10/22 stripped receiver AOW?

[737Driver]

I am thinking of adding another SBR to the mix and instead of starting with a 10/22 or a charger I was thinking it would be fun to do an AOW off of a nodak spud or tactical solutions stripped upper with a custom bolt, tac sol mag realease and a timney trigger pac and a charger barrel. Am I correct in thinking this would be an AOW since its a stripped receiver and therefore neither a pistol or rifle? Or would it still be an SBR regardless?

 

[Sam1911]

If you're buying a bare "virgin" receiver, and you're making a "concealable" firearm out of it (under 26" and/or under 16" RIFLED barrel) then you've just made a Title I handgun.

The AOW definition that covers such things is when the weapon you want to make is a smoothbore to fire common shot shells.

If you made a rifled or smoothbore stockless firearm that is over 26" OAL, that's a Title I "Other Firearm," which is not the same thing as a NFA Title II "Any Other Weapon."

If you put a stock on any of these, then you get into Title I or Title II rifle and shotgun categories, depending on barrel length and OAL.

 

[Prince Yamato]

If you're adding a vertical handguard to a pistol, you're making an aow. I think it would make more sense to register as an sbr though, as the tax for doing a form 1 is $200 regardless.

 

[MasterSergeantA]

I am thinking of adding another SBR to the mix and instead of starting with a 10/22 or a charger I was thinking it would be fun to do an AOW off of a nodak spud or tactical solutions stripped upper with a custom bolt, tac sol mag realease and a timney trigger pac and a charger barrel. Am I correct in thinking this would be an AOW since its a stripped receiver and therefore neither a pistol or rifle? Or would it still be an SBR regardless?

No. The stripped receiver is just that...a stripped receiver. It would be listed on the 4473 when transferred to you as "other" and a "receiver". That does NOT make it "Any Other Weapon", despite use of the 'o' word. If you put a barrel less than 16" on it, you may not put a rifle stock on it and call it a rifle; it becomes a pistol, and requires a pistol stock. If you put a barrel longer than 16" on it, you can put whatever stock you please, but it you put a rifle stock on it, it is a rifle and remains so. With me so far? Make sense? Probably not. Thank the BATFE.

 

[Sam1911]

...but it you put a rifle stock on it, it is a rifle and remains so. With me so far? Make sense? Probably not. Thank the BATFE.

Well, thanks to the ruling last year, a firarm that is constructed as a handgun may be converted to a rifle and back again, so the "once a rifle, always a rifle" rule is no more!

Now, building it as an SBR makes a whale of a lot of sense, because you can then configure it however you'd like. Rifle, SBR, handgun, "other" -- all good to go with the one tax stamp.

 

[dogtown tom]

MasterSergeantA Quote:

Originally Posted by 737Driver
I am thinking of adding another SBR to the mix and instead of starting with a 10/22 or a charger I was thinking it would be fun to do an AOW off of a nodak spud or tactical solutions stripped upper with a custom bolt, tac sol mag realease and a timney trigger pac and a charger barrel. Am I correct in thinking this would be an AOW since its a stripped receiver and therefore neither a pistol or rifle? Or would it still be an SBR regardless?

No. The stripped receiver is just that...a stripped receiver. It would be listed on the 4473 when transferred to you as "other" and a "receiver". That does NOT make it "Any Other Weapon", despite use of the 'o' word. If you put a barrel less than 16" on it, you may not put a rifle stock on it and call it a rifle; it becomes a pistol, and requires a pistol stock. If you put a barrel longer than 16" on it, you can put whatever stock you please, but it you put a rifle stock on it, it is a rifle and remains so. With me so far? Make sense? Probably not. Thank the BATFE.

It WOULD be an AOW if he placed a vertical forward grip on the pistol he made from that stripped receiver. The OP would pay a $200 tax stamp for manufacturing an AOW.

Or he could build an SBR for the same $200 tax stamp and be faaaar more flexible with what he could do with that gun.

While an AOW is a $5 transfer vs SBR at $200..........to manufacture either is $200.

 

[737Driver]

Ok thanks guys, that cleared up my question on building from a virgin receiver. I have built PPS43C and a gsg5 pistol into SBRs on form 1s so I will go this route again if I decide on this project too. It would definitely be an SBR when I am done, 10" threaded barrel and a Folding stock.

 

[MasterSergeantA]

You might want to check the receivers that Tactical Innovations offers as well.

 

[rjrivero]

Well, thanks to the ruling last year, a firarm that is constructed as a handgun may be converted to a rifle and back again, so the "once a rifle, always a rifle" rule is no more!

Now, building it as an SBR makes a whale of a lot of sense, because you can then configure it however you'd like. Rifle, SBR, handgun, "other" -- all good to go with the one tax stamp.

Per that letter (2011-4) It seems that you MUST make the stripped receiver into a pistol first, then you are free to convert it to a Title 1 rifle and back to a pistol as you see fit.

Are you reading that the same way?

 

[Sam1911]

Well...probably so. How in the world they'd ever set out to prove one way or another I can't imagine, but yes, I think you're right.

 

[rjrivero]

How in the world they'd ever set out to prove one way or another I can't imagine, but yes, I think you're right.

I recommend taking a picture of the pistol build on today's newspaper as a back ground. That way if it ever becomes an issue, you have PROOF it was a pistol FIRST. The .gov would have to prove otherwise.

 

[lead slinger]

I recommend taking a picture of the pistol build on today's newspaper as a back ground. That way if it ever becomes an issue, you have PROOF it was a pistol FIRST. The .gov would have to prove otherwise.

That's a good idea

 

[crazy-mp]

If you do decide to go the SBR route have a 2" barrel cut or threaded that way you can also have any length you want, some people will argue the "original configuration" but if Barney pulls you over and your form says 10" and you have a 4" barrel on there.

Just something else to think about...

 

[rjrivero]

If you do decide to go the SBR route have a 2" barrel cut or threaded that way you can also have any length you want, some people will argue the "original configuration" but if Barney pulls you over and your form says 10" and you have a 4" barrel on there.

Doesn't matter. Temporary changes are allowed. You can make the firearm with any length barrel you want, temporarily, as long as you can return it to the configuration on the form, it makes no difference. If you ever want to make a permanent change, you just write a letter and send it to the ATF. Your Form 1 will remain the same.

 

[crazy-mp]

Why would you write a letter? The ATF recommends written notification but does not require it.