Pistol buffer tube on SBR build while waiting for stamp?

[Uncle Malice]

So I've been doing a lot of research the past couple days since I finally received my complete 10.5" side charger upper from ASA in preparation for my build. I also have the lower basically complete at this point too...

From what I have been able to research, it looks like it would be perfectly legal for me to put a pistol buffer tube onto my lower and use the gun as a pistol AR while I wait for my stamp.

The lower was purchased as a virgin, stripped lower, so it was not sold as a rifle... according to the research I have done, there is nothing wrong with setting this up as a pistol (I thought that I had heard that a pistol ar had to be registered as such, but upon further investigation, if it's a custom build, there is no requirement so long as you do not violate NFA rules).


Has anyone else done this? It seems like it would be a great way for me to start enjoying my $2,000+ investment right away while I wait the 4-5 months for my stamp to come back.

Cheers!

 

[rjrivero]

Lots of folks will build a pistol first. When the stamp comes back, then put a buffer tube with a butt stock on it.

However, if you already have all the parts, you may be in constructive possession of a short barrel rifle. Just be careful with that little caveat.

 

[Ridge_Runner_5]

Technically if the lower receiver wasn't marked as a pistol or receiver on the 4473 you and the dealer filled out, than it can still be considered an SBR.

But, the ATF wouldn't have any reason to check that as long as you don't go and do something stupid...

 

[Uncle Malice]

Technically if the lower receiver wasn't marked as a pistol or receiver on the 4473 you and the dealer filled out, than it can still be considered an SBR.

That's what I thought too... but according to everything I've found, including Mr. Celedonio from the Harrisburg office of the BATFE, seems to refute that.

According to him, the lower receiver does not need to have any special engraving on it for building a pistol. It is already serial numbered and that number is on the FFL's books. It doesn't matter if you build a pistol or a rifle at that point.

You do not need to have a letter of certification from the manufacturer stating that it is for a pistol because of the generic nature of AR lowers. The only time you have to engrave the lower is if you are making a SBR.

He goes on to say that the BATFE realizes that people like to change their AR's into different configurations and there is not a problem with that as long as they meet all the regs.

This would be different, obviously, if I purchased a complete AR that was recorded as a rifle on the books, then wanted to put a short upper and a pistol buffer on it... but when you buy a stripped lower, it can be used for whatever you want... at least this is what I'm getting from all the other people who have researched this.

 

[rjrivero]

Technically if the lower receiver wasn't marked as a pistol or receiver on the 4473 you and the dealer filled out, than it can still be considered an SBR.

Technically if the receiver, stripped or otherwise, was transferred as anything but "other" on a 4473, then your 4473 was WRONG.

A receiver, stripped, or otherwise, does not constitute a "rifle" nor does it constitute a "pistol." It is a receiver. You can build it into any configuration you want to. Even if it came as a complete receiver with a butt stock on it, as long as you didn't assemble it as a rifle FIRST, you can build it into a pistol without concern about building an illegal sbr.

The receiver does NOT need to be engraved or marked as a "pistol."