Can an "other" registered AR receiver be assembled as a rifle?

Dr.Duct_Mossburg · Jan 17, 2015

I bought a stripped AR lower pre ban and had it registered as "other" because I intended on making it a pistol.

I am now in between with the ban and wouldn't mind making it a rifle. I cant find an legal information when googling (likely because of the wording).

Does anyone have experience with this?

dontpanic · Jan 17, 2015

Yes it can be a rifle. As a MD resident you can only make a rifle with a heavy barrel. Or a HBAR as they are known.

Edit. I just reread your post. You have a preban "other" , you can make a rifle with whatever barrel profile you want.

There are people who will be along shortly to disagree with this.

BradMacc82 · Jan 17, 2015

Perfectly legal to assemble as a rifle or pistol, your choice.

The safe bet would be to assemble it as an HBAR (if going 5.56).

Dr.Duct_Mossburg · Jan 17, 2015

dontpanic said:
Yes it can be a rifle. As a MD resident you can only make a rifle with a heavy barrel. Or a HBAR as they are known.

I don't see how this would matter as this was purchased pre ban.

dontpanic · Jan 17, 2015

Dr.Duct_Mossburg said:
I don't see how this would matter as this was purchased pre ban.

I already corrected myself. I was wrong

It is also a good idea to assemble it with a pistol upper first. Then you will be able to go back to a pistol if you decide later. If you make a rifle first, you cannot legally make it a pistol.

Dr.Duct_Mossburg · Jan 17, 2015

dontpanic said:
I already corrected myself. I was wrong

It is also a good idea to assemble it with a pistol upper first. Then you will be able to go back to a pistol if you decide later. If you make a rifle first, you cannot legally make it a pistol.

Lol, gotta love the good ol' ATF combined with the good ol' state of Maryland. Im going to be between houses for about a 4 month period and I've considered getting a place in Virginia vs. Maryland because of the gun laws. That's pretty sad.

outrider58 · Jan 17, 2015

Dr.Duct_Mossburg said:
I don't see how this would matter as this was purchased pre ban.

If purchased pre-ban, barrel contour shouldn't an issue, AFAIK. Now, supposedly, once built into a rifle, can not be changed into a pistol. But, if first built into a pistol, can be changed into a rifle. Why that is, I haven't a clew but, there it is.

shubin6 · Jan 17, 2015

with a heavy barrel，or make it with a piston upper, such as LWRC M6A2?

http://mdshooters.com/showthread.php?t=161615

Pinecone · Jan 17, 2015

It up to you what barrel profile you consider to be legal for that lower.

BUT, MSP is handling SBR builds based on when you BUILD it, not when you bought it.

So if you bought hte lower pre-ban and assembled pre-Oct 1, 2013 it into a rifle with a pencil barrel, you can restore it to this condition.

But if you did not the build the lower pre-Oct 1, 2013, you MAY be the test case on whether this is legal or not.

This has been asked of MSP with conflicting responses.

Personally, I would NOT build a pencil barrel today.

Flipz · Jan 17, 2015

Pinecone said:
It up to you what barrel profile you consider to be legal for that lower.

BUT, MSP is handling SBR builds based on when you BUILD it, not when you bought it.

So if you bought hte lower pre-ban and assembled pre-Oct 1, 2013 it into a rifle with a pencil barrel, you can restore it to this condition.

But if you did not the build the lower pre-Oct 1, 2013, you MAY be the test case on whether this is legal or not.

This has been asked of MSP with conflicting responses.

Personally, I would NOT build a pencil barrel today.

SBR's are different animals and should not be used as a comparison to regular pre-ban lowers. When putting together an SBR you are "making" a new firearm where you, or your trust, is the new "maker/manufacturer". This is why they must be engraved with your name, or trust name, and the city and state. A receiver must have the manufacturers name, city, and state engraved on it. You, or your trust, are the new manufacurer. The effective date of manufacture is the date of approval of your form 1.

