Receiver blank build - when does it become a rifle?

[carguychris]

For instance, a stripped Mauser receiver pulled from a once complete Mauser is a rifle. According to ATF, once it is a rifle, it is always a rifle and can not be built into a pistol. Putting a short barrel on it results in an SBR instead of a pistol.

The catchphrase is best stated as "FIRST a rifle, always a rifle."

A pistol can be made into a rifle, which is why Mechtech C.C.U. Glock/1911 rifle uppers are legal, along with the Beretta Neos carbine kit (although it's widely thought that the Neos kit was discontinued because it can be easily assembled into an SBR, but I digress).

The issue with Mausers is that (almost?) every known Mauser receiver* arrived in the USA as part of a rifle, and proving otherwise is basically an impossible task given that the original Mauser company effectively ceased to exist in 1945, and many of their records have been lost.

You can't just designate a lower as a rifle because it doesn't have a rifled barrel of 16" or more and isn't designed to be fired from the shoulder.

Basically correct, although you forgot that it also must have an overall length of 26" or longer.

*[Edit to add footnote: I've assumed we're discussing Mauser rifles, not Mauser pistols such as the C96, 1910 series, and HSc.]

 

[peggysue]

If it legal (SIC) your state and you are not a fellon one can build a firearm from a 80% reciever. Only you can never sell it or give it away.

 

[carguychris]

If it is leagle [sic] in your state and you are not a fellon [sic] one can build a firearm from a 80% reciever.

In the initial paragraph of this thread, the OP ruled this out due to the difficulty of properly forming and welding a G3 receiver flat.

IOW I believe he's well aware of the facts you brought up, but the issue is that he doesn't WANT to build a G3 receiver from an 80% flat, so he's seeking alternative options.

 

[Metal god]

Metal god, it appears that the document you showed us is a CA-specific document. What does the 4473 for that same receiver call it? What I get out of your thread on Calguns is that there's a disconnect between the federal 4473 and the CA DROS form.

Yes I believe all of that to be correct here in CA . My thread at Calguns is not getting the interest I hoped for . How ever it appears that that the FFL dealer checks the "other" box on the 4473 form and checks the rifle box on the separate CA dealers record of sale form ( DROS ) No one understands how CA can claim a stripped receiver can be designated as rifle because by legal definition it is not .

I would like to take the chance once again to apologize to the OP for the semi hi-jack of his thread . I will no longer post here and end with

THIS THREAD IS NOT ABOUT STRIPPED AR LOWERS Please don't answer any of my questions or thoughts on this matter .

Thanks metal

 

[Tom Servo]

If it is leagle in your state and you are not a fellon one can build a firearm from a 80% reciever. Only you can never sell it or give it away.

That's not true. You can make your own personal firearm. You can even sell it.

The line is crossed if you are in the business of manufacturing for resale. That line is a bit fuzzy, but if it's only done once or twice, it's unlikely to trigger scrutiny.