Manufacturing a Handgun

**JcBook47** · January 3rd, 2016, 12:42 PM

A buddy and I are having this discussion about building a AR pistol. He is under the impression that he can not use a 80% lower but I'm on the opposite side of the fence. His argument is that he has to take the lower to a FFL and have it officially documented as a pistol, otherwise he could be accused of building a SBR.

I know there are 80% lowers for 1911's for DIY'ers and there is no need to take it to the FFL but is there anything saying that about a AR pistol?

**pennlineman** · January 3rd, 2016, 12:51 PM

The make 80% 1911 frames so making an AR pistol should not be an issue. The only thing to keep in mind is if he makes a pistol out of it, it must remain a pistol. If he ever puts a stock on it, it becomes a rifle and can't be changed back into a pistol. Also, if he puts a stock on that lower along with a barrel less than 16" he just made an Illegal SBR.

**ungawa** · January 3rd, 2016, 01:11 PM

There is nothing saying that because there is no such law. You can make an AR pistol or pretty much any pistol and are not required to take it to an FFL or register it.

As for pennlineman's discussion about rifles/pistols, I believe that used to be true. I think a court case a few years ago concluded that if a gun STARTS life as a pistol (never had a stock) then it can be changed to a rifle and back to a pistol again. But I am not 100% sure and NFA is no place to screw around, so do your own research. Of course he is right on about the SBR, no stock allowed with barrel shorter than 16" on it.

**knight0334** · January 3rd, 2016, 01:22 PM

You can take a block of metal, or plastic these days, and turn it into any firearm, NFA only after having received your tax stamps.

Title I firearms do not need to be marked or "registered" as a pistol, or rifle for that matter.

You can convert a handgun into a rifle, and covert it back. But at no time should a barrel less than 16" be on the receiver while there is a shoulder stock attacked - otherwise you violate the NFA, the gun is contraband, and you just became a felon. ....unless you have your SBR tax stamp first.

**pennlineman** · January 3rd, 2016, 01:23 PM

Originally Posted by ungawa

There is nothing saying that because there is no such law. You can make an AR pistol or pretty much any pistol and are not required to take it to an FFL or register it.

As for pennlineman's discussion about rifles/pistols, I believe that used to be true. I think a court case a few years ago concluded that if a gun STARTS life as a pistol (never had a stock) then it can be changed to a rifle and back to a pistol again. But I am not 100% sure and NFA is no place to screw around, so do your own research. Of course he is right on about the SBR, no stock allowed with barrel shorter than 16" on it.

You may be right on that. All I'd say is be careful about barrel lengths. Also, being that that is an 80% receiver there is no proof that it was initially manufactured as a pistol. I know you can't convert a rifle into a pistol. He could go the NFA route but that defeats the purpose of the 80% lower.

**JcBook47** · January 3rd, 2016, 01:23 PM

We both agreed about the SBR scenario. He also say buying an AR barrel less then 16" could be consider intent on making an illegal SBR if you don't own a "documented" AR Pistol Lower.

But as for going back and forth as a rifle and pistol wouldn't me taking a lower from a rifle and putting a pistol upper on it(removing the stock first), would that not be me manufacturing a handgun and not require anything other then me manufacturing it?

**pennlineman** · January 3rd, 2016, 01:33 PM

Originally Posted by JcBook47

We both agreed about the SBR scenario. He also say buying an AR barrel less then 16" could be consider intent on making an illegal SBR if you don't own a "documented" AR Pistol Lower.

But as for going back and forth as a rifle and pistol wouldn't me taking a lower from a rifle and putting a pistol upper on it(removing the stock first), would that not be me manufacturing a handgun and not require anything other then me manufacturing it?

If that rifle was manufactured as a rifle, changing it to a pistol would be illegal.