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Posted: 8/14/2002 9:04:43 PM EDT
On another thread posted in the build-it section this guy posted this: YOU BUY A STRIPPED RECEIVER ( A SER# LOWER) THIS IS CONSIDERED A FIREARM BY THE BATF, YOU WILL NEED TO DO A YELLOW SHEET TO AQUIR IT THORUGH A FFL DEALER,] WHILE FILLING OUT THE YELLOW SHEET( REGISTERING IT) YOU MAY LIST IT AS A PISTOL IT MUST BE BUILT INTO A PISTOL ( IF YOU REGISTER IT AS A RIFLE IT IS A RIFLE,. YOU DO NOT HAVE TO PAY A 11% EXSIZE TAX THIS TAX IS ONLY PAYED BY LICENED CLASS 02/07 FFL SOT TYPE HOLDERS THIS TAX IS ONLY REGULATED ON A BUILT GUN FROM A LIC MFG THET PUTS HIS NAME AND SER# ON IT UNDER BATF GUIDE LINES,THIS IS THE WHOLE PURPOSE OF THE TAX ON NEW GUNS SBR/SBS( DO A LETTER TO THE BATF GET APPROVED THEN PAY THE 200 TAX THEN BUILD A SHORT BARRELED REGISTERD FULLY TRANSFERABLE SBR, OR SBS HOPE THIS HELPS WILLIAM WWW.TANNERYSHOP.COM The whole declaring it a pistol or rifle thing sounds like crapola to me. Anyone have the correct answer?
Link Posted: 8/14/2002 9:18:29 PM EDT
He's correct - a stripped, never-before-assembled receiver is neither a rifle or a pistol or shotgun in the eyes of the ATF. That determination is made when it's first assembled. If the receiver is assembled with a buttstock, it's a rifle. If a stripped, never-before-assembled receiver is built into a pistol configuration (defined by ATF as no buttstock, and ONE grip at an angle to the bore), then it's a pistol, unless it's a smoothbore, in which case it basically becomes a shotgun. The hard part with making a pistol from an AR-15 receiver these days is that is has to abide by the 'assault weapons' ban - which means that it has to be under 50oz, have no shroud or handguard, no threaded muzzle, etc - in order to retain the detachable magazine, because that magazine mounts outside the pistol grip. It's VERY hard to make an AR pistol come in under 50oz.
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