Pennsylvania Firearm Owners Association
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  1. #1
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    Default Stripped lower for pistol, that was tested once with rifle parts.

    I have a stripped lower I bought with a LPK. After assembling it I put an extra fixed stock I had and took it to the range with my 16" upper to test it out. In theory I was going to build another rifle. But that project has kind of been abandoned.

    According to the way I have read the laws and regulations as far as building a pistol, because it had a barreled upper on it even only temporarily it can no longer be used for a pistol after removing the stock?
    "No, it's just a machine. I'm the weapon." - Jack Harper in Oblivion

  2. #2
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    Default Re: Stripped lower for pistol, that was tested once with rifle parts.

    Its got to be registered as a pistol lower upon initial purchase from what I gather.

    You CAN user a registered pistol lower with a rifle upper but not the other way around.

    IE: You can put a buttstock and a vert grip on a barrelled upper greater than 16".

    You cannot have a vert grip and buttstock on a upper less than 16".

    Once a pistol lower always a pistol lower. It will need to be transferred as such to future owners.

    You CANNOT put a PISTOL upper <16" on a rifle lower. That essentially creates an SBR or short barreled rifle. Without a ATF tax stamp and some engraving of the lower you are commiting a federal crime.
    Emergency Medicine prevents natural selection

  3. #3
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    Default Re: Stripped lower for pistol, that was tested once with rifle parts.

    Quote Originally Posted by Zet70 View Post
    Its got to be registered as a pistol lower upon initial purchase from what I gather.
    incorrect. Lowers are simply marked "other" on the 4473 when purchased new. Even if it was purchased with a stock attached. It can be assembled as a pistol or rifle when you decide for yourself.

    You CAN user a registered pistol lower with a rifle upper but not the other way around.

    IE: You can put a buttstock and a vert grip on a barrelled upper greater than 16".

    You cannot have a vert grip and buttstock on a upper less than 16".

    Once a pistol lower always a pistol lower. It will need to be transferred as such to future owners.
    sorry, incorrect again. A pistol can be changed to a rifle and back to a pistol. Google the TC Contender case
    You CANNOT put a PISTOL upper <16" on a rifle lower. That essentially creates an SBR or short barreled rifle. Without a ATF tax stamp and some engraving of the lower you are commiting a federal crime.


    My responses in red.



    OP.

    You assembled a rifle first. Sorry. It is now a rifle forever till tax stamp do you part.

  4. #4
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    Default Re: Stripped lower for pistol, that was tested once with rifle parts.

    Come on now. How in the hell can anyone tell or prove, let alone the ATF, that the lower was built as rifle first?
    Talk about stupid laws.
    Toujours prêt

  5. #5
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    Default Re: Stripped lower for pistol, that was tested once with rifle parts.

    Quote Originally Posted by Hawk View Post
    Come on now. How in the hell can anyone tell or prove, let alone the ATF, that the lower was built as rifle first?
    Talk about stupid laws.
    Once you put the rifle upper on any lower a covert signal is sent to the government through the internet so they know. If this isn't true then there would be no possible way to ever prove this and it really would not matter.
    Any vote for a third party is a vote for a Democrat. You are the enemy.

  6. #6
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    Default Re: Stripped lower for pistol, that was tested once with rifle parts.

    Quote Originally Posted by Hawk View Post
    Come on now. How in the hell can anyone tell or prove, let alone the ATF, that the lower was built as rifle first?
    Talk about stupid laws.
    PAFOA is a place where people ask what the laws are. Not whether they will be caught if they break them.

    The SBR restrictions are nonsensical, in a quite literal way. Meaning that the NFA restricted sawed-off rifles and shotguns as a way to prevent people from making them once all handguns were NFA firearms. The goal was to essentially outlaw all concealable guns. But before it was enacted, handguns were removed from the NFA. But they left in the "loophole-closer".

    So under current law, you can carry a 2" barrel handgun under your coat, but not a 17" barrel shotgun, because the shotgun is "too concealable".

    The law is stupid. But whether you can evade the law while violating it is NOT something we focus on here.
    Last edited by GunLawyer001; August 3rd, 2014 at 10:44 AM.
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  7. #7
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    Default Re: Stripped lower for pistol, that was tested once with rifle parts.

    Quote Originally Posted by Hawk View Post
    Come on now. How in the hell can anyone tell or prove, let alone the ATF, that the lower was built as rifle first?
    Talk about stupid laws.

    Because he just posted it on the AOLs?

  8. #8
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    Default Re: Stripped lower for pistol, that was tested once with rifle parts.

    Quote Originally Posted by ungawa View Post
    Because he just posted it on the AOLs?

    But he didn't post which lower he was talking about.

  9. #9
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    Default Re: Stripped lower for pistol, that was tested once with rifle parts.

    Quote Originally Posted by Hawk View Post
    Come on now. How in the hell can anyone tell or prove, let alone the ATF, that the lower was built as rifle first?
    Talk about stupid laws.
    Don't you watch CSI: Miami? They'll do molecular tests for residual stuff from shoulder things that go up.

  10. #10
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    Default Re: Stripped lower for pistol, that was tested once with rifle parts.

    Quote Originally Posted by GunLawyer001 View Post

    But whether you can evade the law while violating it is NOT something we focus on here.

    Last year on WEO, someone posted a pic of his 'build'. A 14.5" barrel was used. The OP stated in the description that the upper had to be shipped out to have the FH PINNED and WELDED. So everyone, including several administrators, is telling him that he has an NFA rifle.

    "Oh no I don't. I wanted to take a picture of my rifle before sending it out and post a pic of my 'build'. There is nothing wrong with that."

    Problem was this numb-nut posted that he illegally assembled an NFA rifle, posted a pic for all the ATF to see. In short, the thread disappeared the next day.

    Stakes are too high to think no one will find out.


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