pistol, because it has never been offered in pistol form, only as a rifle. Another interesting example would be the Obrez pistol, though I'm not sure if that was ever a factory configuration or just a modification.

Someone more fluent in Legalese is welcome to correct me where I am wrong.

Link Posted: 2/26/2018 12:04:46 PM EDT
[#42]
Obrez Title 1 pistols are made from new Mosin receivers.

Only issue, no factory has made a new Mosin receiver since the 1950's or maybe 60's, don't remember when Chinese & Hungarian production wound down.

However, to make an Obrez, take TWO Mosin rifle receivers, and torch cut them in two places each - you should now have 6 pieces of former Mosin receivers.

You then put 3 of those pieces in a jig, and weld them together - you now have a new Mosin receiver, a Title 1 other, that has never been a rifle.  Now you may legally build an Obrez pistol.

Made sense when Mosin receivers were $10 ea.
Link Posted: 2/26/2018 6:56:23 PM EDT
[#43]
Now that is Rules Lawyering at it's finest!

Link Posted: 2/27/2018 9:43:00 PM EDT
[#44]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Let's not forget that pistol to rifle to pistol was once considered illegal and took a court case (all the way to SCOTUS) to get overturned.

Then it was a "that case only applied to TC" stance, until BATFE changed their mind not too long ago.

An argument can be made that registering a SBR creates a new rifle an henceforth can't be a pistol.

An argument can also be made that since pistol to rifle to pistol is ok and rifle to SBR to rifle is ok, then pistol to rifle to SBR to rifle to pistol should be ok "logically"

But we all know where logic stands with the BATFE and conflicting arguments get settled in court.

Most in the NFA game have a long standing history with taking an ultra-conservative approach to the grey areas of the law as it applies to NFA
View Quote
Basics this hinges on whether an SBR is a newly manufactured rifle or if SBR is merely a configuration made from a Title 1 firearm.

As for OP's situation if there's any doubt on an sbr made from a handgun, why not attach a 16" upper since pistol > rifle > pistol is gtg?
Link Posted: 3/2/2018 10:49:17 AM EDT
[#45]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Basics this hinges on whether an SBR is a newly manufactured rifle or if SBR is merely a configuration made from a Title 1 firearm.

As for OP's situation if there's any doubt on an sbr made from a handgun, why not attach a 16" upper since pistol > rifle > pistol is gtg?
View Quote
Because a 16" upper on a folding stock lower doesn't get small enough to fit in the bag I was thinking of using...
Link Posted: 3/2/2018 4:10:52 PM EDT
[#46]
Oh - then why not use the 16" folding bbl AR?  Folds to 16", and can be a pistol or rifle depending if the stock is attached.  No need for a stamp.
Link Posted: 3/5/2018 10:00:42 AM EDT
[#47]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Oh - then why not use the 16" folding bbl AR?  Folds to 16", and can be a pistol or rifle depending if the stock is attached.  No need for a stamp.
View Quote
@backbencher nope, an AR with a 16" barrel folds to be like 24" long since the folder is after the receiver. Smaller, yes, but not small enough to do what I want it to do.
Link Posted: 3/5/2018 11:08:00 AM EDT
[#48]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
@backbencher nope, an AR with a 16" barrel folds to be like 24" long since the folder is after the receiver. Smaller, yes, but not small enough to do what I want it to do.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Oh - then why not use the 16" folding bbl AR?  Folds to 16", and can be a pistol or rifle depending if the stock is attached.  No need for a stamp.
@backbencher nope, an AR with a 16" barrel folds to be like 24" long since the folder is after the receiver. Smaller, yes, but not small enough to do what I want it to do.
Folding Barrel AR
Link Posted: 3/5/2018 11:33:23 AM EDT
[#49]
Discussion ForumsJump to Quoted PostQuote History
Quoted:  @backbencher nope, an AR with a 16" barrel folds to be like 24" long since the folder is after the receiver. Smaller, yes, but not small enough to do what I want it to do.
View Quote
Folding bbl guns typically fold to the length of the bbl:



No longer than a SUB-2000 folded.
Link Posted: 3/7/2018 4:33:39 PM EDT
[#50]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Folding bbl guns typically fold to the length of the bbl:

https://www.fddefense.com/files/2017/04/2017.04.24-09.10-fddefense-58fe69d2106b4.png

No longer than a SUB-2000 folded.
View Quote
@backbencher sorry, thought you meant 16" barrel AR that folds and I assumed Law folder. You know what you get when you assume though.

looks cool, but significantly more expensive than I was hoping for. would be cool if you did that in like 8 "barrel with a law folder on an SBR or pistol. make it into an accordion AR.
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