As for lowers transferred as "others", you are not "making/manufacturing" a new firearm. You are simply assembling an existing firearm. A pre-ban lower is not held to post-ban rules as it was already a firearm before the ban and the manufacturer is not changing.

Pinecone · Jan 18, 2015

Go ahead and ask MSP.

We were about 50/50 on it was OK, or they are trying to figure it out. MSP may decide that Other to Rifle is making the rifle. They may not.

My advice is based on NOT wanting to become the test case. You choice may vary.

TopTechAgent · Jan 18, 2015

dontpanic said:
I already corrected myself. I was wrong It is also a good idea to assemble it with a pistol upper first. Then you will be able to go back to a pistol if you decide later. If you make a rifle first, you cannot legally make it a pistol.

How will anyone know of you build a pistol first? All one has to say is yes I did. After built into a rifle where is the proof it was a pistol first?

outrider58 · Jan 18, 2015

TopTechAgent said:
How will anyone know of you build a pistol first? All one has to say is yes I did. After built into a rifle where is the proof it was a pistol first?

That's the million dollar question. Just don't look guilty if anyone asks...

Flipz · Jan 18, 2015

Pinecone said:
Go ahead and ask MSP.

We were about 50/50 on it was OK, or they are trying to figure it out. MSP may decide that Other to Rifle is making the rifle. They may not.

My advice is based on NOT wanting to become the test case. You choice may vary.

I did ask MSP at the last dealer seminar. In fact, I asked Cpt. Brady herself. She is the head of Firearms Licensing Division.

dontpanic · Jan 18, 2015

TopTechAgent said:
How will anyone know of you build a pistol first? All one has to say is yes I did. After built into a rifle where is the proof it was a pistol first?

Of course this is true. However you will know you are lying. It is much harder to tell a lie consistantly.

There is no proof that it was ever a pistol, other than your word. And maybe that you own a pistol upper. I take my word seriously, enough so that I actually did put a pistol upper on all my lowers before making a rifle.

There are people on this forum that sent themselves certified letters with pictures of thier new lowers configured as pistols.

outrider58 · Jan 18, 2015

Flipz said:
I did ask MSP at the last dealer seminar. In fact, I asked Cpt. Brady herself. She is the head of Firearms Licensing Division.

Aaaaaand what did she say? :tap:

outrider58 · Jan 18, 2015

dontpanic said:
Of course this is true. However you will know you are lying. It is much harder to tell a lie consistantly.

There is no proof that it was ever a pistol, other than your word. And maybe that you own a pistol upper. I take my word seriously, enough so that I actually did put a pistol upper on all my lowers before making a rifle.

There are people on this forum that sent themselves certified letters with pictures of thier new lowers configured as pistols.

Thing about that is, you now have a pistol upper without a pistol lower. Ipso facto, you now have an illegal SBR in your possession. Ain't no lying your way outa that one.

mopar92 · Jan 18, 2015

outrider58 said:
Thing about that is, you now have a pistol upper without a pistol lower. Ipso facto, you now have an illegal SBR in your possession. Ain't no lying your way outa that one.

Nope he can LEGALLY turn it back into a pistol at any time. Think about how easy it is to simply remove a buttstock and bam instant pistola.

outrider58 · Jan 18, 2015

mopar92 said:
Nope he can LEGALLY turn it back into a pistol at any time. Think about how easy it is to simply remove a buttstock and bam instant pistola.

Totally understand that but, does a standard carbine buffer tube suffice, legally speaking? My first thought is not. But I don't know the letter of the law here.

TopTechAgent · Jan 18, 2015

outrider58 said:
Thing about that is, you now have a pistol upper without a pistol lower. Ipso facto, you now have an illegal SBR in your possession. Ain't no lying your way outa that one.

Can't someone own a pistol upper without having a respective lower? What says that an upper must be matched to the lower?

Can an "other" registered AR receiver be assembled as a rifle?

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