Quoted: BIG-BORE, I read your Thread w/the ATF Letter concerning their Ruling that IF you have ever had the Reciever as a Rifle,then you Cannot use it for a Pistol. DO YOU AGREE? Once you have your Lower as a Pistol lower,then I do not believe you can change it to a Pistol/Rifle/Pistol- now this is getting NUTS. Me,I would rather just buy a Lower for my Rifle,and a Lower for my Pistol,ATF can rule anyway they want,I wouldn't want to get caught w/my Pants down,if you get my drift?! You have put alot of time into this PISTOL-SBR-RIFLE topic and I for one appreciate your time. Thanks.
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That only refers to First Build. If the first build is a rifle, then it is a rifle, end of story. The ATF has said that once a rifle (first build) it is always a rifle and the only way to make a rifle into a "pistol" is to SBR it. If, however, the first build is a pistol then the lower is a pistol from that point on, regardless of what upper is attached to it. According to the TC Contender court ruling a pistol can be made into a rifle configuration (16 inch or longer barrel and stock with an OAL of 26 inches or more) and back again into pistol configuration (pretty much any barrel you want but NO stock) as much as you want so long as the rifle stock is not on the the frame the same time the pistol barrel is on there.
Look at it this way. You buy a stripped lower, it is that, only a stripped lower, not a rifle, not a pistol. The first build determines what the lower will be from that point forward. If built as a pistol, then it is a pistol and you are free to go the back and forth between rifle configuration (it is still a pistol lower) and back to pistol as much as you want so long as the pistol barrel is never on with the stock.
But if the first build is a rifle, then the lower is a rifle from that point forward and the ATF regulations say that once the lower is offically a rifle lower (first build), then it is a rifle forever and you cannot convert a rifle to a pistol unless you SBR it (and even then it is not a pistol, only a rifle with a short barrel or short OAL).
I know it makes no since at all that you can go from pistol to rifle and back to pistol and all is OK but if you go from rifle to pistol then you are in violation. But the ATFE has never been know for their regulations making since, have they?