Can I run a pistol buffer tube on an AR-15 untill the Form 1 comes back?

[Serenity Bushcraft]

Hey guys just a quick question. I have been thinking about building an AR-15 SBR. I think that I have a fairly good idea of what I need to do paperwork wise but my question is this......If I buy a lower reciever and put a pistol buffer tube on it can I run a barrel length shorter than 16" without breaking the law? Or does the actual lower reciever need to be marked "PISTOL"? I would do this so that I could actually use my gun while waiting on the paperwork to come back to me. When the paperwork arrives all I would have to do is swap out the buffer tube and add a stock. Well Minus the engraving that I would have to put on the lower.

CHEERS Guys and thanks for any input.

 

[338Shooter]

Yes you can as long as it wasn't originally a rifle.

 

[Serenity Bushcraft]

Yes you can as long as it wasn't originally a rifle.

SO a stripped lower reciever that has never been either a pistol or a rifle would qualify then? Now I guess the real challenge is going to be finding that lower reciever...LOL.

Thanks for your input. CHEERS

 

[Nighthawk]

It depends on if the FFL that purchased the lower and it was logged out to him as a receiver or rifle, and if he logged it out to you as a receiver or rifle. If it was logged out as a receiver you are okay, if it was logged out as a rifle you may have some problems.

 

[338Shooter]

If the FFL marks rifle he did it wrong. And that really isn't the litmus test anyway.

 

[mr ed]

If the FFL marks rifle he did it wrong. And that really isn't the litmus test anyway.

yeah, the litmus test is when the cop sees you shooting it with that pistol buffer up to your shoulder like a rifle and arrests you for an unregistered sbr. doesn't matter if there a "stock" on it or not. capable of being fired from the shoulder does.

 

[dwkennedy]

Nobody has ever asked to see my papers, I feel kind of neglected.

If you can "get away" with shooting a real SBR, I think shooting a AR-15 pistol is no big deal. If some overzealous policeman drags you off the range, you have the law on your side-- AR15 pistols are sold at H&H for crying out loud, you are not going to prison for owning a legal one.

 

[Erick]

yeah, the litmus test is when the cop sees you shooting it with that pistol buffer up to your shoulder like a rifle and arrests you for an unregistered sbr. doesn't matter if there a "stock" on it or not. capable of being fired from the shoulder does.

Why would a LEO arrest someone for that? I can fire any pistol from my shoulder if I choose to. As long as the "pistol" is legal, they can hold it with one hand, two hands, shoulder it or shoot it behind their back. The law dictates that a pistol can't be designed and built to be shouldered.


I've done the same on my SBR build. I bought the stripped lower, installed the pistol buffer tube on it and shot the 8" barrel until the SBR was approved, then I put the stock on it once I engraved the receiver (thanks Dustin for the info) and received the stamp. Since it was never a rifle, it was never anything but a pistol.

 

[CAR-AR-M16]

yeah, the litmus test is when the cop sees you shooting it with that pistol buffer up to your shoulder like a rifle and arrests you for an unregistered sbr. doesn't matter if there a "stock" on it or not. capable of being fired from the shoulder does.

I must respectfuly disagree with the part in red above.

The term “pistol” is defined by 27 CFR 479.11, as “a weapon originally designed, made, and intended to fire a projectile (bullet) from one or more barrels when held in one hand, and having (a) a chamber(s) as an integral part(s) of, or permanently aligned with, the bore(s); and (b) a short stock designed to be gripped by one hand and at an angle to and extending below the line of the bore(s)”.

The key terms are "designed, made and intended" to be fired by one hand. The fact that you are capable of firing it from the shoulder does not make it an SBR.

Can you provide one substantiated legal case of someone being charged with possessing an un-registered SBR because they fired a legal pistol from their shoulder?