Questions for a pair of AR builds

[TanklessPro]

I think this belongs in General even though it about rifles,pistols and compliance

I have a few questions about building a couple of AR's at the same time. I'm wanting to build a set made of a rifle an pistol at the same. I may convert the pistol to an SBR later.
1. Buying new lowers, does it matter choosing a lower? IE pistol lowers
2. Thinking about buying from a small local shop(only in business 2 years,but seem to be good guys)They make their own billet receivers, how do you check to see if they are "spec"?
3. I want to build a pistol and a rifle at the same time. When I order parts, I will be ordering for both at the same time. Do you see an order of purchases that could possibly get me out of compliance of the law?
4. Should I just build two rifles?

 

[Arizona_Mike]

If your are building, the virgin receiver is a "Firearm" not a pistol or rifle. If your are worried about even a weak accusation of constructive possession, never mount the rifle upper on one* of them and buy the short barrel last.

*-depending on whether the "first a rifle, always a rifle" rule actually applies when it is a non-rifle "firearm" first or with no transfer ever occurring as a rifle. There are divided opinions on this but I assume it does to play it safe (actually I assume the ATF may assume so regardless of the statute).

I my case where I SBRed a pistol and a rifle, I did my barrel work on the rifle while the lower was in a safety deposit box and then put my barrels in the safety deposit box and removed the lower while waiting for my stamp. In the case of the pistol, I did the same with the stock adapter.

The ATF fought the Supreme Court ruling in the Thompson Contender case for many years and suddenly embraced it in 2011. Their official position on constructive possession is now:

A firearm, as defined by the National Firearms Act (NFA), 26 U.S.C. m5845(a)(3), is made when unassembled parts are placed in close proximity in such a way that they:
(a) serve no useful purpose other than to make a rifle having a barrel or barrels of less than 16 inches in length; or
(b) convert a complete weapon into such an NFA firearm.

It just occurred to me that the best option is to buy/build the pistol upper first, then slap it on both lowers making them both pistols. You can then go pistol-to-rifle or back all you want.

Mike

 

[Quentin]

Normally a stripped AR lower isn't sold as a pistol or rifle, the checkbox other is selected. Once you build it up it becomes a rifle or pistol so choose which is which and don't change your mind after you commit.

Billet lowers usually are compatible with milspec uppers but they can't be considered milspec themselves, though all the important specs are compatible. Of course there can be bad apples in the billet barrel so find out who actually is manufacturing them and if they're competent.

 

[mac66]

To answer your questions...

1. No

2. Have the shop you want to buy from show you their lowers hooked up to an upper and with a mag inserted. If everything is lined up and works it is probably fine. The nice thing about buying local is they should take care of you if there is a problem.

3. Parts is parts, just get what you need for both.

4. I bought two lowers that were sequentially numbered and made one a rifle and one a pistol. No big deal with them as long as the pistol one hasn't been been made into a rifle first.

In my state you have to register pistols so that takes the confusion out of which is which. I don't know about your state but you can always tag/mark the one intended to be a pistol so you don't get them mixed up.

BTW, constructive intent only applies to full auto parts. As long as you don't flagrantly violate the law and post videos doing so on youtube you are ok with owning any lowers, parts, uppers etc.

 

[wally]

Normally a stripped AR lower isn't sold as a pistol or rifle, the checkbox other is selected.

Currently correct. But up until a few years ago, at least around here, (about when the 4473 changed and stopped being yellow) if you bought a stripped lower the dealer asked rifle or pistol and that was what you had.