Pennsylvania Firearm Owners Association
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  1. #1
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    Default 80% Lower Question

    First thing is please excuse my ignorance so that's why i'm here to ask the question.

    We all know of people that buy an 80% AR lower and do the machine work themselves to build it into a rifle. What happens when they use a short barrel and an approved "Sig" style brace and say they are converting a 80% lower into a AR pistol ?? Aren't they actually building an SBR without a Tax Stamp ??

    Thanks

    Rob

  2. #2
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    Default Re: 80% Lower Question

    If it starts life out as a pistol it's a pistol until it's not. It's legal to build a pistol. It's not an SBR unless you put a stock and a short barrel on it.
    Si vis pacem, para bellum
    μολ ν λαβέ
    What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms!

  3. #3
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    Default Re: 80% Lower Question

    Quote Originally Posted by RBELARDI View Post
    First thing is please excuse my ignorance so that's why i'm here to ask the question.

    We all know of people that buy an 80% AR lower and do the machine work themselves to build it into a rifle. What happens when they use a short barrel and an approved "Sig" style brace and say they are converting a 80% lower into a AR pistol ?? Aren't they actually building an SBR without a Tax Stamp ??

    Thanks

    Rob
    no
    American by BIRTH, Infidel by CHOICE

  4. #4
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    (Centre County)
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    Default Re: 80% Lower Question

    Quote Originally Posted by RBELARDI View Post
    First thing is please excuse my ignorance so that's why i'm here to ask the question.

    We all know of people that buy an 80% AR lower and do the machine work themselves to build it into a rifle. What happens when they use a short barrel and an approved "Sig" style brace and say they are converting a 80% lower into a AR pistol ?? Aren't they actually building an SBR without a Tax Stamp ??

    Thanks

    Rob
    It's really no different than building a AR style pistol from an already machined, serial numbered, etc. lower. The a assembly of the pistol barrel upper with a finished 80% lower with a pistol brace attached is perfectly legal. Also, the BATFE has already stated that just because a person mounts the pistol brace to their shoulder they are NOT breaking the law concerning SBR's. They said just because someone mounts the pistol to their shoulder, they have NOT changed the configuration of the end item, it is still a pistol. If, however, you take the pistol brace off and put a true shoulder stock on, without taking the short barrel off first, you have then created a SBR.
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

  5. #5
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    Default Re: 80% Lower Question

    OK, here's a question(s) for yinz. Guy mills out 80% lower. He's allowed to make a pistol or a rifle out of it, right? Just no SBR, which is an NFA item? What if he decides he wants to turn his rifle into a pistol and he pulls the upper off and puts on a short barrel?
    Gender confusion is a mental illness

  6. #6
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    Default Re: 80% Lower Question

    Quote Originally Posted by Walleye Hunter View Post
    OK, here's a question(s) for yinz. Guy mills out 80% lower. He's allowed to make a pistol or a rifle out of it, right? Just no SBR, which is an NFA item? What if he decides he wants to turn his rifle into a pistol and he pulls the upper off and puts on a short barrel?
    I tried to follow, but got lost at "his rifle".

    What rifle?
    One built with that 80% , or another rifle.

    Gotta be very very specific to get the correct answer.
    I called to check my ZIP CODE!....DY-NO-MITE!!!

  7. #7
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    Default Re: 80% Lower Question

    Quote Originally Posted by Emptymag View Post
    I tried to follow, but got lost at "his rifle".

    What rifle?
    One built with that 80% , or another rifle.

    Gotta be very very specific to get the correct answer.
    Mr. Gixxer go it! The one built with his 80% lower.
    Gender confusion is a mental illness

  8. #8
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    Default Re: 80% Lower Question

    Quote Originally Posted by Walleye Hunter View Post
    Mr. Gixxer go it! The one built with his 80% lower.
    I know I'm talking craziness but I believe it's still correct per the law- If a firearm begins life as a rifle, it can not be made into a pistol. So my advice to anyone finishing a 80% is that they first make a pistol (if you get what I'm saying winky winky)

    *EDIT: I should have read Mr. Gixer first LOL
    "It seems that the Constitution is more or less guidelines than actual rules"
    My feedback: http://forum.pafoa.org/showthread.php?t=305685

  9. #9
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    Default Re: 80% Lower Question

    Quote Originally Posted by Mr_Gixxer View Post
    If it starts life as a pistol it can become a rifle and back to a pistol again over and over.
    If it starts life as a rifle it can never be a pistol.



    As long as you aren't prohibited from owning it and have no intention of selling it, yes.
    Regarding the lack of a SN, it's the intention of selling it. You can sell it, but if you build for the purpose of selling it, ATF won't be happy. That said, some/many FFL's won't transfer an unserialized gun.

  10. #10
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    Default Re: 80% Lower Question

    Quote Originally Posted by Walleye Hunter View Post
    Mr. Gixxer go it! The one built with his 80% lower.
    Always build a pistol first even if you want a rifle now. Take a selfie with it and a news paper.
    The Gun is the Badge of a Free Man

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