Please help me understand the status of my stripped lower receivers.

[RenoV8]

I have a follow up question regarding the 26" overall length for a pistol/handgun.

How is the 26" measured...from what point on the stabilizing support to the barrel on pistol? Is the muzzle brake part of the measurement? Looking for one concise, 100% correct answer.

Finding the right answers seems to be elusive...

[Gun]

I have a follow up question regarding the 26" overall length for a pistol/handgun.

How is the 26" measured...from what point on the stabilizing support to the barrel on pistol? Is the muzzle brake part of the measurement? Looking for one concise, 100% correct answer.

Finding the right answers seems to be elusive...

https://www.atf.gov/firearms/docs/at...ter-2/download

Pg. 9

NOTE: One version of the Marble’s Game Getter was produced with 18-inch barrels and a folding shoulder stock. This model of the Game Getter, as manufactured, is not subject to the provisions of the NFA because it has barrels that are 18 inches in length and the overall length of the firearm, with stock extended, is more than 26 inches.

Overall length is with stock extended.

Pg. 6

The ATF procedure for measuring barrel length is to measure from the closed bolt (or breech-face) to the furthermost end of the barrel or permanently attached muzzle device.

Measurement is with stock extended, and includes a permanently attached muzzle device, if so equipped, or it is from end of muzzle to other fixed end, measured along bore axis.

[Ricochet]

So what happens if a few years ago I bought a virgin lower and the FFL filled out the PICS paperwork as a PISTOL?
(As a side note the lower was forged to say "Pistol" next to the SN#)
I realize now that the FFL made the mistake, but how does this effect the firearm in regards to State Police or ATF if the FFL processed the paperwork as a pistol ?
Does it make it an illegal firearm in anyway?

[Gun]

So what happens if a few years ago I bought a virgin lower and the FFL filled out the PICS paperwork as a PISTOL?
(As a side note the lower was forged to say "Pistol" next to the SN#)
I realize now that the FFL made the mistake, but how does this effect the firearm in regards to State Police or ATF if the FFL processed the paperwork as a pistol ?
Does it make it an illegal firearm in anyway?

https://www.atf.gov/firearms/qa/can-...tering-firearm

Assuming that the firearm was originally a pistol, the resulting firearm, with an attached shoulder stock, is not an NFA firearm if it has a barrel of 16 inches or more in length. Pursuant to ATF Ruling 2011-4, such rifle may later be unassembled and again configured as a pistol. Such configuration would not be considered a “weapon made from a rifle” as defined by 26 U.S.C. § 5845(a)(4).

[Ricochet]

https://www.atf.gov/firearms/qa/can-...tering-firearm

Yeah, I appreciate it.
But I was asking purely about the legalities of the lower.
Since the FFL processed it wrong on his forms as a pistol, does that in anyway make the lower a "problem".

[Gun]

Yeah, I appreciate it.
But I was asking purely about the legalities of the lower.
Since the FFL processed it wrong on his forms as a pistol, does that in anyway make the lower a "problem".

No. Your receipt from the vendor has it as a stripped lower, and that is how it was manufactured.

[GunLawyer001]

Yeah, I appreciate it.
But I was asking purely about the legalities of the lower.
Since the FFL processed it wrong on his forms as a pistol, does that in anyway make the lower a "problem".

Paperwork is only "some evidence" of how it was physically configured. The statutes which apply are determined by the actual physical attributes of a gun, not by what someone wrote on a form. Your FFL could describe your 16" barreled AR-15 with a shoulder stock as a "pistol", but that wouldn't allow you to make it a pistol. The reality trumps the paperwork; in addition, there's other paperwork at the manufacturer and the wholesaler that would be used to prosecute you if you made a pistol from a rifle without ATF approval.

[Ricochet]

Paperwork is only "some evidence" of how it was physically configured. The statutes which apply are determined by the actual physical attributes of a gun, not by what someone wrote on a form. Your FFL could describe your 16" barreled AR-15 with a shoulder stock as a "pistol", but that wouldn't allow you to make it a pistol. The reality trumps the paperwork; in addition, there's other paperwork at the manufacturer and the wholesaler that would be used to prosecute you if you made a pistol from a rifle without ATF approval.

Good to know, thanks.

[Oldstate]

I was just having this conversation with a local gun shop and was also confused.

Question- there is an online retailer selling Colt Lower receivers in two versions - “virgin” and non virgin. The Virgin is about $30 more. I’m assuming that the other lowers may be taken off complete rifles. As a PA resident does it make any difference which one I would get and have an FFL transfer?

Thanks

[GunLawyer001]

I was just having this conversation with a local gun shop and was also confused.

Question- there is an online retailer selling Colt Lower receivers in two versions - “virgin” and non virgin. The Virgin is about $30 more. I’m assuming that the other lowers may be taken off complete rifles. As a PA resident does it make any difference which one I would get and have an FFL transfer?

Thanks

Depends on whether you're concerned about Federal or PA laws.

You can transfer a stripped lower as a non-firearm within PA. But you can't make a pistol from a lower that was part of a rifle in the past, that's an NFA SBR.