AR Sponsor
Posted: 9/30/2010 8:56:55 PM EDT
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So..
I built my AR pistol, and now wanna build a rifle.... It's going to be a complete new setup.. Now here comes the fun part.... Can I buy parts I need in increments, Ie. buy a lower with collapsible buttstock, then the upper, barrel, etc at a later date? I know it's BS, but I have a feeling that BATFE might say that since I have a lower, but no 'legal' upper to put on it, they'd pull the constructive possession BS since the only other upper I have is less than 16" for my pistol. I converted my pistol to piston, so I have my bolt carrier, gas block, gas tube, and free float quad rail.... meaning I can put together a new rifle for about $400.. :D I just don't want to be in a situation where I'm afoul of the law, even if it is a B.S. law.. |
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The rule of thumb for "constructive possession" is that you must have a legal way to use all the parts in your possession.
If you have a complete pistol and a rifle lower, you're OK - you can assemble a pistol, and there's no upper for the rifle lower. If you had the complete pistol, and a complete rifle, and one extra short upper for your pistol - you'd be OK. You have a legal way to use all the parts (one pistol, one rifle, one left-over pistol upper). If you had the complete pistol, and extra short upper, and the rifle lower, but no non-NFA length rifle upper - you'd have a problem, since you've got no legal way to assemble all the parts you possess. |
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I agree. Get the upper first. You can put a 20 inch upper on a pistol if you want, but when all you have is a pistol upper (less than 16 inches) it is pretty hard to make the case that you do not have an illegal SBR if you have a rifle stocked lower.
Just get your lower first, then the rest of your stuff, and your stock last. Since there is no difference between a rifle and pistol lower, except for stock, get the stock last and you are out of hot water. Get the receiver extension (buffer tube) for the rifle stock too if you want, just don't get the stock that goes on it it until you have your 16 inch or longer upper. |
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I don't see any problems with getting the lower first. Even if it has a butt stock when you buy it, if it's never had an upper on it to make it a complete rifle, you can build it into a pistol if you wish.
Of course the "uber safe" route would be to do as you have planned and go upper first. |
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Quoted:
I don't see any problems with getting the lower first. Even if it has a butt stock when you buy it, if it's never had an upper on it to make it a complete rifle, you can build it into a pistol if you wish. No, ATF considers a lower which has had a stock attached to be forever a "long gun". Maybe a rifle, maybe a shotgun, but it can never, ever be pistol. Would the ATF know? Dunno. Is it illegal? ATF says it is. |
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ATF considers a lower which has had a stock attached to be forever a "long gun". What do you base that on? Wow, looks like they went and changed their minds again, or further clarified the issue. Their previous guidance was that to be "virgin" for making pistols or AOWs the receiver must never have had a stock attached. Perhaps that's just for AOW builds now. |
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Quoted:
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ATF considers a lower which has had a stock attached to be forever a "long gun". What do you base that on? Wow, looks like they went and changed their minds again, or further clarified the issue. Their previous guidance was that to be "virgin" for making pistols or AOWs the receiver must never have had a stock attached. Perhaps that's just for AOW builds now. A complete lower with stock that has never had an upper attached to it is not a rifle or a pistol or SBR or AOW....there is no barrel so it is not even a firearm....it is classified as OTHER by the ATF. |
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ATF considers a lower which has had a stock attached to be forever a "long gun". What do you base that on? Wow, looks like they went and changed their minds again, or further clarified the issue. Their previous guidance was that to be "virgin" for making pistols or AOWs the receiver must never have had a stock attached. Perhaps that's just for AOW builds now. A complete lower with stock that has never had an upper attached to it is not a rifle or a pistol or SBR or AOW....there is no barrel so it is not even a firearm....it is classified as OTHER by the ATF. FYI Although it doesn't change the outcome of this discussion, A serialized AR15 lower is most certainly a firearm. Yes it is transfered as "OTHER" but OTHER is a classification of firearms. Just Sayin! |
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Quoted:
I agree. Get the upper first. You can put a 20 inch upper on a pistol if you want, but when all you have is a pistol upper (less than 16 inches) it is pretty hard to make the case that you do not have an illegal SBR if you have a rifle stocked lower. Just get your lower first, then the rest of your stuff, and your stock last. Since there is no difference between a rifle and pistol lower, except for stock, get the stock last and you are out of hot water. Get the receiver extension (buffer tube) for the rifle stock too if you want, just don't get the stock that goes on it it until you have your 16 inch or longer upper. I agree with the above |
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Quoted: It doesn't matter if it's a firearm, it matters if it is a RIFLE.Quoted: Quoted: Quoted: Quoted: ATF considers a lower which has had a stock attached to be forever a "long gun". What do you base that on? Wow, looks like they went and changed their minds again, or further clarified the issue. Their previous guidance was that to be "virgin" for making pistols or AOWs the receiver must never have had a stock attached. Perhaps that's just for AOW builds now. A complete lower with stock that has never had an upper attached to it is not a rifle or a pistol or SBR or AOW....there is no barrel so it is not even a firearm....it is classified as OTHER by the ATF. FYI Although it doesn't change the outcome of this discussion, A serialized AR15 lower is most certainly a firearm. Yes it is transfered as "OTHER" but OTHER is a classification of firearms. Just Sayin! |
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