Posted: 6/18/2014 7:00:54 PM EDT
[#19]
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However remote any gotcha is, the most obvious one is buying a used lower, unless you somehow absolutely know its history. Even done through FFL, he would still mark it as "other firearm" and "receiver", but it would still be illegal to make a pistol from it if it had begun life as a rifle, and easily determined if it initially left a retailer that way.
Just one of the examples of how what's on a 4473, while it might be of interest, is not the actual legal determination for the firearm.
- OS
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It is good for a pistol build as long as it was never built as a rifle. It should have been transferred as "other" but even if it wasn't, you are OK for the pistol build. That's a recording issue for the FFL.
How would they know it was built into a rifle then switched into a pistol?
That is the law and your question shows how ridiculous it is. Buy a virgin lower and you can build it into a pisol or rifle. Make a pistol first, and you can legally go back and forth between pistol and rifle. Make it a rifle first and you can't put a barreled upper less than 16" on it without the SBR stamp. What you build first is not documented, SO no one can prove what you built first.
Make sure you can prove that you purchased a virgin lower, and that you own a pistol upper, and someone else will have to prove you didn't put the pistol upper on first. Of course, there is no way for them to do that.
However remote any gotcha is, the most obvious one is buying a used lower, unless you somehow absolutely know its history. Even done through FFL, he would still mark it as "other firearm" and "receiver", but it would still be illegal to make a pistol from it if it had begun life as a rifle, and easily determined if it initially left a retailer that way.
Just one of the examples of how what's on a 4473, while it might be of interest, is not the actual legal determination for the firearm.
- OS
That is one reason I thought about checking to see what they listed it as. If I had bought this stripped lower from someone I did not know, there is no way I would even think about building a pistol. I know mine is a true virgin lower because if it had been built into a rifle, I would have been the one that did the work for him. No one else works on his rifles but me.
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