What can I do with my lower?

[gvsugod]

I bought a lower from a guy on Ingo awhile ago and never really did anything with it. I was planning on making it a rifle but now I kinda want to do a pistol.

My question is I don't know how it was registered so are there ramifications if I was to turn it into an AR pistol?

 

[ViperJock]

Well we don't register guns in Indiana. You can make a pistol or a rifle without ramifications. If you make a short barrelled rifle without permission from the ATF, you've become a felon.

along those lines, I'd look up the differences between the three before you begin....

 

[gvsugod]

I have a the sbr differences down. Just wanted to double check when I bought a lower here a couple years ago they asked what I was making it into. So it threw me off.

 

[LarryC]

I bought a lower from a guy on Ingo awhile ago and never really did anything with it. I was planning on making it a rifle but now I kinda want to do a pistol.

My question is I don't know how it was registered so are there ramifications if I was to turn it into an AR pistol?

Your post made me curious so I did a little research and found the following article posted on another site - it is a reply by the ATF to your question to a person with the same question. It appears that as long as the "receiver" has never been assembled as a rifle (including the upper) you are good to go!
Request: Scans of any letters from the BATFE, that pertain to AR pistols - AR15.COM

 

[Dolton916]

How would anyone know if it had ever been a rifle?

 

[tv1217]

I wouldn't build an AR pistol from a lower that I bought in the classifieds for that very reason, unless it was from a fairly well established member.

 

[Jeremy1066]

So basically, a virgin lower with attached buttstock CAN be made into a pistol IF it has never been attached to a rifle upper?

 

[ScouT6a]

We were having a similar but different discussion in the LGS the other day. Here was the question:
If a guy had an AMD-65 parts kit minus the receiver (12" barrel) could he fill out a Form 1 and pay the $200 and then built a short barreled rifle utilizing a less than 80% receiver flat?

 

[tv1217]

My understanding is it can't have had a butt stock or even a stock tube, it has to be a buffer tube only, or never been listed on a 4473 as a rifle.

 

[throttletony]

How would anyone know if it had ever been a rifle?

If it was sold as a complete rifle from FFL, that's one (probably the main) way
As others have said, I believe it has to be a "virgin" lower, or previously used in another AR pistol (rare, but possible if you swap parts, etc.)
In other words, it's never been assembled as a long rifle

 

[ViperJock]

How would anyone know if it had ever been a rifle?

They would only know if it had been registered right? Or are you saying the ATF keeps the 4473? The NIS check isn't made to register a weapon, only to see if you are a proper person. Why would they care if you change the configuration from one legal configuration to another? (Unless of course it's an NFA) interesting. Just another reason to go with virgins.

 

[tv1217]

I wouldn't risk anything with the way the ATF operates. They could ruin your life for something you didn't even know you did.

 

[Huntinfool]

So basically, a virgin lower with attached buttstock CAN be made into a pistol IF it has never been attached to a rifle upper?

No I don't believe it can. Once it has bad a but stock or even stock-tube. You can't legaly make it a pistol.

 

[Jeremy1066]

No I don't believe it can. Once it has bad a but stock or even stock-tube. You can't legaly make it a pistol.

If you look at the first letter from ATF at top of this link :Request: Scans of any letters from the BATFE, that pertain to AR pistols - AR15.COM
I think you are incorrect.

 

[450BMFAN]

it's not worth the chance / i would just buy a virgin lower to be on the safe side

 

[Leo]

No I don't believe it can. Once it has bad a but stock or even stock-tube. You can't legaly make it a pistol.

When the FFL calls NICS they have to tell the Feds if the purchase is long gun or a hand gun. The OEM is bound by law to answer the BATF on anything they shipped. If they shipped it with a buttstock, it was a rifle.

Don't give the BATF an excuse to make you a felon on a technicallity.

 

[Slapstick]

When the FFL calls NICS they have to tell the Feds if the purchase is long gun or a hand gun. The OEM is bound by law to answer the BATF on anything they shipped. If they shipped it with a buttstock, it was a rifle.

Don't give the BATF an excuse to make you a felon on a technicallity.

Actually that's not quite right, it can be listed as pistol, rife or other. I always have the FFL list a stripped lower as other when they call in the 4473.

 

[dak109]

We were at the 1500 a couple of shows ago. The dealer wouldn't sell to an 18 year old a complete lower with an A2 buttstock. They said it could be used as a pistol. So, my question is if it comes with a buttstock on it how can it be a pistol? I still haven't had a chance to look that one up. Or is this just dealer policy? They claimed it to be law.

 

[cubbetm]

If registered as other you can swap between the two at any time. Look up atf ruling 2011-4


"Likewise, because it is the same weapon when reconfigured as a pistol, no “weapon made from a rifle” subject to the NFA has been made."

 

[shooter521]

Actually that's not quite right, it can be listed as pistol, rife or other. I always have the FFL list a stripped lower as other when they call in the 4473.

A lower receiver HAS to be marked on the 4473 as an "other" on line 18, and described as a "receiver" or "frame" on line 29. The old forms, up until a few years ago, were different.

We were at the 1500 a couple of shows ago. The dealer wouldn't sell to an 18 year old a complete lower with an A2 buttstock. They said it could be used as a pistol. Or is this just dealer policy? They claimed it to be law.

Correct on the law, incorrect reasoning. The law allows for sales of long guns to those over 18 but under 21. As noted above, the receiver (even with a stock attached) would have to be transferred out as an "other," which is different from a long gun. Thus, an 18 year-old could not buy a lower receiver from a dealer. Same goes for pistol-gripped shotguns (Mossberg Cruiser, et al), which are also transferred out as "other".