I have a question regarding pistol/SBR

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  • Notalentbum

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    Bear Creek has a great price on a 7.5” pistol upper assembly. I am very temped to buy one or six. I don’t do well at understanding legal speak so about two sentences into the laws regarding SBRs and AR pistols I’m confused and lost.
    I have a brand new assembled lower less the tube and spring. Is it only the stock/shoulder pad that determines whether the assembled firearm is an SBR or classified as a pistol?
    Also, is an AR pistol no different legally than any other pistol and is an SBR a class III controlled firearm?

    Thanks, Matt
     

    MontereyC6

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    Bear Creek has a great price on a 7.5” pistol upper assembly. I am very temped to buy one or six. I don’t do well at understanding legal speak so about two sentences into the laws regarding SBRs and AR pistols I’m confused and lost.
    I have a brand new assembled lower less the tube and spring. Is it only the stock/shoulder pad that determines whether the assembled firearm is an SBR or classified as a pistol?
    Also, is an AR pistol no different legally than any other pistol and is an SBR a class III controlled firearm?

    Thanks, Matt

    For an AR pistol, you need a pistol buffer tube. Basically a buffer tube that can't take a stock. An AR pistol falls on the same laws as carrying a pistol in Indiana. You need to have a LTCH. 3rd, yes, a SBR is regulated under NFA laws.
     

    Bigtanker

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    Start your build as a pistol. Put the stabilizer brace on it and you're good to go. Since the brace was not designed to be shouldered, it's considered an accessory, not a stock. Just make sure not to put a vertical foregeip on it.

    And in reality, there is no difference between a SBR and a pistol w/ a brace except the previous mentioned vertical foregrip........and the possibility of a braced pistol becoming a no-no with the swipe of a pen.
     

    Cameramonkey

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    Stupid federal law:Once a rifle, ALWAYS a rifle.

    If it starts its life as a pistol (or "other" if purchased as a stripped lower) you may convert it to a rifle later. CAREFULLY. As this author mentions, its probably a good idea to also have an AR rifle as well to avoid what they fail to mention by name that COULD send you to jail; "constructive possession" of a SBR without a stamp. If you bought the lower with a stock preassembled, it was almost always transferred as a rifle.

    A good, short FAQ here.
    https://www.ar15.com/forums/ar-15/-/122-266557/?

    And in any case, if there are any doubts whether you started with a pistol or virgin (other) lower, just buy a virgin lower and start over. Last thing you want to find out is the stripped lower you bought used from a guy was actually purchased as a rifle on the 4473. (e.g. you use the pistol for a defensive use and during the investigation they trace it back to the original rifle 4473. oops.) I doubt it would happen, or that the prosecutor would be vindictive, but I'm too pretty for prison so I err on the side of extreme caution... and lowers are cheap. $100 or less to know I wont go to jail? OK!
     

    Notalentbum

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    I didn’t think to mention, this particular lower was from one of the INGO group buys. Pretty sure all these have been sold as “other” on 4473.
    As I understand what has been posted, I must have a pistol tube on my AR pistol as a rifle tube could accept a stock making it an SBR and no vertical foregrips.
    I have several complete ARs along with a few more complete uppers. I never picked up the tube, spring and buffer for this INGO lower as I had never decided how I was going to use it.

    Thanks, Matt
     

    Sigblitz

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    Not legal advice, but you can put a Bladetech on it. The buffer tubes have dimples and you tighten a set screw for length of pull. The blade can't be permanently affixed, which means you put blue locktite on the set screw and not red. I believe length of pull can't exceed 23", measured from the end of the blade to the trigger flat. You can put a Magpull angled forgrip on it, but not a vertical.
     

    flatlander

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    For an AR pistol, you need a pistol buffer tube. Basically a buffer tube that can't take a stock. An AR pistol falls on the same laws as carrying a pistol in Indiana. You need to have a LTCH. 3rd, yes, a SBR is regulated under NFA laws.

    Not completely true. If I remember, the SB4 goes on a regular mil spec buffer .

    Bob
     

    Ggreen

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    Not legal advice, but you can put a Bladetech on it. The buffer tubes have dimples and you tighten a set screw for length of pull. The blade can't be permanently affixed, which means you put blue locktite on the set screw and not red. I believe length of pull can't exceed 23", measured from the end of the blade to the trigger flat. You can put a Magpull angled forgrip on it, but not a vertical.

    This is mostly wrong.

    You do not have to or even need to loctite your blade in position. I use them on my pistols for simplicity and have never had one loosen in use.

    13.5 is the max lop for a pistol. Rear of brace to front flat of trigger. Longer and it can be called an sbr.

    If your gun measures 26.5" in its smallest usable format you can use a vfg. This doesn't count muzzle devices unless they are welded. Brace must be all the way forward. If it does not require a buffer to operate you must measure to the back of the reciever.
     

    Sigblitz

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    This is mostly wrong.

    You do not have to or even need to loctite your blade in position. I use them on my pistols for simplicity and have never had one loosen in use.

    13.5 is the max lop for a pistol. Rear of brace to front flat of trigger. Longer and it can be called an sbr.

    If your gun measures 26.5" in its smallest usable format you can use a vfg. This doesn't count muzzle devices unless they are welded. Brace must be all the way forward. If it does not require a buffer to operate you must measure to the back of the reciever.

    Mostly correct. Everything I read references OAL at 26". This is the threshold ATF determined is no longer concealable. Unless you're actually concealing it, then it's an AOW.

    This time I used Google. :rockwoot:

    EDIT: Pistol with OAL >26" and vertical grip. OC ok and grip has to be in most forward position. Conceil or grip set back, AOW and 10 years in the pokey.
     
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    cbhausen

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    Not completely true. If I remember, the SB4 goes on a regular mil spec buffer .

    Bob

    Correct... the SBA4 comes with a 6-position mil-spec 7075 receiver extension and is LOP adjustable like an M4 buttstock. I have one on an Aero Precision 8” 1:7 300 AAC Blackout upper. Who needs an SBR when you can have this?
     

    Notalentbum

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    OP here, after having assembled and played with my AR pistol with regular pistol buffer tube, I have decided it sucks and not a lot of fun to shoot. I kinda suspected as much even before I built it.
    So, I’m thinking of SBRing the upper. It’s a 7.5” barrelled upper. If I was to put this together with a rifle lower it is then considered an SBR, correct? To make this legal to own and play with, what do I need to do and how much does it cost in SBR-BS taxes?

    Thanks, Matt
     

    Rookie

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    Yes you can. There's certain criteria you have to meet (depth, height, and information) but you can do it.

    An SBR can have a 16+ inch barrel.
     

    MontereyC6

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    OP here, after having assembled and played with my AR pistol with regular pistol buffer tube, I have decided it sucks and not a lot of fun to shoot. I kinda suspected as much even before I built it.
    So, I’m thinking of SBRing the upper. It’s a 7.5” barrelled upper. If I was to put this together with a rifle lower it is then considered an SBR, correct? To make this legal to own and play with, what do I need to do and how much does it cost in SBR-BS taxes?

    Thanks, Matt

    You don't SBR the upper, in an AR, it's the lower that gets registered. The tax is $200 for a form 1.
     
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