Skylerbone - just to be clear, if I build out my AR lower (bought back in the dark days possible President Clinton part deux) as a pistol, then later I can snap it to an AR rifle and it's still a pistol?
How exactly does that work? How do I make sure it never becomes a rifle? Or worse yet an untaxed SBR?
@MistWolf,
@GunnyUSMC,
@Varminterror are a few of the guys who did the ‘splainen for me when I had questions on these issues and hopefully if I screw it up or mire it with incomprehensible babble they’ll jump in and rescue it. Here goes:
Example 1. You buy a stripped lower, the “firearm” portion of an AR which requires a 4473. Your FFL marks the transfer down as “Other”. You complete your lower build. NOW...until the moment you pin an upper on it, it is still an “Other” and you are fine.
Example 2. You purchase a complete lower and it comes with a carbine receiver extension and rifle buttstock already attached. Your FFL marks the transfer down as “Other”. AGAIN...until you pin an upper on it, it is still an “Other” and you are fine.
Here’s where your “Other” becomes what it will forever be:
Example 1. You purchase a pistol upper and, using a bare receiver extension or a brace, you pin it to your lower and have built a Pistol.
Example 2. You purchase a rifle upper, and pin it to your lower and have built a Rifle. Or: you remove the rifle buttstock, purchase a pistol upper, pin it to the lower (without the buttstock) and have built a Pistol. Or: you purchase a pistol upper and wish to keep the rifle buttstock in place but must first have permission as pinning them creates an SBR, but a rifle none the less.
Now returning to the first scenario, of building a pistol; let’s say next week you purchase a rifle length upper and buttstock. You MAY unpin the Pistol upper and pin the rifle upper and add your stock. Now you have “Configured” your Pistol as a Rifle and are still legal. Now for the important part: you decide you want to shoot the pistol upper instead and so you MUST remove the rifle stock BEFORE pinning the pistol upper back on otherwise you will have an illegal SBR. So long as the combination of pistol upper with rifle stock never exists you are legal and may otherwise switch uppers as often as you see fit.
The above gentlemen also suggested an initial picture of the build in its original “Pistol” configuration should it ever be necessary to provide evidence of the starting firearm. I documented my build here at THR as well. My first completed lower was intended to be a rifle and I did not have the above information at the time. So, naturally to check function I pinned it to a rifle upper and it is now forever a rifle despite never having taken it to the range. At some point I’ll buy it a companion rifle upper but for now it’s tucked away in the safe.
A final note on the above: you could still be prosecuted for having an SBR IF: you have all materials to build one and no completed “Pistol” lower. In layman’s terms, if you only own 1 AR that was transferred as “Rifle” on the 4473 DO NOT buy a pistol length (under 16”) upper or barrel and leave these two parts in close proximity. That can be construed as intent to build an illegal SBR.
Hopefully I got that all correct and it made sense.