Complete AR15 Pistol Lower Registration

[2010ngojo]

I've recently purchased a complete pistol lower and I want to know how the lower should be registered. I've seen conflicting answers from my local FFL dealer and other online forums. Dealer says it has to be registered as a pistol, while the online peeps says it should be "other".

Arguments for pistol: The receiver has a pistol buffer tube so it's classified as a pistol.

Arguments for other: It is not considered a fully functional firearm so it cannot be considered as any type of firearm until configured as such.

Now I've read multiple threads about STRIPPED lowers but not much about COMPLETE PISTOL lowers.
Here are my thoughts: If it would be registered as a pistol (even the case for stripped lowers) then I should be able to put on a stock and a 16"+ barrel upper before even putting a pistol upper. BUT, wouldn't that make the gun a rifle first? And therefore cannot be configured into a pistol afterwards? For example, by their logic, if I purchased a stripped lower and put a pistol buffer tube it becomes a pistol. And therefore I can change it back and forth to a rifle. I don't think the ATF will like that. About the receiver I purchased: It does have a pistol buffer tube and shipping invoice or whatever does say it's a pistol lower. Those 2 are the reasons the dealer gave me as to why the receiver will be registered as such, a pistol. I do know the receiver does not need a "PISTOL" stamp as some thought.

So what's the definitive answer here? Pistol or Other?

Also if anyone knows what handgun is in the video, let me know. It's in the beginning and near the end with the guy with glass shooting it. Thanks.

https://www.youtube.com/watch?v=-yA2MavZeLw

[sawgunner73]

It cannot be a pistol without a barrel. The lower could be complete with every part that is usually used to make a pistol. But without a barrel, it is a receiver only.

[2010ngojo]

It cannot be a pistol without a barrel. The lower could be complete with every part that is usually used to make a pistol. But without a barrel, it is a receiver only.

Thanks. Is there any documentation with regards to this issue? I want to notify my dealer about this. I do plan on contacting the ATF and get a clear answer, but that won't be until Monday.

[Gunsnwater]

What registration?

[Gunsnwater]

It cannot be a pistol without a barrel. The lower could be complete with every part that is usually used to make a pistol. But without a barrel, it is a receiver only.

So then a 1911 frame isnt a pistol? Receivers are what gets serial numbers. Ever hear of constructive possession?

[Gunsnwater]

Thanks. Is there any documentation with regards to this issue? I want to notify my dealer about this. I do plan on contacting the ATF and get a clear answer, but that won't be until Monday.

Dont believe the first thing you read on the Internet. The ATF has been known to be wrong or to change its position. You need a gun lawyer or search here.

[sawgunner73]

The definition of pistol states that it has to have "one or more barrels..... having (a) a chamber(s) as an integral part(s) of, or permanently aligned with, the bore(s)" . If it doesn't have that, it cannot be a pistol by definition.

[sawgunner73]

The ATF can't change their position, the definition of a pistol is set in the regulations and the law.

[sawgunner73]

A 1911 frame in and of its self is just that...a frame. Without a barrel, it cannot meet the definition of a pistol.

[Emptymag]

The ATF can't change their position, the definition of a pistol is set in the regulations and the law.

They can't?
Oh, you're gonna take a lot of shit for that one.

I'm gonna go get a comfortable chair...