Rifle Lower to Pistol Lower

[okmedic]

I recently purchased a stripped lower and when it was shipped to my FFL, I just figured I would make it a regular AR. But now I'm leaning toward turning it into a pistol. Can I legally change it via paperwork or do I have to keep it as a rifle and buy a new lower and have it initially registered as a pistol?

 

[bsmith918]

I recently purchased a stripped lower and when it was shipped to my FFL, I just figured I would make it a regular AR. But now I'm leaning toward turning it into a pistol. Can I legally change it via paperwork or do I have to keep it as a rifle and buy a new lower and have it initially registered as a pistol?

It should have been transferred as "other" and as long as you haven't added a stock to it are fine to do so. It can never have a stock added and then go back to a pistol.

 

[Buzzgun]

How was it listed on the paperwork when you bought it?? If it was listed as a "other", it's legal configuration is determined by the way it is first assembled. If it was listed as a rifle on the paperwork, or has ever been assembled as a rifle, you would have to do the NFA paperwork and register it as a short barreled rifle if you want to legally configure it with a barrel less than 16" or less than 26" overall.

 

[okmedic]

I honestly don't recall how the ffl listed it. I'm going to have to contact him. I haven't assembled it yet. I have a lower parts kit in it, but I haven't purchased an upper for it as of yet. Thanks for the info. That's sort of what I was thinking but just wanted clarification. Also, just so I'm clear on this, I cannot just do another 4473 and say that it is a pistol, I have to go through the pain in the ass of the SBR paperwork if it is registered as a rifle?

 

[HiredHand]

It should have been transferred as "other" and as long as you haven't added a stock to it are fine to do so. It can never have a stock added and then go back to a pistol.

I've heard you can go from pistol to rifle and then back to a pistol configuration. http://jerkingthetrigger.com/2013/11/20/ar-15-pistols-clearing-up-some-misconceptions/

 

[CBarCRanch]

If I buy a stripped lower from someone in a private transaction, I have no idea how it was originally put on the 4473.
Good to build as a pistol or not?

 

[cal7.62x39]

Unless your ffl is special needs then lower receivers (complete rifle with stock, complete pistol with tube, or stripped) is suppose to filled as "other". As an "other" you can build a stripped lower as a pistol or a rifle. The only issue is that if it has ever had a stock on it then it is considered a rifle... but as far as paperwork goes it would not say if it is a pistol or rifle, just as other.

 

[tRidiot]

So you have an LPK in it... does that mean a buffer tube is attached already? If so, and it's not a specific pistol tube, then it is a rifle buffer and thus configured as a rifle. To adhere to the letter of the regulation, even if you never put a buttstock on that rifle/carbine buffer tube, it is still a rifle - as you COULD HAVE put a buttstock on it and taken it back off. lol

Yeah... I know.

 

[Pokinfun]

If the FFL did not list it as "other" they did the paper work incorrectly, if it was stripped lower. The next question is, will it ever be checked? If you purchased a used lower does it matter?
I think, an AR pistol is on the edge of NFA legally. Therefore, I would just make sure everything was legal on the paperwork. It would sure suck to have my house robbed or pickup broken into, while I was buying coffee, and 6 months later have the ATF show up at my door, because some thug did a drive-by with my stolen gun.
The problem with NFA is it makes law abiding citizens into criminals.

 

[bsmith918]

tRidiot, I don't think that is exactly correct. I think you are allowed to use a rifle receiver extension, but cannot have a stock available that is not attached to another rifle and can easily be attached. The laws around this are wonky, but I do believe that is how it is written. Man people will just put a piece of foam over the extension or just wrap it with paracord.