AR-15 handgun question

[monkeylizard]

Which you could argue that if you had an AR pistol AND a full AR... you're also in violation by the concept of being able to swap out uppers quickly?

 

What OS said is correct about this. If the only possible way to use the part would result in an NFA item, then you're in violation.

 

If I have a complete rifle, then obtain an 8" upper, I'm not in violation because I can remove the stock from the tube on the lower that came with the rifle before attaching the 8" upper, making it a legal pistol.

If I have a complete pistol, but no rifle-length upper or any complete AR rifle, and then obtain a stock, I'm in violation because the only thing I can do with that stock is make my pistol into an SBR.

 

ETA DISCLAIMER: Sentence 1 is incorrect. See below for details.

Edited September 29, 2015 by monkeylizard

[SupaRice]

So if I have a lower that started life as a pistol, and I retained the pistol upper but have converted it to a rifle with a 16" upper and a stock.... I'm not in violation being it started life as a pistol and I can change buffer tubes when I change uppers?

[ma6907]

Wow--I created a real topic!  I was just kind of wondering out loud and ended up with an education.  And I didn't even get bashed for asking a stupid question with my first real post!  Apparently it was not stupid after all.  Thanks everyone.  I think Ill just buy an AR-15 pistol already asembled to avoid any appearance of impropriety.  It would be my luck that the ONLY way I could defend myself in a sticky situation would be to use my "illegal" pistol and I would end up going to jail.  One of my biggest concerns is what to do after the attacker hits the ground.  By my estimation (and what was taught to me many years ago in my first carry course) nearly 100% of armed confrontations will most likely end up in court--either defending yourself to the law, or being sued by the family of the guy you just shot.  Masad Ayob has written several books about it.  3 of my AR-15s are Sabre Masad Ayoob Editions (2 Elite and 1 Professional).  I bought them because they are: 1 very accurate with stainless barrels.  2 Made in Tennesee (in case that law ever gets passed) and 3 The Ayob editions because i like him.  I know many do not like his attitude about what can happen even if you do the right thing--but he speaks with experience and has won more competetions than I could  ever even enter.  Plus he is a real nice guy (to me).  I have emailed him several questions that he has actually answered.

[Omega]

What OS said is correct about this. If the only possible way to use the part would result in an NFA item, then you're in violation.

 

If I have a complete rifle, then obtain an 8" upper, I'm not in violation because I can remove the stock from the tube on the lower that came with the rifle before attaching the 8" upper, making it a legal pistol.

If I have a complete pistol, but no rifle-length upper or any complete AR rifle, and then obtain a stock, I'm in violation because the only thing I can do with that stock is make my pistol into an SBR.

1st part No, once a rifle always a rifle unless you SBR. 2nd part, Yes if you have no rifle uppers but a stocked lower then you are in legal violation.

So if I have a lower that started life as a pistol, and I retained the pistol upper but have converted it to a rifle with a 16" upper and a stock.... I'm not in violation being it started life as a pistol and I can change buffer tubes when I change uppers?

Yes, as long as you have both a pistol and rifle upper.  Just make sure you change it back to pistol before attaching a pistol upper.

[Farman]

Monkey's statement..
"If I have a complete rifle, then obtain an 8" upper, I'm not in violation because I can remove the stock from the tube on the lower that came with the rifle before attaching the 8" upper, making it a legal pistol."
I don't think so because the lower was not built as a pistol originally. You can turn a pistol into a rifle but not a rifle into a pistol.
Am I correct??

 

 

[monkeylizard]

1st part No, once a rifle always a rifle unless you SBR. 2nd part, Yes if you have no rifle uppers but a stocked lower then you are in legal violation.

Yes, as long as you have both a pistol and rifle upper.  Just make sure you change it back to pistol before attaching a pistol upper.

Doh!

You're right.

 

I guess I should have said if I have a rifle that started as a pistol, but I now no longer have any pistol parts just the rifle (which was once a pistol), then get an 8" upper....

 

I suppose that highlights the stupidity of this BATFE rule.

Edited September 29, 2015 by monkeylizard

[Oh Shoot]

1st part No, once a rifle always a rifle unless you SBR. 2nd part, Yes if you have no rifle uppers but a stocked lower then you are in legal violation.

Well, your intent for explanation is correct but wording is wrong -- "once a rifle" is incorrect. If you start with pistol, you can go back and forth between rifle and pistol at will. "First a rifle, always a rifle" is correct.
 
 

Yes, as long as you have both a pistol and rifle upper.

To be clear, if you have first made a pistol out of a virgin lower, it matters not what uppers you possess. Can be a short one, long one, or both. The only possible legal complication would be only possessing a short barrel along with a stock or vertical forward grip.
 

Just make sure you change it back to pistol before attaching a pistol upper.

To be clear, a "change back to pistol" simply requires removing the stock before attaching the short barrel -- buffer tube matters not.
 
- OS

[Oh Shoot]

.....

 

I suppose that highlights the stupidity of this BATFE rule.

 

It's a SCOTUS rule. And be glad. Before 1992 "once a rifle always a rifle" was the rule. And you could be charged with making an NFA firearm via "constructive possession"  for merely possessing otherwise legal to use spare parts.

 

- OS

Edited September 29, 2015 by Oh Shoot

[Johnny Rotten]

I wonder what those RSOs would make of this.

 

 

Doesn't look that scary, other then the front trip of a dias or rdias..

This will get a RO's attention

 

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[felinesNfreedom]

Doesn't look that scary, other then the front trip of a dias or rdias..

This will get a RO's attention

 

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I like it.