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Posted: 1/28/2020 4:18:06 PM EDT
If I purchased a stripped lower new before there were braces is it legal to build a pistol AR with a brace?

Are all stripped lowers sold nowadays considered either pistol or rifle?

I know once you build a rifle it can’t become a pistol w a brace
Or buy a rifle you can’t make it a pistol
I know certain states have different laws. But, I’m in FL where we don’t have to register pistols.
It’s interesting that if I go to another state I can not buy a stripped lower since it may be a pistol. But, can buy a complete AR rifle m some states
Link Posted: 1/28/2020 4:22:03 PM EDT
[#1]
If it is a virgin stripped lower build away, to whatever configuration you like.  It is an Other.

the rule is "if first a rifle always a rifle."

even if the FFL checked the wrong box it means nothing, the only thing that matters is the initial configuration.

for instance, this 10/22 receiver would be technically illegal to build as a 10/22 pistol because it was first a factory rifle then parted out.

https://sapoutfitters.com/product/ruger-1022-stripped-receiver/

TLDR: your good build away
Link Posted: 1/28/2020 4:52:39 PM EDT
[#2]
A stripped receiver is an other, no matter if there were braces or not, therefor it can be built as a pistol or a rifle.  If you build it into a rifle, then it is illegal to take it apart and re-configure as a pistol, your legal option at that time would be turn it into an SBR with a stamp.
Link Posted: 1/28/2020 4:55:39 PM EDT
[#3]
So, it’s better to buy a receiver stripped instead of a complete rifle. That way u can make a pistol or rifle. And even if u make a rifle it’s not registered as anything. So later you can make it into a pistol. Right?
Link Posted: 1/28/2020 5:34:48 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
So, it’s better to buy a receiver stripped instead of a complete rifle. That way u can make a pistol or rifle. And even if u make a rifle it’s not registered as anything. So later you can make it into a pistol. Right?
View Quote
The first configuration you build it as is what matters.  So if you take your stripped receiver and build it first as a rifle it would be illegal to then configure it as a pistol.
Link Posted: 1/28/2020 7:48:12 PM EDT
[#5]
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Quoted:

The first configuration you build it as is what matters.  So if you take your stripped receiver and build it first as a rifle it would be illegal to then configure it as a pistol.
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^^^^^^^^^

Winner, winner, Chicken dinner.
Link Posted: 1/28/2020 9:22:42 PM EDT
[#6]
Quoted:
It’s interesting that if I go to another state I can not buy a stripped lower since it may be a pistol. But, can buy a complete AR rifle m some states
View Quote

It's not because "it may be a pistol".
Federal law restricts the transfer of firearms to your state of residence, and exempts rifles and shotguns providing your state of residence does not prohibit the transfer of that rifle or shotgun.

Other firearms you cannot acquire outside your state of residence:
Firearms that are not rifles, shotguns or handguns such as Pistol Grip Only shotguns.
NFA firearms (MG's, silencers, AOW, SBR, SBS)
Link Posted: 1/29/2020 2:51:26 PM EDT
[#7]
Some good answers in this thread, but it has all been covered repeatedly and in great detail in the AR pistol forum if you want more information and references (including copies of ATF opinion letters you can keep with your pistol)

https://www.ar15.com/forums/AR-15/The-AR15-PISTOL-INFORMATION-THREAD-/122-200876/
Link Posted: 1/29/2020 3:04:01 PM EDT
[#8]
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Quoted:
The first configuration you build it as is what matters.  So if you take your stripped receiver and build it first as a rifle it would be illegal to then configure it as a pistol.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
So, it's better to buy a receiver stripped instead of a complete rifle. That way u can make a pistol or rifle. And even if u make a rifle it's not registered as anything. So later you can make it into a pistol. Right?
The first configuration you build it as is what matters.  So if you take your stripped receiver and build it first as a rifle it would be illegal to then configure it as a pistol.
As a practical matter, if you get a stripped lower and it is a DIY build, who knows what your first configuration is?
Link Posted: 1/30/2020 3:52:47 AM EDT
[#9]
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Quoted:

As a practical matter, if you get a stripped lower and it is a DIY build, who knows what your first configuration is?
View Quote
Who Knows is not the matter at hand..and it is not the subject of the OP's question.
Link Posted: 1/30/2020 4:07:34 AM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

As a practical matter, if you get a stripped lower and it is a DIY build, who knows what your first configuration is?
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Just stating what is legal.

From a practical standpoint this is like talking 922r laws, nobody gives a shit but the internet.
Link Posted: 2/1/2020 9:26:55 PM EDT
[#11]
From what I gather if it's stripped from factory (assuming it's sold as stripped lower) whatever the initial configuration is that's what it should be and stay.

I'm no lawyer but this is how I go about stripped lowers
Link Posted: 2/1/2020 9:38:55 PM EDT
[#12]
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Quoted:

As a practical matter, if you get a stripped lower and it is a DIY build, who knows what your first configuration is?
View Quote
You do.
Lying to a federal agent is a worse penalty than being a stupid fuckwad who built a pistol from a rifle.
Link Posted: 2/1/2020 11:51:57 PM EDT
[#13]
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Quoted:
From what I gather if it's stripped from factory (assuming it's sold as stripped lower) whatever the initial configuration is that's what it should be and stay.

I'm no lawyer but this is how I go about stripped lowers
View Quote
"if first a rifle always a rifle"

it can go back and forth if it was a pistol first.
Link Posted: 2/2/2020 2:46:33 PM EDT
[#14]
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Quoted:
From what I gather if it's stripped from factory (assuming it's sold as stripped lower) whatever the initial configuration is that's what it should be and stay.

I'm no lawyer but this is how I go about stripped lowers
View Quote
You need to gather from more accurate sources of information.
ATF Ruling 2011-4 Pistols Configured from Rifles; Rifles Configured from Pistols
Link Posted: 2/13/2020 4:11:04 PM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

You need to gather from more accurate sources of information.
ATF Ruling 2011-4 Pistols Configured from Rifles; Rifles Configured from Pistols
View Quote
And also consider there are higher authority than ATF rulings

US v. Thompson-Center Arms Co, 504 U.S. 505 (1992)
Link Posted: 2/13/2020 9:27:58 PM EDT
[#16]
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Quoted:
And also consider there are higher authority than ATF rulings

US v. Thompson-Center Arms Co, 504 U.S. 505 (1992)
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View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:

You need to gather from more accurate sources of information.
ATF Ruling 2011-4 Pistols Configured from Rifles; Rifles Configured from Pistols
And also consider there are higher authority than ATF rulings

US v. Thompson-Center Arms Co, 504 U.S. 505 (1992)
Uh.......you do realize where ATF got the idea for that ruling don't you? I'll give you a hint....it's IN the ruling.
USSC decisions don't automatically change federal law or ATF regs. The Thompson Center decision was handed down in 1992.....and didn't change federal law. It was still "once a rifle, always a rifle" until the ATF Ruling in 2011.
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