05-11-2012, 03:23 AM
What I said is correct and does not counter whay you listed from the ATF ruling.. I think I may not have been very clear..
If it is a rilfe (that is sold as a "rifle" on the ATF form) it is always a rifle, regardless of how short a barrel is placed upon it.. To legally put a barrel shorter than 16.1 inches (and I add the .1 inches to be on the safe side) it must be registered as a SBR.. Once registered as an SBR, it forever is an SBR regardless if a barrel 16.1" or longer is later installed..
However if the lower was sold as a "Pistol" or "Other" on the ATF form, you are pretty much free to do with it as you wish as long as you never install a rear stock and a barrel shorter than 16.1 inches, unless getting the required NFA stamp as a SBR.. If you do it then becomes a SBR and for ever more is an SBR requiring the stamp and all of the paper work..
If it was sold as a "Pistol" or "other" and you don't have a rear stock, you can install any length of barrel.. There are no legal limitations what so ever - though technical limitations do exist..
If you want to put a rear stock on it, it surely better have a 16.1" or longer barrel otherwise it's 25k fine and 10 years in the grey bar hotel..
If I have a lower which was sold to me as a "Pistol" or "other" and I install a stock on it and barrel longer than 16.1", and sell it to you through a FFL, it now is a rifle and can no longer be converted back to a pistol.. Though it could be converted to a SBR assuming the correct paperwork is completed and tax paid - and again, it now forever more is a SBR..
We go through the same thing for Thompson Contenders, and that horse has been beaten to death.. And there was even a Supreme Court ruling on it..
flk k
If it is a rilfe (that is sold as a "rifle" on the ATF form) it is always a rifle, regardless of how short a barrel is placed upon it.. To legally put a barrel shorter than 16.1 inches (and I add the .1 inches to be on the safe side) it must be registered as a SBR.. Once registered as an SBR, it forever is an SBR regardless if a barrel 16.1" or longer is later installed..
However if the lower was sold as a "Pistol" or "Other" on the ATF form, you are pretty much free to do with it as you wish as long as you never install a rear stock and a barrel shorter than 16.1 inches, unless getting the required NFA stamp as a SBR.. If you do it then becomes a SBR and for ever more is an SBR requiring the stamp and all of the paper work..
If it was sold as a "Pistol" or "other" and you don't have a rear stock, you can install any length of barrel.. There are no legal limitations what so ever - though technical limitations do exist..
If you want to put a rear stock on it, it surely better have a 16.1" or longer barrel otherwise it's 25k fine and 10 years in the grey bar hotel..
If I have a lower which was sold to me as a "Pistol" or "other" and I install a stock on it and barrel longer than 16.1", and sell it to you through a FFL, it now is a rifle and can no longer be converted back to a pistol.. Though it could be converted to a SBR assuming the correct paperwork is completed and tax paid - and again, it now forever more is a SBR..
We go through the same thing for Thompson Contenders, and that horse has been beaten to death.. And there was even a Supreme Court ruling on it..
flk k