Posted: 4/16/2026 4:54:42 PM EDT
[Last Edit: Lexington][Edited]
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If a stripped AR15 lower is transferred to the individual as "Other", then it does not take on its true status until the individual mates it with a short or long barreled upper to create, initially, a rifle or a pistol (and not an unregistered SBR). The question is, must the lower receiver be fully built with trigger, hammer, stock, etc. for it to qualify as the rifle's or pistol's receiver? That is, can a fully stripped lower receiver be mated with a fully built barreled upper, thus giving the lower receiver the legally defined nature of being a rifle or a pistol? |
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Not trying to be a smart ass, but don't see how you could "mate" a fully stripped blank lower to any upper, as you'd have no forward or rear pins. If it left the factory as a rifle lower (built out with stock or on a complete gun) or a pistol (lower built out with brace or a complete gun). That's the definition & determination of the lower as "rifle" or "pistol" lower. For a unassembled lower, (considered "Other") the build out of the lower (stock or brace) would seem to be the determination (but you'd have to photo it or have evidence if BATFE wanted to stir doo-doo.) ๐ฉ . I've recently been building every lower as a pistol first (brace configuration, then paired with a pistol upper & photographed to document when & how built because there is no "penalty" to later convert a 'pistol' lower to a 'rifle'. Bigger_Hammer
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Originally Posted By Bigger_Hammer: Not trying to be a smart ass, but don't see how you could "mate" a fully stripped blank lower to any upper, as you'd have no forward or rear pins. Do you remember these old fashioned receiver pins? That's how to mate the receivers. ![]() But are pins necessary for the legal definition to be met? Would sliding a short barreled upper onto a braced lower meet the definition of a complete pistol? What about sliding (and not pinning) a short barreled upper onto a complete and unregistered lower? Will it be an illegal SBR at that moment? Do the receiver pins matter? You touch on my reason for this thought puzzle. The scenario is to assemble a number of rifles, and take pictures of each complete firearm, without using a new LPK on each receiver. One complete 16"+ barreled upper will be mated to a number of minimally built receivers. Mate, pic! Mate, pic! Mate, pic! What is the shortest route to "building" a rifle as defined by statutes? As we know, once a rifle, always a rifle, means a rifle that has been fully made is still a rifle in a knockdown condition when it is disassembled. "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)." ATF Ruling 2011-4 I think you are right that the stock is integral to the definition of rifle or pistol. So is a device a rifle if it has a complete upper mated to an essentially stripped lower, that has a collapsible or fixed stock screwed into it? Again, the goal is to meet the legal definition with a minimal amount of assembly. |
The Second Amendment: Preserving our right to petition the government - with malice.
"I guess it comes down to a simple choice, really. Get busy livin' or get busy dyin'."
Virginia Is For Loners (โข)
"I guess it comes down to a simple choice, really. Get busy livin' or get busy dyin'."
Virginia Is For Loners (โข)
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Originally Posted By Bigger_Hammer: If it left the factory as a rifle lower (built out with stock or on a complete gun) or a pistol (lower built out with brace or a complete gun). That's the definition & determination of the lower as "rifle" or "pistol" lower. Bigger_Hammer ![]() Can you clarify what you meant? A lower with no upper and a rifle stock is not a rifle. Same with a lower with a brace. It's not a pistol until it fully meets the definition. |
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Originally Posted By Lexington: If a stripped AR15 lower is transferred to the individual as "Other", then it does not take on its true status until the individual mates it with a short or long barreled upper to create, initially, a rifle or a pistol (and not an unregistered SBR). It could also be a "firearm", neither pistol or rifle. An example being an AR assembled with no shoulder stock, pistol grip, 16" barrel and a second forward pistol grip. The question is, must the lower receiver be fully built with trigger, hammer, stock, etc. for it to qualify as the rifle's or pistol's receiver?That is, can a fully stripped lower receiver be mated with a fully built barreled upper, thus giving the lower receiver the legally defined nature of being a rifle or a pistol? No ATF regulation mentions triggers, hammers, springs or pins being installed. That means some firearm tech at ATF gets to write a determination letter. |
