atf ruling

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  • clandestine

    AR-15 Savant
    Oct 13, 2008
    37,032
    Elkton, MD
    Its not this confusing guys, really.

    You can change a FACTORY MADE PISTOL into a RIFLE (NOT A SBR), and then change that RIFLE back into a PISTOL with no legal issues, in the past you COULDNT DO THAT, IT HAD TO STAY A RIFLE ONCE MADE INTO A RIFLE.


    If you have a FACTORY MADE RIFLE YOU CANNOT MAKE IT INTO A PISTOL WITHOUT ATF approval.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,628
    SoMD / West PA
    I think only if the barrel is 16+. If the barrel is shorter you made an SBR. I think that's why they made such a point out of the example kit coming with two barrels.

    not a lawyer... not even really knowledgeable...:D

    Dang it, still an NFA item after I got time to digest the new rule.

    Held further, a firearm, as defined by 26 U.S.C. 5845(a)(4), is made when a handgun or other weapon with an overall length of less than 26 inches, or a barrel or barrels of less than 16 inches in length, is assembled or produced from a weapon originally assembled or produced only as a rifle. Such weapons must be registered and are subject to all requirements of the NFA.
     
    Last edited:

    hawxter996

    this avatar is offensive!
    Nov 11, 2008
    2,425
    at home
    it means two uppers and two stocks,one lower.
    it means when i build my ar pistol,i can change to a rifle config 16in or more and change back when i want.
     

    midcountyg

    Ultimate Member
    Mar 7, 2009
    2,665
    Preston, MD
    The big thing this does is allow the people who own T/C Encores and Contenders, and other like firearms, to buy a pistol frame and use it as a pistol or rifle at any time. Same for buying carbine conversion kits for pistols. Before, once you placed the carbine kit on a pistol you constructed a rifle from a pistol. Then it had to remain a rifle, because you could not legally convert a rifle to a pistol. Now you can convert a rifle back to a pistol, if it was originally classified a pistol when it was manufactured. Do not get confused and place the rifle stock on with a barrel under 16", because that is still constructing a short barreled rifle. Also watch out for you OAL when the stock is used.
     

    Hopalong

    Man of Many Nicknames
    Jun 28, 2010
    2,921
    Howard County
    Its not this confusing guys, really.

    You can change a FACTORY MADE PISTOL into a RIFLE (NOT A SBR), and then change that RIFLE back into a PISTOL with no legal issues, in the past you COULDNT DO THAT, IT HAD TO STAY A RIFLE ONCE MADE INTO A RIFLE.


    If you have a FACTORY MADE RIFLE YOU CANNOT MAKE IT INTO A PISTOL WITHOUT ATF approval.

    This. Prior to ths ruling, it used to be "Once a rifle, always a rifle" so if you converted anything that used to be a rifle into a pistol, you had to do NFA paperwork.

    Now if you start with a pistol (either from the factory or assembled yourself), you can go from pistol to rifle and back with no issues. SBRs/AOWs still require ATF paperwork.
     

    BadShot25

    Active Member
    Oct 9, 2008
    254
    For ARs, how would they know if it started out as a pistol or a rifle?

    I'm going to do my paperwork tonight. Should I choose "bare receiver" or "pistol" on the form if I want to make an AR pistol.
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,893
    Rockville, MD
    It seems to me like you would get the most flexibility with pistol, but I don't know how that interacts with Maryland or federal law - could you get tagged by certain handgun regulations if your pistol-that's-now-a-rifle is in the wrong place or stored improperly?
     

    kfrede86

    Ultimate Member
    Feb 22, 2010
    1,559
    St. Marys
    For ARs, how would they know if it started out as a pistol or a rifle?

    I'm going to do my paperwork tonight. Should I choose "bare receiver" or "pistol" on the form if I want to make an AR pistol.

    I believe they just call it a "receiver" on the paperwork. No rifle or pistol classification anymore. That is only if you are purchasing a stripped lower though.
     
    For ARs, how would they know if it started out as a pistol or a rifle?

    I'm going to do my paperwork tonight. Should I choose "bare receiver" or "pistol" on the form if I want to make an AR pistol.

    I believe they just call it a "receiver" on the paperwork. No rifle or pistol classification anymore. That is only if you are purchasing a stripped lower though.

    I picked up a lower (stripped) earlier this week.When I did the paper work I never thought about it (first build and in a hurry to get back to work).So when picked it up I asked how they put it through.The shop said they always just put it through as "rifle",Since that's what most people buy a lower for.Not blaming them,wish they would have asked though,next one I buy I'll specify pistol.
     

