80% build question

[eARl]

I have built several several rifles with a 16" barrel, but want to build something different. Can I build a rifle with a 10.5" barrel with a collapsible stock legaly as long as the total length is 29" from extended stock to muzzle. Sorry if this has been beaten to death, just trying to obey the law!

 

[Sundazes]

You would need to register it as a SBR with the ATF. Form 1, $200 tax and 7 to 8 month wait. Don't get the upper until you have the stamp. Look in the NFA/Class3 forum for a ton on info on this.
I would not use an 80% for a SBR. Use one of the other lowers you have already registered with the state. You would be breaking a ton of laws if you built that lower (or any lower) in to a rifle config with a 10 inch barrel without going the NFA route.
You can however build a pistol out of with no issues. Just make sure you don't have a rifle stock on it.
IANAL

 

[eARl]

Sundazes, thanks for the reply. Wouldn't the rifle not be considered a sbr, if the total length was 29" or above? I might go the pistol route, but would rather have a stock.

 

[5.56blaster]

Using an 80% lower is fine. You are the manufacture. When you submit the Form 1 you will provide a serial number, name and address info. The feds don't care if the lower is factory or 80% you are manufacturing an new firearm. In fact I like the idea of using an 80% lower it lets you really build the firearm. When you get the Form 1 back have all the info engraved on the lower and your good to go. Good luck!

 

[5.56blaster]

Sundazes, thanks for the reply. Wouldn't the rifle not be considered a sbr, if the total length was 29" or above? I might go the pistol route, but would rather have a stock.

The barrel MUST be 16" or longer on a rifle! Anything less is an NFA firearm. A pistol can be any length.

 

[eARl]

Ok, now I get it. Thanks blaster!

 

[lazarus]

Ok, now I get it. Thanks blaster!

The 29" OAL is that Maryland doesn't let you own a rifle or less than 29" PERIOD. ATF doesn't care what the OAL is if it is a registered SBR, but if the barrel is less than 16", it is considered a short barrel rifle and must be registered with the ATF.

So in Maryland you could build a 10.5" barreled AR-15, but it must be registered with the ATF as an SBR and the tax stamp has to be purchased. With the stock in the fully extended position it must have an overall length of 29" or longer to own it in Maryland.

I can't recall with a standard M4 stock how long an AR-15 would be with a 10.5" barrel and no muzzle device, but I think you'd be over the minimum length. 8.5" you'd need a muzzle device to hit 29" IIRC.

I would not build an 80% in to a tax stamp required firearm (SBR or AOW). You'll have to have it serialized to be registered with the ATF anyway, hassles, etc. I'd do it on a regular lower if you were going to.

 

[Doobie]

The barrel MUST be 16" or longer on a rifle! Anything less is an NFA firearm. A pistol can be any length.

Sorry for hi jacking, just wanna get this straight. I can build an AR pistol with a 16" barrel, correct? To be a pistol it just needs a pistol buffer tube or a buffer tube in which a stock is not or cannot be attached?
Sorry for the intrusion and thank you for any advice

 

[teratos]

Sorry for hi jacking, just wanna get this straight. I can build an AR pistol with a 16" barrel, correct? To be a pistol it just needs a pistol buffer tube or a buffer tube in which a stock is not or cannot be attached?
Sorry for the intrusion and thank you for any advice

Correct.

 

[Doobie]

Correct.

Awesome
Thank you sir

 

[lazarus]

And it can't have a vertical forward grip. If it does it is classified as an AOW or any other weapon and it has to have a tax stamp. I think only $10, but still NFA restrictions and wait time.

Also I think that may be banned under Maryland law (pistols are with a vertical forward grip are considered copy cat guns).

A rifle may have a vertical forward grip and is legal in Maryland and is not considered an AOW.

 

[Pinecone]

Sundazes, thanks for the reply. Wouldn't the rifle not be considered a sbr, if the total length was 29" or above? I might go the pistol route, but would rather have a stock.

Overall length does not matter in determining if it is an SBR. If the barrel is shorter than 16" and it has a shoulder stock, it IS an SBR according to Federal law.

In Maryland, now, it must be at least 29" to be a legal rifle, even if it is an SBR (at least for now).

 

[5.56blaster]

And it can't have a vertical forward grip. If it does it is classified as an AOW or any other weapon and it has to have a tax stamp. I think only $10, but still NFA restrictions and wait time.

Also I think that may be banned under Maryland law (pistols are with a vertical forward grip are considered copy cat guns).

A rifle may have a vertical forward grip and is legal in Maryland and is not considered an AOW.

$5.00 stamp. But I think its still $200 to do the form 1 to build it. I think. Maybe.

 

[Biggfoot44]

#1 - OAL does matter to the ATF. Somthing with a shoulder stock is an SBR if the bbl is less than 16 inches OR oal is less than 26 inches . Yes there is a never-neverland zone of less than 29, but more than 26 inch OAL that is Federal Legal, but Md illegal . And additional psa, the Md 29 inch thing only applies to centerfire semiautos. Rimfires of any flavor, or center fire bolt, lever, pump, break open, single shot, etc doesn't matter.

#2 - The vertical foregrip thing only applies to actual pistols. For a ( modern thing that goes bang, and does not have buttstock ) that is greater than 26in OAL is NOT a pistol, it is an "Other firearm" , and may utilize a vertical foregrip.

 

[eARl]

Can I put a magpul vfg on a pistol? I think I have read that the atf does not consider it a foregrip, as it is angled and not verticle.

 

[dreadpirate]

Can I put a magpul vfg on a pistol? I think I have read that the atf does not consider it a foregrip, as it is angled and not verticle.

I think it has to be a horizontal grip (like the magpul angled grip) in order to be compliant. For example:

http://www.officerstore.com/store/p...r6In4C9xRF-iUuMDanwMJihY5-w6No4QCgaAtEV8P8HAQ

 

[eARl]

My pistol has to be 29" long from end of barrel to end of buffer tube to be a maryland legal pistol? If I am in another state over 26" is a legal pistol? This is really confusing!!!

 

[Hawkeye]

My pistol has to be 29" long from end of barrel to end of buffer tube to be a maryland legal pistol? If I am in another state over 26" is a legal pistol? This is really confusing!!!

No.

There is no OAL requirement for pistols in MD. Only for Rifles.

 

[eARl]

No.

There is no OAL requirement for pistols in MD. Only for Rifles.

OK thanks, that's great. Are folding stocks legal on ar pistols?

 

[Fox123]

OK thanks, that's great. Are folding stocks legal on ar pistols?

If you put a stock on it's not a pistol anymore.