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Originally Posted By Bigger_Hammer: If it left the factory as a rifle lower (built out with stock or on a complete gun) or a pistol (lower built out with brace or a complete gun). That's the definition & determination of the lower as "rifle" or "pistol" lower. Originally Posted By Bigger_Hammer: If it left the factory as a rifle lower (built out with stock or on a complete gun) or a pistol (lower built out with brace or a complete gun). That's the definition & determination of the lower as "rifle" or "pistol" lower. No such animal as a "pistol lower" or a "rifle lower"......its just a lower until completed into a firearm meeting a specific ATF definition. A supposed "complete" lower with a shoulder stock may lawfully be completed as a pistol by removing the shoulder stock before assembling it to an barreled upper. That complete lower is recorded as a "receiver" in the dealers records and on the 4473. Prior to January 2009, the Form 4473 only had Handgun/Long Gun/ Both on the Form 4473. That led many dealers to ask the customer "Gonna build a rifle or pistol?" ATF realized that their definitions did not allow accurate recordkeeping and changed the 4473 in August 2008 and made the new 4473 required in January 2009. Thats when the color changed from yellow to white. For a unassembled lower, (considered "Other") the build out of the lower (stock or brace) would seem to be the determination (but you'd have to photo it or have evidence if BATFE wanted to stir doo-doo.) ๐ฉ . ATF ain't touching that with a ten foot pole. But yes, the first configuration of that lower determines what can be assembled in the future. If first a pistol, it can subsequently be reassembled as a rifle and later back to pistol. If first a rifle, its always a rifle. The old adage "once a rifle, always a rifle" disappeared with ATF Ruling 2011-4 - Pistols Configured from Rifles; Rifles Configured from Pistols That Ruling took nineteen years after the SCOTUS decision in United States v. Thompson-Center Arms Co. ย I've recently been building every lower as a pistol first (brace configuration, then paired with a pistol upper & photographed to document when & how built because there is no "penalty" to later convert a 'pistol' lower to a 'rifle'. Bigger_Hammer ![]() To be honest, ATF doesn't care about what you build first. They would have no way to tell unless you took pics or posted about it online. They WOULD care if they run a trace on an AR pistol and discover that it was originally manufactured as a rifle. I transferred around twenty AR's to a customer that were returned to him by an out of state auction house, sent ATF the required Multiple Sale forms..........and guess what? ATF National Tracing Center asks if I made a mistake because one of those pistols started life as a rifle. No idea if ATF contacted the transferee. |
Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA
https://www.youtube.com/watch?v=pELwCqz2JfE
https://www.youtube.com/watch?v=pELwCqz2JfE
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Originally Posted By Lexington: Do you remember these old fashioned receiver pins? That's how to mate the receivers. https://www.ar15.com/media/mediaFiles/30012/Receiver_Pins-3747828.jpg But are pins necessary for the legal definition to be met? Originally Posted By Lexington: Do you remember these old fashioned receiver pins? That's how to mate the receivers. https://www.ar15.com/media/mediaFiles/30012/Receiver_Pins-3747828.jpg But are pins necessary for the legal definition to be met? ATF loves to use the term "readily". I wouldn't want to rely on the absence of a pin to satisfy ATF. Would sliding a short barreled upper onto a braced lower meet the definition of a complete pistol? What about sliding (and not pinning) a short barreled upper onto a complete and unregistered lower? Will it be an illegal SBR at that moment? Do the receiver pins matter? Only way to know is to ask ATF for a determination letter. Don't be surprised if the answer isn't what you think and be aware you will be a pariah on ARFcom forever. You touch on my reason for this thought puzzle. The scenario is to assemble a number of rifles, and take pictures of each complete firearm, without using a new LPK on each receiver. One complete 16"+ barreled upper will be mated to a number of minimally built receivers. Mate, pic! Mate, pic! Mate, pic! In what scenario would this be needed? By assembling an AR lower first as a rifle, you preclude future assembly as a pistol. What is the shortest route to "building" a rifle as defined by statutes? When it meets the definition ยง 478.11 Meaning of terms. As we know, once a rifle, always a rifle, Nope. That adage died in 2011. means a rifle that has been fully made is still a rifle in a knockdown condition when it is disassembled. "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)." ATF Ruling 2011-4 True. But if first assembled as a pistol, that rifle can go back and forth to pistol as often as you desire. That's what Ruling 2011-4 describes. I think you are right that the stock is integral to the definition of rifle or pistol. So is a device a rifle if it has a complete upper mated to an essentially stripped lower, that has a collapsible or fixed stock screwed into it? Again, the goal is to meet the legal definition with a minimal amount of assembly. Ask ATF. |
Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA
https://www.youtube.com/watch?v=pELwCqz2JfE
https://www.youtube.com/watch?v=pELwCqz2JfE
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Originally Posted By Lexington: A virginal stripped receiver. Never been mounted. Not a rifle. https://www.ar15.com/media/mediaFiles/30012/Not_A_Rifle-3749969.jpg Is this a rifle? https://www.ar15.com/media/mediaFiles/30012/A_Rifle-3749968.jpg Who says pins are the only way to attach the lower to the upper?
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Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA
https://www.youtube.com/watch?v=pELwCqz2JfE
https://www.youtube.com/watch?v=pELwCqz2JfE
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