Building an AR15 Pistol

[RandomTask]

I'm pretty sure I can do this, but I want to be sure.
If I buy a brand-new "virgin" AR receiver, can I build it into a pistol (not SBR) as long as the FFL who transferred it to me marks it in as a pistol on ATF Form 4473 and I never build it in a rifle (regular or SBR) configuration?

Or, does the manufacturer have to document it when they make the receiver?
Also, does the receiver have to be engraved indicating that it's a pistol?
I'm getting some conflicting info and I'd like to sort this out beforehand.

Thanks!

[Xringshooter]

Random,

It's 3:20pm 7/1/08.
I just got off the phone with Mr. Celedonio from the Harrisburg office of the BATFE.

The lower receiver does not have to have any special engraving on it for building a pistol. It is already serial numbered and that number is on the FFL's books. It doesn't matter if you build a pistol or a rifle at that point. The only thing that would complicate things would be if you had a pistol upper on it and then put on a shoulder stock (that makes it a SBR and you would have to do the NFA forms to make it legal).

He also stated that you do not have to have a letter of certification from the manufacturer stating that it is for a pistol because of the generic nature of AR lowers. The only time you have to engrave the lower is if you are making a SBR.

He told me that the BATFE realizes that people like to change their AR's into different configurations and there is not a problem with that as long as they meet all the regs. The example he gave me was that if someone has a AR pistol and wants to add a rifle upper he can but he better to be ready to prove that he never puts the pistol upper on it when the stock is attached. He said that this could be tough to do so he recommends not to try, just too much to worry about. He also said that if you sell the pistol upper there is nothing that forbids you from putting a rifle upper on it.

Bottom line is that if you have a lower it can be made into a pistol or rifle with no special engraving needed (other than SBR). If you want to have multiple AR's in the house in both pistol and rifle, you make sure that you NEVER put the pistol upper on a stocked lower.

This is what was told to me. I am going to send a formal request to the BATFE to get it completely clarified by letter or have them direct me to the appropriate section in the regs/laws. When I get something I will post it.

[Pa. Patriot]

This has already been clarified by ATF.

You only need a rcvr not ever built into a rifle.
~No special markings needed.
~No need to have the manufacturer mark it or log it as anything special.
~No need to have the FFL transfer it to you as a pistol.

http://www.titleii.com/BardwellOLD/atf_letter7.txt



100% done deal. I'll pull the copy of the letter from my other computer later, but that's the scoop.

ETA:

October 1, 1992


Firearms Technical Branch
Bureau of Alcohol, Tobacco and Firearms
650 Mass. Ave., NW
Washington, DC 20226

Dear Sirs:

The Greensboro, NC BATF Compliance Office suggested that I write to
you for information on the following point.

I am interested on whether it is possible to have a commercially
manufactured rifle receiver changed to be legally considered to be a handgun
receiver, and how this can be done. The Compliance Office said that this
might be possible via a "Letter of Determination", but advised me to write
to you about the criteria and procedures.

For example, if a person has a rifle receiver and wishes to have it
built into a rifle-caliber handgun suitable for steel silhouette target
shooting, comparable to the bolt action Remington XP-100 handgun. I
understand that the serial number of this receiver is recorded as being for a
rifle. Could this person have this receiver's serial number considered to be
a handgun receiver? If so, what procedures and paperwork would be
necessary.

Sincerely,

----------------------------------------------------------------------

Oct 29 1992
Dear Mr. XXXXX:

This refers to your letter of October 1, 1992, in which you inquire
about the legality of manufacturing a handgun which utilizes a rifle
type receiver.

26 U.S.C. Chapter 53 # 5845(a)(4), the National Firearms Act (NFA),
defines the term "firearm" to include a weapon made from a rifle if
such weapon as modified has an overall length of less than 26 inches
or a barrel or barrels of less than 16 inches in length.

Utilizing the receiver of an existing rifle for the purposes of
manufacturing a handgun would constitute the making of a firearm as
defined above. Individuals desiring to make such a firearm must first
submit an ATF Form 1, Application To Make And Register a Firearm and
pay the applicable $200 making tax.

If an individual were to obtain a rifle type receiver that had not
previously been utilized in the assembly of a rifle, a handgun could be
made and not be subject to the provisions of the NFA. Verification
must be obtained from the manufacturer of the receiver to establish
its authenticity.

We trust the foregoing has been responsive to your inquiry. If we may
be of any further assistance, please contact us.

Sincerely your,
(signed)
Edward M. Owen, Jr.
Chief, Firearms Technology Branch

[-JD-]

If you register the lower as an SBR (with required engraving) can you then legally configure it any way you wish?

Pistol - No stock, any barrel length
Rifle - Stock, barrel > 16"
SBR - Stock, barel < 16"

[Xringshooter]

Thanks Rich, I know I had seen a letter somewhere about that but I'll be darned if I can find it now.

BTW, I saw the 22 rifle you turned for ithinkimamedics' (Josh) suppressor. Very nice work. We shot it behind my house and I got bit by the suppressor bug and now have to save up to suppress one of my 22's. Dang nab him.

[Valorius]

"If an individual were to obtain a rifle type receiver that had not
previously been utilized in the assembly of a rifle, a handgun could be
made and not be subject to the provisions of the NFA. Verification
must be obtained from the manufacturer of the receiver to establish
its authenticity."

So where would i get such verification- from the company i buy the lower from, or from the company that made the lower?

And can i use a complete lower that is bought as such, and has never been assembled into any firearm, so long as i first remove the shoulder stock?

Finally, is their a max barrel or OAL length restriction that i have to adhere to?

Thanks for any help on this issue.

[knight0334]

"If an individual were to obtain a rifle type receiver that had not
previously been utilized in the assembly of a rifle, a handgun could be
made and not be subject to the provisions of the NFA. Verification
must be obtained from the manufacturer of the receiver to establish
its authenticity."

So where would i get such verification- from the company i buy the lower from, or from the company that made the lower?

And can i use a complete lower that is bought as such, and has never been assembled into any firearm, so long as i first remove the shoulder stock?

Finally, is their a max barrel or OAL length restriction that i have to adhere to?

Thanks for any help on this issue.

If a shoulder stock has ever been attacked to it - it can NEVER become a pistol. It can only become a shortbarreled rifle.

You need to buy a virgin receiver. With a virgin receiver it can be made into a pistol, a long gun, or a SBR(with proper tax stamp). One of the guys here can point out a virgin lower for you to order - nearly everyone and their brother makes them these days.

The virgin receiver will be transferred to you by the FFL as "other, receiver". ..not as a handgun, not as a long gun. You build it however you like. Handguns do not have a max barrel length. However, to be covered with your LTCF the barrel will have to be less than 15" for handgun.

[Valorius]

Thanks my friend.

A Virgin receiver is any receiver that comes without a buffer tube installed, correct?

[knight0334]

Thanks my friend.

A Virgin receiver is any receiver that comes without a buffer tube installed, correct?

A buffer tube can be installed. A virgin receive generally means that it hasn't been assembled in any configuration. Your main concern through is that it has never had a shoulder stock attached to it. By buying a virgin receiver that is bare it helps assure that so you don't run afoul of federal laws.

The receiver doesn't have to be marked "pistol" or anything like that. Nor does it have to be transferred to you as one.

[Valorius]

OK. I'm looking at a YHM assembled lower, but without a buffer tube or stock installed (or included in the kit) right now.