After a few weeks of contemplation and discussion with (who I thought was a freindly FFL) I am now getting a bit of a run-araound.
It is based on the markings on a lower, specifically the word PISTOL to signify that this was transfered in and sold as a PISTOL for later un-knowledgable persons to not have a problem with it in PISTOL configuration during a roadside stop or just a check if and when some other ass-ault weapons ban type law comes into play.
I have yet to find a manufacturer that will mark a lower with the words PISTOL (except for Bushmaster on the Carbon 15 Lowers of their PISTOL and I believe Oly on their OA-93's). One (CMMGINC.com) will transfer the lower (un-marked) to me thru my FFL and ship it just as if it was a pistol. And I did find one source that would have the word PISTOL "Laser Engraved".
The problem that has arrised is that the FFL that I have discussed this with says that since he is also a gun-smith (and he works on a plethora of federal and local law enforcement weaponry) and was informed by the BATF(E) that under no circumstances can anyone other than the manufacturer or BATF(E) themselves authorize ( Form 1 for SBR is such authorization) any marking (IE: Laser Engraved word of PISTOL) addition to the lower.
Does anyone have any information and links to rebut his statement ? Or do I need to go to the BATF(E) Tech Branch for this clarification?
This also plays along with marking AUTO on a lower for a RDIAS.
This has been brought up a lot lately and a lot of wrong information circulated, so I went straight to my local ATFE agent and they checked it all out with Washington and the NFA. You buy a stripped never assembled lower. It is sold to you as a stripped lower, nothing else. YOU assemble it into a pistol. No need for special markings or any of that crap. My ATFE agent, Mary Jane Humphrey, Louisville KY, just contacted the NFA and got the skinny direct from them. If it has never been assembled, the way you assemble it is what it is. No need to mark “pistol” on it, but it would not hurt to document the build with pictures. Once made a pistol, you can change it to rifle configuration so long as you put the butt stock on ONLY with a barrel of 16" or more, and you can swap back to pistol, no problem. Just make sure you do not have the stock on with a less than 16" bbl. You must by a stripped lower, and not one stripped down from a rifle but a brand new lower. When it is sold to you on the 4473 it should be recorded as a "stripped lower." According to my agent, to record a never assembled stripped lower as either a pistol or a rifle, is incorrect as there is no way of knowing how it will be assembled, and by recording it on the 4473 as anything other than a stripped lower MAY be a violation.
If there are state regs, then you must follow them, but this is the info I have gotten from my agent and the NFA regarding federal law. And you can also assemble the pistol with a carbine buffer tube, it is NOT a stock unless you put the stock part on it (which would be illegal unless SBRed). That is also direct fro the NFA and my agent.
To be safe though, I would not recommend you having the CAR buffer tube on your pistol and also owning the sliding part separately. Just buy the buffer tube, don't disassemble a CAR stock.
I do not see a problem though if you owned the sliding part AND had a 16” barreled upper so you could throw on the 16” upper and the sliding part of the stock, but I would make sure I had both in my possession at all times. That would be no different than the TC Encore/Contender.
But the real meat of this is the MARKING...
Is it legal..?
Where do I find out if ANY marking on the lower after the manufacturer is legal?
Thanks for your information...
Why not get it straight from the horses mouth, BATFE?
FYI, a manufacturer engraved my name, city and state on a lower they redid for me in my anticipation of making a SBR out of it.