I see something like this advertised as a pistol but it looks like a rifle or short barreled rifle (SBR) to me.

Pistol or Rifle

I understand that it doesnt have a butt stock but if I take the butt stock off my AK does that mean its a pistol? Or if I put a stock on my glock does that mean its a rifle or a SBR? Im sure if a cop sees the above "pistol" he will think its a SBR.

I dont get it!

It's all about the stock.

Quoted: It's all about the stock.

Cool
I'll take the fake suppressor off my krink after removing the stock

I dont think so!

No, you can add a stock to a pistol after getting your ATF paperwork approved thus making it a SBR, but going the other way is a bit trickier.  The gun must be over a certain overall length I think.

You can't legally turn a rifle into a pistol. You have to use a receiver that was never a rifle.

Its all about what the firearm was ORIGINALLY designed for.  If it was designed to be a pistol then it is a pistol.

If you buy a pistol originally then you can do a rifle conversion and back to a pistol again.  You would have to add a stock and a 16" or longer barrel to make it a rifle and not an SBR.  If you were to just add a longer barrel I believe it would be considered an AOW.  If you just added a stock and not the long barrel also then its an SBR.  You might be able to find the exact legallity on the AR pistols forum.  But that is the way I understand it.

Hope that helps!

yeah the AR pistol forum is great for answering this.  Basical It all depends on what the gun was made into first.  IF you have a virgin reciever of a gun (any gun), It can be made into a pistol as long as it has NEVER been assembled or registed as a rifle.  Once it has been assembled as a pistol it can be then be convert to a rifle and then back to a pistol as long as it adhears to the laws of whatever it is  (IE if it is a rifle barrel longer than 16in and gun longer than...i forget).  If the reciever is assembeled into a rifle first it can NEVER be turned into a pistol (because then it woudl be a SBR or an AOW).
The BATF actually tried to make things simpler and say a gun is one or the other and not switchable.  Thompson Sued them and won based on there thompson contender/encore.  They sold "rifle" kits that included stocks and longer barrels.  That is why you can go pistol to rifle but not vice versa.
Groundfire:
If you built your Krink from a parts kit....... Yes you could have!!!  That woudl have been a kink pistol.  ALot of people are building them with the avilability of parts kits and virgin stripped recievers or by bending there own.  BUt now that your reiever is already assembled into a rifle.  It is a no go.  That is a good reason to assemble and document ALL your non-assembled recievers as pistols first.
i have built an AR pistol and it is tons of fun.
jimmy
btw i suck at spelling.  Feel free not to comment on that part

Jimmy thanks for the info
I get it now

So a MP5 would be an SBR, because it has a stock?

well the shorter answer is yes.  The movie version of the gun is a SBR.  If it is a rifle the barrel must be 16 inchs long.  If it is a pistol the barrel length does not apply (though i have heard that the barrel lenth has to be under 16 inchs).  If you look at the MP5 look alike that ar for sale to the public, you will notice the long ass barrel they all have.  Most websites list them as "fake supressors."  Simply put.  If your gun has a stock (or anything that can be quickly converted or used as one) the barrel muct be over 16in or registered as a SBR.  I still suck at posting pics but here goes...
Rifle
notice the long barrel.

Now for the pistol version of the same weapon the barrel is much shorter but there is no stock.  Those are really the only 2 differences.  
there are a few other measurements that Qualify a gun as a pistol vs a rifle but most are based on lenth and such.  The 2 big ones are stock vs no stock and barrel length.
Other things to note.....  DO NOT take your rifle or one you bought and remove the stock, put in a short barrel, and call it a pistol.  If a gun starts its life as a rifle (registered as such when assembled at factory or bought) then it is ALWAYS a rifle.  And  do not even get me started on vertical forend grips.......  
If this is still confussing to you feel free to PM or email me or post for clariication.
jimmy

Quoted: If this is still confussing to you feel free to PM or email me or post for clariication. jimmy

I get it but the  BW98 (HK SP89 clone) can still accept a collapsible stock by changin the rear end.

Quoted: Quoted: If this is still confussing to you feel free to PM or email me or post for clariication. jimmy I get it but the  BW98 (HK SP89 clone) can still accept a collapsible stock by changin the rear end.

I don't know if it can or not, but it only matters what the weapon started life out as.  If it started out with a stock and OAL of more than 26 inches and barrel length more than 16, it's a rifle.  Has a stock and a barrel length of less than 16 inches, it's a SBR.  No stock, short barrel, it's pistol.  No stock, long barrel, I'd assume it's an AOW.

groundfire that is a big no about putting the stock on the bw89. That would make it a SBR.  You are not allowed to put a stock on a glock because ATF has ruled this as a SBR.
Kit i do not know about the rifle with the stock removed.  I looked around and could not find a good answer if a pistol can have a barrel longer than 16in.  I am pretty sure they can and thus long barrel and no stock woudl be a pistol.  I thought i had found a good gun example but its OAL is still over 26.  Laws are so damn confusing

Jimmy, I think you got it reversed.  Taking stock off a rifle == bad, putting stock on a pistol == okay.

if you put a stock on a pistol the barrel must be longer than 16 inches.  You can take the stock of a rifle as long as the OAL is still >26inches.  You just can not remove stock and put <16in barrel on a rifle.