AR lower build...pistol or SBR?

OLM-Medic · Oct 7, 2017

I have a stripped lower.

If I were to build it with a buffer tube only (no stock) and attach a 8" upper, is it an AR pistol or an SBR that would need a stamp?

I'm leery of the legality since although I'd keep it in pistol configuration, the receiver isn't purchased as a pistol.

Has anyone seen an official ATF letter on this?

Pinecone · Oct 7, 2017

Pistol.

SBR is shorter than 16" barrel AND a butt stock.

Lower needed to be transfered as Other, or Pistol, NOT as Rifle.

OLM-Medic · Oct 7, 2017

So basically I have to make sure the lower wasn't classified as a rifle when purchased?

I remember my FFL told me it can't be listed as a pistol, but I think he said it was listed as other.

outrider58 · Oct 7, 2017

OLM-Medic said:
I have a stripped lower.

If I were to build it with a buffer tube only (no stock) and attach a 8" upper, is it an AR pistol or an SBR that would need a stamp?

I'm leery of the legality since although I'd keep it in pistol configuration, the receiver isn't purchased as a pistol.

Has anyone seen an official ATF letter on this?

If you just purchased this lower, it by all accounts, should have been transferred as "other", not rifle, not pistol. If that is the case, your proposed build will be a legal pistol. No HQL required.

Sticky · Oct 7, 2017

OLM-Medic said:
So basically I have to make sure the lower wasn't classified as a rifle when purchased?

I remember my FFL told me it can't be listed as a pistol, but I think he said it was listed as other.

Correct.. and if you start it out as a pistol, it can be converted back and forth between rifle and pistol, but if you build it as a rifle, it cannot later become a pistol (against the law).

Many of us use pistol specific buffer tubes for pistol builds, to eliminate the issue with a standard carbine buffer tube that 'could' be fitted with a stock, as many of us also own AR carbines with removable stocks.

3paul10 · Oct 7, 2017

Certainly use a pistol only buffer tube.

Squaregrouper · Oct 7, 2017

With Maryland's "new" minimum 29" OAL law, I don't see a point in SBR'ing anything in this state anymore.
I will only get tax stamps for suppressors until I'm living in America again.

CharlieFoxtrot · Oct 8, 2017

squaregrouper said:
With Maryland's "new" minimum 29" OAL law, I don't see a point in SBR'ing anything in this state anymore.
I will only get tax stamps for suppressors until I'm living in America again.

outrider58 · Oct 8, 2017

squaregrouper said:
With Maryland's "new" minimum 29" OAL law, I don't see a point in SBR'ing anything in this state anymore.
I will only get tax stamps for suppressors until I'm living in America again.

You can always shorten them when you free yourself from this hell-whole.

Meanwhile, my 9mm will stay a pistol til I get sprung.

Rob R. · Oct 8, 2017

squaregrouper said:
With Maryland's "new" minimum 29" OAL law, I don't see a point in SBR'ing anything in this state anymore.
I will only get tax stamps for suppressors until I'm living in America again.

This!!

With the open letter from the ATF about shouldering braces it makes a pistol seem way more appealing now.
I would hate to have to ask the ATF's permission everytime I cross state lines because I wanted a little rubber pad on a stock

yakfish · Oct 8, 2017

I'm building EVERY current and future stripped lower as a pistol first, including photo documentation of it. Might even look into marking them as pistols, too.

No reason not to. Far more versatility with a pistol. No minimum length requirements, no HBAR nonsense, and can change configuration from a pistol to a rifle and back again (thanks to established precedent with those carbine kits for Glocks and 1911's, and the original T/C ruling).

There is no downside to building as a pistol except it eliminates FTF private sales. But I don't sell off guns, so that isn't a concern. Others might take issue with it.

DevinRPD · Oct 12, 2017

working on a building a 2nd upper for my pistol lower that will make it "firearm" with OAL being more than 26 inches which allows a foregrip to be attached. i really dont see the point of doing a form 4 when these new 'cheek braces' are just as good as a regular stock

outrider58 · Oct 12, 2017

yakfish said:
I'm building EVERY current and future stripped lower as a pistol first, including photo documentation of it. Might even look into marking them as pistols, too.

No reason not to. Far more versatility with a pistol. No minimum length requirements, no HBAR nonsense, and can change configuration from a pistol to a rifle and back again (thanks to established precedent with those carbine kits for Glocks and 1911's, and the original T/C ruling).

There is no downside to building as a pistol except it eliminates FTF private sales. But I don't sell off guns, so that isn't a concern. Others might take issue with it.

I have been preaching this for a while. :thumbsup:

d33rhunt3r · Oct 13, 2017

Other nice thing about pistols is you don't have to file for interstate transport like you would with SBRs

Sharpeneddark · Oct 23, 2017

yakfish said:
I'm building EVERY current and future stripped lower as a pistol first, including photo documentation of it. Might even look into marking them as pistols, too.

No reason not to. Far more versatility with a pistol. No minimum length requirements, no HBAR nonsense, and can change configuration from a pistol to a rifle and back again (thanks to established precedent with those carbine kits for Glocks and 1911's, and the original T/C ruling).

There is no downside to building as a pistol except it eliminates FTF private sales. But I don't sell off guns, so that isn't a concern. Others might take issue with it.

Just an FYI: The HBar requirement is thrown out for anything other than 16"+ AR-15s chambered in 5.56/.223. Change that barrel to a 16" .300 BLK? Can be normal M4 profile. .308 AR-10s? Cash/carry with normal profile. SBR 5.56/.223? Any profile you want, so long as it is 10.5"-15.9" long. Because the law specifies AR-15 rifles, not AR-15 pistols and MD considers SBRs to be pistols.

The FSA is so f'ing stupid.

swinokur · Oct 23, 2017

deleted

aklax11 · Oct 23, 2017

+1 on the pistol. I used a SB tactical SBV brace myself

AR lower build...pistol or SBR?

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