SBR Question

[KC.45]

I have sent in a form 1 to the ATF for a 10.5" SBR I plan on building. The reciever I bought was a stripped spikes tactical and was planning on running it in pistol configuration until my stamp arrives. My question is do I have to buy a "pistol" buffer tube that is not capable of accepting a stock or can I buy a mil spec 6 position buffer tube and just not buy the actual stock until my stamp arrives? I hate to buy a pistol buffer tube i'll only need for a few months than never use again. Thanks for the help.

 

[bkjeffrey]

I believe that the "pistol" cannot be "readily converted" to a rifle. I believe that a rifle buffer tube would make the gun capable of being readily coverted to a rifle. Sure that a more knowledgeable member will verify this though. Just my limited .02.

 

[nalioth]

I believe that the "pistol" cannot be "readily converted" to a rifle. I believe that a rifle buffer tube would make the gun capable of being readily coverted to a rifle. Sure that a more knowledgeable member will verify this though. Just my limited .02.

If he doesn't have a stock that'll fit, it isn't going to be "readily converted", is it?

 

[Dravur]

Well, if you put on a 6 pos stock buffer tube and you don't have a stock that would fit that, of any type on any other rifles, you MIGHT get away with that with the ATF. If you were to be using it somewhere and there were other rifles around with a carbine stock that you could conceivably take off and readily put on your 10.5" then you would have "constructive" use. I know constructive use means something specific, jsut using it here to make this point.

But, do you really want to be the test case over a $40 tube?

 

[TexasRifleman]

My personal feeling is that I would buy the dedicated pistol tube rather than run any risk.

This is ATF, the group that made owning a shoestring a felony. Not a group you want to push the boundaries with unfortunately.

 

[nalioth]

My personal feeling is that I would buy the dedicated pistol tube rather than run any risk.

This is ATF, the group that made owning a shoestring a felony. Not a group you want to push the boundaries with unfortunately.

If they want you, they're gonna get you. They are no strangers to perjury or other underhanded methods.

"Constructive possession" is the great internet bugagoo:
http://thehighroad.org/showthread.php?p=2923641&highlight=constructive#post2923641
http://thehighroad.org/showthread.php?p=3041826&highlight=constructive#post3041826
http://thehighroad.org/showthread.php?p=3824770&highlight=constructive#post3824770

If he ain't got a stock, it can't be "readily converted". If'n he had a CAR-15 laying around, dismantling the stock on it to stick it on his soon-to-be-SBR doesn't seem to fit the "readily converted" definition to me, either.

 

[KC.45]

I absolutely do not want to be the test case for whatever reason. I figured it would be easier to nail down and there would be a specific yes or no answer. Since its a grey zone I will without a doubt just buy the pistol buffer tube. Better safe than sorry.

 

[PTK]

There is a simple yes/no answer - don't buy something that can be used illegally or might be viewed as such by the BATFE.

You made a good choice by going with the pistol buffer tube. Saving $40 will seem quite expensive if you were to sit inside Federal prison for a decade.

 

[nalioth]

There is a simple yes/no answer - don't buy something that can be used illegally or might be viewed as such by the BATFE.

So, no more alcohol, tobacco or firearms, eh?

 

[wildman6809]

i think for this still to be legal the reciever has to be stamped for a pistol or the reciever must have been sold to you as a pistol and never assembled as a rifle before. this is just the way that i understand it.

 

[Sam1911]

i think for this still to be legal the reciever has to be stamped for a pistol

Receivers aren't stamped for anything but a maker's name and a serial number.

or the reciever must have been sold to you as a pistol

A stripped receiver would be transferred as an "other firearm." You can make it into a rifle or pistol at your whim.

and never assembled as a rifle before.

That part is correct. Once a rifle, always a rifle (Title I) or a "firearm made from a rifle" (Title II).

 

[KC.45]

As noted, my receiver was bought stripped and was transfored as an "other firearm" and thus is legal to run as a pistol until my stamp arrives.

 

[wildman6809]

i did something similar when i purchased my sbr. at the same time i purchased a new stripped lower. i was told that there was indeed a difference between pistol and rifle lowers but the one that i purchased had never been built up so they could sell it to me as a pistol and they did. i did this so that i could build my upper before my paperwork came back because of the other guns that i have. maybe i had some bad info or maybe something has changed but this is the way mine went.

 

[nalioth]

i did something similar when i purchased my sbr. at the same time i purchased a new stripped lower. i was told that there was indeed a difference between pistol and rifle lowers but the one that i purchased had never been built up so they could sell it to me as a pistol and they did. i did this so that i could build my upper before my paperwork came back because of the other guns that i have. maybe i had some bad info or maybe something has changed but this is the way mine went.

You either transferred your item more than a year or so ago, or your transfer agent is living in the past.

The ATF changed the forms a year or so ago to reflect "long gun", "hand gun" and "other".