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Posted: 12/10/2003 3:14:55 AM EDT
I know that this question has probably already been asked so I apologize in advance.  But what is the legality involved with buying a an AR pistol and then putting a butt stock on it?  Does it still have to conform to the overall length requirement?  

Thanks,
Zak
Link Posted: 12/10/2003 5:23:34 AM EDT
[#1]
I'll take a stab at your question.

Generally it is illegal to put a stock on a pistol unless you have a 16" bbl on it. If you do put a butt stock on a pistol it is no longer a pistol but a short barreled rifle which will require an ATF application and tax/stamp.
Link Posted: 12/10/2003 6:13:20 AM EDT
[#2]
mideon,

Let me see if I can clarify this somewhat.  I don't think you can take a pistol and legally turn it into an SBR (short barreled rifle).  What you can do is turn a standard ar15 rifle lower and register it with the ATF as a SBR....it will cost you $200 and some paperwork, plus waiting for it to be approved.  As for OAL (overall length), I don't believe that it is applicable to SBRs.  

Don't take this as gospel......and someone please correct me if I am wrong.

JH94
Link Posted: 12/10/2003 7:01:32 AM EDT
[#3]
If you want a SBR (Short BArreled Rifle) it would be a waste to atart with a pistol lower.  To have a stock and barrel less than 16" on any lower (pistol or rifle), you need to first register it with BATF on a Form 1 with two fingerprint cards and the making/transfer tax of $200.  Once you receive the form back from BATF approved, you can add a stock to a pistol lower (with a short barreled upper) or a short barreled upper to a rifle lower.  Here's the catch; you can remove the new NFA weapon from the NFRTR at any time by removing the short barrel from the rifle and writing to BATF to explain that it no longer is a short barreled rifle, but if you do the same with a pistol lower, it reverts to a rifle lower (not back to a pistol lower).  A pistol, converted to a SBR, cannot be returned to a pistol configuration and removed from the registry because it [i]had[/i] a stock; it is now forever a rifle lower.  Additionally, I believe even a preban pistol lower would have to be legally assembled as a postban SBR, though a preban rifle lower could be assembled as a preban SBR.  Since the making of an SBR from a pistol lower would be creating a new rifle (ie. it was not a rifle prior to 9-13-94) I am fairly certain it would be treated as a postban SBR and so marked on the returned F1.
Link Posted: 12/10/2003 10:07:32 AM EDT
[#4]
I too thought that you could add a butstock if you simply added a 16in. barrel. Isnt that why they can sell the kits to turn your 1911 into a carbine?
Link Posted: 12/10/2003 11:09:51 AM EDT
[#5]
Killingmachine, yes it is legal to have an AR pistol, put on a 16" upper, and then add a stock.
Link Posted: 12/10/2003 12:27:48 PM EDT
[#6]
Link Posted: 12/10/2003 3:55:32 PM EDT
[#7]
Thanks for all the replies.....

So, with all the above being said, do any of you have an SBR that you legally constructed from preban parts?  If so do you have pics!?  The only reason I ask is because it seems the perfect mate to a shotgun in a home defense situation where over penetration of walls isn't a concern or possibly even converted to 9mm or .45.

**Edited to add**
How difficult is it to get BATF approval to build such a thing?
Link Posted: 12/10/2003 4:02:13 PM EDT
[#8]
OlyArms talks about using the OA-93 upper on "registered" pistol lowers only assembled before Sept 13, 1994.

Registered with who??
If i built off of a 1911 lower would that have to be registered.
or built a AR rifle from a lower == register?

the details have me confused?
thanks
Link Posted: 12/10/2003 5:34:21 PM EDT
[#9]
Quoted:
Here's the rules:

If a gun started out as a PISTOL, it can be made into a rifle (even a SBR, provided you get your tax stamp) and be put back into pistol form.

If a gun started out as a RIFLE, it can NOT be made into a pistol.  This is why you can't convert a pre-ban AR rifle into a pre-ban AR pistol.

I agree that it is kind of a waste to turn a rare AR pistol into a SBR, when you can easily do that with a common AR rifle.  Then again, AR pistols are virtually worthless as weapons.

-Troy
View Quote


Troy -

Thanks for the correction; after I wrote that and went to work, I had the sinking feeling I got it ass backwards (pistol to rifle ok - rifle to pistol not).  Still, I believe a preban pistol couldn't be made into a preban SBR (only a postban SBR) and would likely not be able to legally be returned to a preban pistol configuration.

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