Pistol with greater than 16in barrel and greater than 26in overall transfer questions

[evilfij]

I am at it again.

1. Let's say you have an AR pistol lower (previously transferred as a pistol, never had a stock on it so it is not going to be an SBR) and you afix an upper of greater than 16in barrel and that the overall length is now greater than 26in, is an FFL required for a transfer in state?

2. Would anything then prohibit the purchaser from taking the upper off and putting on a shorter upper?

I think the answer to my two questions is no, but I would like a second (or more) set of eyes. I believe this is similar to the semiauto M1919s in that it is a gap in the law.

Thanks in advance.

From PA Code:

18 PA C.S. 6111(c)

Duty of other persons. -- Any person who is not a licensed importer, manufacturer or dealer and who desires to sell or transfer a firearm to another unlicensed person shall do so only upon the place of business of a licensed importer, manufacturer, dealer or county sheriff's office, the latter of whom shall follow the procedure set forth in this section as if he were the seller of the firearm. The provisions of this section shall not apply to transfers between spouses or to transfers between a parent and child or to transfers between grandparent and grandchild.

18 PA C.S. 6102

"Firearm." Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.

[GunLawyer001]

(deleted while I mull this over some more...)

[evilfij]

I see you are a night owl too. Lawyers and insomnia ... I think it is a result of too much thinking.

Feel free to PM me your thoughts to hash them out if you don't want to post.

Thanks,