40 cal ar pistol

[Mrndt]

Would this be considered an sbr even though it shoots a pistol round?

[Guest Lester Weevils]

AFAIK, if it has a rifle stock and barrel length < 16", it would be an sbr regardless of caliber. If it was manufactured as a pistol rather than a rifle and doesn't have a rifle stock, then it is a pistol, not a short barrel rifle. Regardless of caliber.

The TN definition of Pistol is apparently a little different than the federal definition and there was a recent case (which got dismissed) where a TN prosecutor was claiming that a fellow's perfectly legal PLR-16 .223 pistol is in fact an SBR. So maybe somebody could get real unlucky and have some hassle.

I'm not a lawyer and am abysmally ignorant of law. We do have some real lawyers on TGO.

Edited December 9, 2011 by Lester Weevils

[JimmyMac483]

My understanding is the same as Lester's. If it has a rifle stock, then it has to have at least a 16" barrel or it is a SBR. If it does not have a rifle stock, then it is classified as a pistol and does not have a minimum barrel length. Both are regardless of caliber.

[Dolomite_supafly]

An AR pistol is just that a pistol. So long as you do not attach a shoulder stock you are perfectly legal regardless of barrel length or caliber. Now once you attach a shoulder stock it must either have a 16" or longer barrel or be registered as a SBR prior to attaching the shoulder stock.

It also matters how the receiver was originally registered or transferred. If the lower receiver was ever a "rifle" or assembled as a "rifle" it cannot be turned into a "pistol", period. A "pistol" can be turned into a "rifle" by adding a shoulder stock and 16"+ barrel but a "rifle" cannot have those items removed and become a "pistol".

And remember the ATF states "once a rifle, always a rifle". There are a few exceptions to this statement like the TC Contenders but even they need to follow the rules regarding SBR. When they have a barrel less than 16" they must have the pistol grip installed and not the shoulder stock.

Also, with an AR I do believe you need to have the pistol buffer tube installed or a buffer tube that will not readily accept a shoulder stock. Just removing the shoulder stock from a rifle buffer tube on a rifle is not good enough.

Dolomite

[Guest Lester Weevils]

Another landmine for the uninformed, is putting a vertical foregrip on a pistol. Apparently it is ATF regulation rather than actual law, but ATF considers it illegal to attach a vertical foregrip on a pistol unless you get a tax stamp.

It seems like such an obvious thing many people would think up, to put a vertical foregrip on some of the AR or AK style pistols, and many people might not even think to research and find out that it is against the rules. Ignorance of the law is no excuse apparently, but dang there sure are a lot of laws!

[Dolomite_supafly]

+1

Completely slipped my mind as well.

Silly rule but a rule none the less.

Dolomite

[Mrndt]

Thanks guys

[cj0e]

Another landmine for the uninformed, is putting a vertical foregrip on a pistol. Apparently it is ATF regulation rather than actual law, but ATF considers it illegal to attach a vertical foregrip on a pistol unless you get a tax stamp.

It seems like such an obvious thing many people would think up, to put a vertical foregrip on some of the AR or AK style pistols, and many people might not even think to research and find out that it is against the rules. Ignorance of the law is no excuse apparently, but dang there sure are a lot of laws!

There are some (a scant few) exceptions to this; one in particular being the Franklin Armory XO-26. Each comes with an ATF letter indicating that although it does have a VFG, it does not fall under AOW/NFA status because its overall length is greater than 26". [Link to ATF letter - PDF Warning]

[Guest JCTipton]

They have to keep coming up with new laws to justify their highly paid government jobs

[Dolomite_supafly]

They have to keep coming up with new laws to justify their highly paid government jobs

There are very few new laws. The laws they are using today have been in place for a very, very long time.

Dolomite

[hipower]

There are very few new laws. The laws they are using today have been in place for a very, very long time.

Dolomite

And interpeted many, many ways.