Thinking aloud. 11.5" upper on a m16a1 lower. Is that rifle length?

[Zet70]

Here's the scoop, I have an original 1968 m16 20" upper on a new retro built m16a1 lower with a1 stock.

At 20" It's pretty cumbersome. I have a 11.5" upper coming in the mail and was looking to build an AR pistol, can I slap this 11.5" upper on the a1 lower and meet the 26" rifle length requirement? Or will I be under and need to pickup an AR pistol lower?

I'm at work and don't have the 11.5" upper yet to measure each individually to verify I will not be building an SBR.

Anyone heard of a build like this?

Thanks guys!

Edit: Forgot about 16" barrel length requirement lol.

[ungawa]

I have an 11.5" upper on an M16A1 lower.

If you have a rifle that has a stock and the barrel is less than 16", and it is not a machinegun, then it is an SBR and requires a tax stamp from the ATF no matter what the overall length is.

You need a pistol lower or something stamped to use an 11.5" upper. Your choice.

[DClan]

You can, but you will then have created a short barrelled rifle (SBR), which requires an NFA tax stamp. Its not just the OAL, its also the minimum barrel length of 16 inches.
Looking online, you will find carbine/rifle uppers with 14.5 inch barrels, but they will have a 1.5 inch flash hider permanently attached ( must be welded or pinned or both, threaded alone is not acceptable ).

Sorry, just noticed the end of your post commenting on the 16" requirement.

[RXM]

Here's the scoop, I have an original 1968 m16 20" upper on a new retro built m16a1 lower with a1 stock.

At 20" It's pretty cumbersome. I have a 11.5" upper coming in the mail and was looking to build an AR pistol, can I slap this 11.5" upper on the a1 lower and meet the 26" rifle length requirement? Or will I be under and need to pickup an AR pistol lower?

I'm at work and don't have the 11.5" upper yet to measure each individually to verify I will not be building an SBR.

Anyone heard of a build like this?

Thanks guys!

Edit: Forgot about 16" barrel length requirement lol.

If I'm reading this correctly, your 20" upper is already paired with a lower receiver making it a rifle. Legally, you cannot convert a rifle to a pistol (the other way around is okay). It sounds like you already have a 11.5" upper on the way. When it arrives and you still have that AR rifle in your house, you fall under "constructive possession" meaning you have the necessary components to make a SBR. It does not matter if you didn't assemble it b/c there is no other reason to have a 11.5" upper.

You can either:

1. Buy a stripped lower and add a pistol buffer tube to make a pistol when the upper arrives
2. Make sure the AR rifle is not at your home while in possession of the 11.5" upper
3. Have a friend or family member hold onto the 11.5" upper if they do not have any AR rifles in their home.

[thorazine]

You need a pistol lower or something stamped to use an 11.5" upper. Your choice.

Or a very long permanently attached flash hider / muzzle break.

[ithinkimamedic]

You need to get a pistol lower or go the SBR route, regardless if the OAL is greater than 26.

[thorazine]

You need to get a pistol lower or go the SBR route, regardless if the OAL is greater than 26.

Or a very long permanently attached flash hider / muzzle break.

[ithinkimamedic]

Or a very long permanently attached flash hider / muzzle break.

Yeah but no one likes those silly things!

[thorazine]

Yeah but no one likes those silly things!

Indeed.

The SBR route would be the better choice. =D