SBR from pistol or rifle lower?

[Hop]

That specific case was re: Thompson pistols but it opens the door for other interpretations. The ATF "SBR constructive intent" rumor BS needs to be clairified. Unfortunatley it may be at some poor guys expense that gets nailed. ATF has several papers stating a registered SBR with a regular 16" upper attached does not meet the definition of an SBR and therefore can cross state lines as a non-NFA weapon. Well if that's true then a short upper sitting in the closet next to a non-registered lower also doesn't meet the definition of an SBR. These vague rules, interpretations and conflicting letters are a load of crap IMO.

Oh, ATF, don't even think about it. All my stuff has tax stamps! You know they're watching this thread.

 

[GunsNstuff]

I believe BG Firearms is a class 3 dealer??? I will try to get in there this week, if I can get off of work. I will definitely play everything safe because you're right, it's not worth the loss of rights and freedom over a silly regulation. BTW, I wonder how many gang bangers get online to research the law to make sure they are compliant with the law? lol.

Anyway, since the stripped lower I have has never been put together with anything, I don't even own a lower parts kit or an upper, I am currently fine. I'll just build a pistol and do the paperwork and tax before I even buy a stock. In reality, I will probably do the tax and engrave the lower before I even build the sbr. Who knows?

 

[JeepCrasher]

I work almost across the street from bg firearms but i work to much overtime to get there while there open.

So im waiting to see how this turns out after your visit.


Tick tock

Later
Crasher

 

[JeepCrasher]

I just found this older INGO thread and wanted to share.

https://www.indianagunowners.com/forums/class_iii_nfa/58068-shortest_barrel_for_ar_15_223_a-4.html

And for the juicy part that concerns this

Hope this helps

Later

 

[GunsNstuff]

OK. I got an answer from a class 3 dealer. First is don't break the law. I couldn't agree more. Second, it was explained to me that a rifle cannot be turned into a pistol (we knew that) but a pistol can be turned into a rifle (we knew that too). Now, if a new rifle is bought, it is registered as a rifle. The manufacturer made the rifle and serial numbered it and sent that information to the federal government. There is paperwork proving that the receiver was originally a rifle. The same goes for a pistol.

A stripped lower starts out life as nothing. Maybe it's something but it is not a registered rifle or pistol. It's just a gun/firearm. Now, if you turn it into a rifle first then you cannot turn it into a pistol, but if you turn it into a pistol first, then you CAN turn it into a rifle. The thing is though, there is no paperwork or tracking mechanism to check something that starts out life as a stripped lower receiver. There is no way of knowing one way or the other which way the receiver started out as far as paperwork or registrations go. The only way to know is honesty on the part of the owner. I assume witnesses could also be called to testify one way or the other if the BATFE ever showed up at your house with a warrant and went through your closet and found something they'd like to ask questions about.

I was also told that you CAN own a shorter than 16 inch barreled upper, even if you do not own a pistol lower, as long as you do not install the short barrel onto a lower that can accept a stock. Which means that if you already own an AR15 rifle and plan to build an SBR, you are free to buy the upper that you want and take it home as long as you do not install it to the lower before you get your stamp. Simply owning a rifle lower and a short upper does not violate the law.

That is what I got out of the short conversation. I am happy to have talked to a class 3 dealer because the last thing in the world I want to do is unknowingly violate the law and end up in prison on gun charges and tax evasion and lose my gun rights.