    NoFro

    Member
    Aug 24, 2010
    52
    Queen Anne's County
    How does this relate to MD transfers of pistols? For example, if someone had a 1911 pistol, then put a stock and 16 inch barrel on it to make it a (very ugly) rifle like Ive seen around the internet before, would they be able to sell it in MD as unregulated? Then the new purchaser could easily find a proper barrel and remove the stock?
     

    Markp

    Ultimate Member
    Dec 22, 2008
    9,392
    So in laymans terms:

    Say a GSG pistol is laying around, with extra GSG parts such as a stock.

    If the stock was attached to the GSG pistol, is legal?
    Then take the stock off, and restore the pistol back to it's orginal configuation, is legal?

    Just trying to clarify...

    Only if you have an approved form 1 OR a 16" barrel for that GSG.

    Mark
     

    Markp

    Ultimate Member
    Dec 22, 2008
    9,392
    How does this relate to MD transfers of pistols? For example, if someone had a 1911 pistol, then put a stock and 16 inch barrel on it to make it a (very ugly) rifle like Ive seen around the internet before, would they be able to sell it in MD as unregulated? Then the new purchaser could easily find a proper barrel and remove the stock?

    LMAO, essentially you could sell the rifle and "parts" together, because MD law is retarded... However if you were under 21, it could prove problematic.

    I think the ATF really stepped in it with this one... They now have made so many cool things possible... talk about unintended consequences.
     

    Markp

    Ultimate Member
    Dec 22, 2008
    9,392
    For ARs, how would they know if it started out as a pistol or a rifle?

    I'm going to do my paperwork tonight. Should I choose "bare receiver" or "pistol" on the form if I want to make an AR pistol.

    RECEIVER

    This makes it virgin territory...

    Mark

    PS - Also, remember, don't leave a stock on a pistol upper... Always remember to remove the pistol upper before putting a stock on folks... :)
     

    Markp

    Ultimate Member
    Dec 22, 2008
    9,392
    ifyou sell it to someone as a rifle it stays a rifle.

    Ummm No, that's NOT what the ATF said... The ATF was VERY specific and clear.

    ORIGINALLY assembled and produced, not subsequently sold as.

    Don't read things that are not there. Go read the ATF ruling.

    "Held further, a firearm, as defined by 26 U.S.C. 5845(a)(4), is made when a handgun or other weapon with an overall length of less than 26 inches, or a barrel or barrels of less than 16 inches in length, is assembled or produced from a weapon originally assembled or produced only as a rifle. Such weapons must be registered and are subject to all requirements of the NFA." (emphasis added)

    Mark
     

    hawxter996

    this avatar is offensive!
    Nov 11, 2008
    2,425
    at home
    Ummm No, that's NOT what the ATF said... The ATF was VERY specific and clear.

    ORIGINALLY assembled and produced, not subsequently sold as.

    Don't read things that are not there. Go read the ATF ruling.

    "Held further, a firearm, as defined by 26 U.S.C. 5845(a)(4), is made when a handgun or other weapon with an overall length of less than 26 inches, or a barrel or barrels of less than 16 inches in length, is assembled or produced from a weapon originally assembled or produced only as a rifle. Such weapons must be registered and are subject to all requirements of the NFA." (emphasis added)

    Mark



    doh!....brain fart!
     

    Markp

    Ultimate Member
    Dec 22, 2008
    9,392
    doh!....brain fart!

    I've done it too... I tried to go in the out gate at NNMC/The New Walter Reed yesterday... The petty officer was so not impressed... I was distracted and thought it was two lanes in, it was only one lane... OOPS!
     

    hawxter996

    this avatar is offensive!
    Nov 11, 2008
    2,425
    at home
    I've done it too... I tried to go in the out gate at NNMC/The New Walter Reed yesterday... The petty officer was so not impressed... I was distracted and thought it was two lanes in, it was only one lane... OOPS!


    worst part is i read it ,understood it and still goofed!:lol2:
     

    two_amen

    Member
    May 19, 2008
    42
    Double A's
    The big thing this does is allow the people who own T/C Encores and Contenders, and other like firearms, to buy a pistol frame and use it as a pistol or rifle at any time. Same for buying carbine conversion kits for pistols. Before, once you placed the carbine kit on a pistol you constructed a rifle from a pistol. Then it had to remain a rifle, because you could not legally convert a rifle to a pistol. Now you can convert a rifle back to a pistol, if it was originally classified a pistol when it was manufactured. Do not get confused and place the rifle stock on with a barrel under 16", because that is still constructing a short barreled rifle. Also watch out for you OAL when the stock is used.

    So now it is possible to take a Cobray m11 factory carbine stock and 16" barrel off and have a legal pistol? or were those classified as rifles from the start?
     

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