Quick lower question

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  • protegeV

    Ready to go
    Apr 3, 2011
    46,880
    TX
    I know the answer is here somewhere, but I can't find it.

    Have a couple of lowers that Im going to do Form1s on. In the meantime, can I build into a pistol/hbar and then convert to sbr when the stamp comes back?

    I know about the pistol before rifle thing as well.
     

    Melnic

    Ultimate Member
    MDS Supporter
    Dec 27, 2012
    15,432
    HoCo
    someone suggested it was a GOOD idea to do so anyway (build a pistol before SBR).
    He said, build a pistol with the upper, make sure it works well, then file Form1.
     

    Wayne1one

    gun aficionado
    Feb 13, 2011
    3,131
    Bowie, MD
    I know the answer is here somewhere, but I can't find it.

    Have a couple of lowers that Im going to do Form1s on. In the meantime, can I build into a pistol/hbar and then convert to sbr when the stamp comes back?

    I know about the pistol before rifle thing as well.
    No need for a HBAR on a pistol or your future SBR.
     

    Wayne1one

    gun aficionado
    Feb 13, 2011
    3,131
    Bowie, MD
    I know that. I meant interchanging a pistol upper or an hbar rifle upper before becoming an SBR.
    Shouldn't be any issue as long as it's a pistol, and it wouldn't be an issue once it becomes an SBR either. Swapping upper length wouldn't change the type of weapon (pistol v rifle).
     

    Wayne1one

    gun aficionado
    Feb 13, 2011
    3,131
    Bowie, MD
    I should add that you shouldn't use a barrel 16" or longer and keep, your OAL under 26". This will keep your pistol a pistol until you intend to form 1 it...
     

    protegeV

    Ready to go
    Apr 3, 2011
    46,880
    TX
    Shouldn't be any issue as long as it's a pistol, and it wouldn't be an issue once it becomes an SBR either. Swapping upper length wouldn't change the type of weapon (pistol v rifle).



    That's what I thought. Just wanted to confirm.
     

    protegeV

    Ready to go
    Apr 3, 2011
    46,880
    TX
    I should add that you shouldn't use a barrel 16" or longer and keep, your OAL under 26". This will keep your pistol a pistol until you intend to form 1 it...

    So, in other words, don't build it out as an hbar rifle then sbr it?
     

    Wayne1one

    gun aficionado
    Feb 13, 2011
    3,131
    Bowie, MD
    So, in other words, don't build it out as an hbar rifle then sbr it?
    No you can do that, just understand that if you put a 16" barrel or build it to 26" OAL you just turned your pistol into a rifle, which is fine, but you can't go back to a pistol again. So if you want to keep it short and compact, keep it as a pistol. If you want a longer barrel just make it a rifle and don't look back until you get your stamp.
     

    wbw2123

    Active Member
    Nov 19, 2012
    906
    So, in other words, don't build it out as an hbar rifle then sbr it?

    You can. It can be in any configuration before you file the form 1. When it is approved, you are making a new short barreled rifle. Prior configuration has no bearing.
     

    wbw2123

    Active Member
    Nov 19, 2012
    906
    No you can do that, just understand that if you put a 16" barrel or build it to 26" OAL you just turned your pistol into a rifle, which is fine, but you can't go back to a pistol again. So if you want to keep it short and compact, keep it as a pistol. If you want a longer barrel just make it a rifle and don't look back until you get your stamp.

    This is not the current atf interpretation. As long as you build it as a pistol first, you can switch between pistol and rifle configurations. Just make sure you take the stock off before returning g to a pistol upper.

    Eta, the lower must have been transferred as an other.
     

    protegeV

    Ready to go
    Apr 3, 2011
    46,880
    TX
    This is not the current atf interpretation. As long as you build it as a pistol first, you can switch between pistol and rifle configurations. Just make sure you take the stock off before returning g to a pistol upper.

    Eta, the lower must have been transferred as an other.

    That's what I thought I had read numerous times as well. My idea is to build it as a pistol with NO STOCK, using the upper that will be the final sbr configuration. But I can still throw an hbar rifle upper and stock on it after that if I want to, right?
     

    thai

    Active Member
    May 8, 2013
    598
    No you can do that, just understand that if you put a 16" barrel or build it to 26" OAL you just turned your pistol into a rifle, which is fine, but you can't go back to a pistol again. So if you want to keep it short and compact, keep it as a pistol. If you want a longer barrel just make it a rifle and don't look back until you get your stamp.

    I thought if the:
    Virgin lower-->pistol -->rifle -->pistol-->back and forth to infinity=OK
    Virgin lower -->rifle ***Stop*** illegal to make into pistol

    Is this not the case?
     

    Wayne1one

    gun aficionado
    Feb 13, 2011
    3,131
    Bowie, MD


    I thought if the:
    Virgin lower-->pistol -->rifle -->pistol-->back and forth to infinity=OK
    Virgin lower -->rifle ***Stop*** illegal to make into pistol

    Is this not the case?
    Yeah, I was going on the ole once a rifle always a rifle, but I don't know how I either missed it or wasn't paying attention to the 2011 ATF ruling that allows you to go back and forth.
     

    wbw2123

    Active Member
    Nov 19, 2012
    906
    It's understandable. When everything is open to opinion and interpretation who knows what the right answer is. I'm also a member over at weaponsguild and there is a entire subforum dedicated to clarification and approval letters.

    Best thing to remember is never poke the bear. Don't ask the ATF a question without first asking the firearms community for the current ruling. Some people have really effed things up in the past by asking for an already reviewed clarification and getting a more restrictive opinion.
     

    wbw2123

    Active Member
    Nov 19, 2012
    906
    The sig brace is the most recent example of screwing up a perfectly good thing by asking for clarification. If no one would have asked again, the ruling would have stood... but I digress
     

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