Pistol becomes rifle becomes pistol... legal?

[steviesterno]

Hey all,

I heard that there is a new ATF ruling of some sort, and if you have a "registered" pistol AR lower (transferred on a form, not a casual FTF) you can build it into a pistol (with no stock).

Then you can put a 16+" upper on it and a stock and be good to go as a rifle. Is this true?

I also heard you could then switch back to a shorty upper after you take the stock off.
Is this true?

I already have a full out SBR, but also a pistol lower and more than one upper. Just wondering if this is the case, and if so, where are the actual rules saying so?

Anybody else do this, or is it just worth it to buy an extra rifle lower and never switch around?

Thanks

[PaBimmerGuy]

i read about that someplace not long ago. there is now no longer a prohibition on putting a gun back into its original pistol configuration.

i have a feeling that this came about as a result of the increased sales of carbine kits for pistols.

found the atf letter

http://www.atf.gov/regulations-rulin...ing-2011-4.pdf

this is new ruling. i have a letter from atf dated may 2010 that this activity was illegal. the times they are a-changin.

[steviesterno]

Hmm,

I totally don't speak lawyer. But it sounds like we are good to go as long as we don't make it an illegal configuration (short upper while the stock is on).

Does that sound right?

[Vrez]

Hmm,

I totally don't speak lawyer. But it sounds like we are good to go as long as we don't make it an illegal configuration (short upper while the stock is on).

Does that sound right?

You have it correct. It must be a fully legal rifle or a pistol. If you put a stock on it and leave a short barrel you need the blessing ( and tax stamp) from the ATF. PaBimmerGuy has the correct ruling, 2011-4.

[PaBimmerGuy]

Hmm,

I totally don't speak lawyer. But it sounds like we are good to go as long as we don't make it an illegal configuration (short upper while the stock is on).

Does that sound right?

thats what i am reading. you might ask yourself if you put the stock on while the short upper was on who would know. this is always where things can go sideways quickly.

suppose you're in your basement and you are putting your gun back together and you have the stock with the short upper. fully intending to put the long upper back within seconds.

before you can complete that task you hear your wife scream for help so you run upstairs and discover that she has just lacerated her hand with a kitchen knife. you staunch the flow of blood and rush her to the hospital for stiches.

however in the fuss you leave your front door wide open. your neighbor sees this and comes to investigate. youre not home. door is open so the neighbor calls the police.

the police come and enter the home to see if there is any mischief afoot. they go down into the basement and discover your short barreled rifle. hmmmmmmm. whats this?

they take the short barreled rifle for safekeeping because your home is unsecured and leave you a note.

you now go to the police station to pick up your gun and they ask if you have the tax stamp for your short barreled rifle. no? lets call atf.

atf decides that since you are a middle aged middle class white guy that they need to make an example out of you.

now you need to mortgage the house and hire a lawyer. you lose your job because of the time off that you need to take so you lose your house.

all because you didnt do things in the right order.

[medsteele]

Sadly, I could see that happening very easily.

[Gun]

Therefore, so long as a parts kit or collection of parts is not used to make a firearm
regulated under the NFA (e.g., a short-barreled rifle or “any other weapon” as defined by
26 U.S.C. 5845(e)), no NFA firearm is made when the same parts are assembled or re-
assembled in a configuration not regulated under the NFA (e.g., a pistol, or a rifle with a
barrel of 16 inches or more in length). Merely assembling and disassembling such a rifle
does not result in the making of a new weapon; rather, it is the same rifle in a knockdown
condition (i.e., complete as to all component parts). Likewise, because it is the same
weapon when reconfigured as a pistol, no “weapon made from a rifle” subject to the NFA
has been made.

Does this mean that ALL parts purchased separately that can be assembled as
either a pistol with a barrel less than 16 inches in length, or a rifle with a barrel more than 16 inches
in length, using the same receiver?

[steviesterno]

As far as the above situation....

I don't have a wife and I'm sure as hell not middle class Low class at best!

I get ya. I would never have it set up illegally. I already have an SBR so don't need to make 2 at a time, at least in my head. But the pistol that I could put a stock on would be fun for when I switch 22 uppers (have an 18" and a 10"). Yes, i know which to use with the stock and which not.

Thanks for the help! Now does anyone have a detachable folding stock for sale?

Steve