AR pistol question

[roysha]

Is the lower that is used for the AR pistol, specifically marked as a pistol lower or can any AR lower be made into the pistol configuration? If the latter is the case, how does this square with the BARF regulation of not making a pistol from a rifle receiver?

[str8wal]

If you buy a stripped lower you can make it into whatever you want. There is no designation on the lower.

[Omega]

There is no designation on the lower besides maybe a caliber on some older lowers. BUT, if the lower was part of a rifle purchased through an FFL, or you built it, and documented it, as a rifle first, then it is illegal to make it into a pistol unless you SBR it.

[KMac]

Here is a hypothetical I have been pondering:
A lower that was registered as a rifle, then sold as a stripped lower to you, on a person to person sale (No FFL involved)
Are you responsible for knowing that it was registered as a rifle? Would the BATF hold you responsible for having a pistol that was registered as a rifle by someone else?

[Burnt Fingers]

Stripped lowers are inexpensive. If there's ANY doubt just buy a stripped lower.

Make sure the FFL marks it as a receiver on the 4473, not as a rifle or pistol.

[Omega]

Here is a hypothetical I have been pondering:
A lower that was registered as a rifle, then sold as a stripped lower to you, on a person to person sale (No FFL involved)
Are you responsible for knowing that it was registered as a rifle? Would the BATF hold you responsible for having a pistol that was registered as a rifle by someone else?Unfortunately, yes, I think you would be on the hook for knowing what you buy. The Mfg may be able to run a SN search and tell you what it was "born" as, at the very least be able to say whether it was sold as a rifle first. But if it was me, I'd do as Burnt Fingers posted and buy a new lower instead of a used one. Me, I build all my lowers as a pistol, take a pic, with timestamp, then I have proof just in case it ever becomes an issue.
I do this even if I intend to make it a rifle, just to have the option to do other builds with it in the future.

[mjwcaster]

Unless you buy a new receiver, there is no practical way to know if it was originally transferred as a rifle, pistol or other.

Many FFLs are confused about documenting bare receivers, particularly when it comes to multiple receivers.
They are not handguns and do not require a multiple handgun form filled out, yet some FFLs will still do so.

This is just another one of those laws that gets law abiding people all worked up, yet is not enforced because it is not practical to enforce.

Perhaps if someone was in the business of making pistols out of rifles for gangbangers it would interest the ATF.

The law actually makes logical sense, you cannot buy a firearm (or firearm receiver) from an FFL unless you are 21 or over.
Exceptions are made for rifles or shotguns, they can be purchased at 18 or over.

My favorite are the shotguns kits with stock and pistol grips.
If your 18-20 an FFL cannot transfer it to you with the pistol grip on it.
Two minutes with a screw driver, put the stock on it, transfer it with the stock on and the pistol grip in the box is ok, because it is now a Shotgun.
At least that is the best interpretation I could ever come up with.




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[str8wal]

Here is a hypothetical I have been pondering:
A lower that was registered as a rifle, then sold as a stripped lower to you, on a person to person sale (No FFL involved)
Are you responsible for knowing that it was registered as a rifle? Would the BATF hold you responsible for having a pistol that was registered as a rifle by someone else?

I wouldn't lose much sleep over that ;-)

[lar45]

If there was ever a question or a problem came up, you can bet that the BATF would investigate it and find out if it was a rifle first. I think the best bet would be to buy a new Multi-cal bare lower and go from there. What are they like $40-45?

[Lloyd Smale]

ya I wouldn't chance it. Not for the 40 bucks a lower cost. Just buy a new one and have your dealer put OTHER where it ask type of weapon and your good to go. You can build it either way but even then if you first build it as a rifle you are breaking the law if you convert it to a handgun. Don't know how they could prove it but it is illegal. Someone once told me that if I have only an ar15 (rifle) in the safe and a pistol upper sitting there without a lower I have intent and could be prosecuted for it.