SBRs vs pistols

[Tanis143]

I had questions about this and did a bit of research, so I know the technical differences between the two. The questions I now have is if I have an AR pistol that I built myself, how can A)prove that the lower was never barreled as a rifle first and B) If I upgrade a stock on another non-SBR AR and have the original laying around, how can I prove that it was not intended to be put on the AR pistol? I'm asking because I'm starting to look at my next AR build (whenever that actually happens lol) and I'm interested in an AR pistol, but want to know the legalities of owning one first. Not that I anticipate a raid by the ATF, but in this society now days I might say the right thing at the wrong time online or IRL and next thing you know Uncle Sam is knocking at my door.

 

[POKE1911]

A. They can’t. Unless you have pics out there showing a complete rifle with serial number. Or if they ask and you tell them.

B. A stock will not fit on a pistol buffer tube. A pistol buffer tube has wider diameter than your typical buffer tube. It will also not have the adjustable row on the bottom. Some might have dimples to tighten down a brace.

 

[POKE1911]

Also if over time you pick up a couple uppers for your pistol, say different calibers and you still have your rifle, it would not be a bad idea to have at least a cheap pistol lower for each upper. I don’t know if it’s a law but it could CYA.

 

[Tanis143]

B. A stock will not fit on a pistol buffer tube. A pistol buffer tube has wider diameter than your typical buffer tube. It will also not have the adjustable row on the bottom. Some might have dimples to tighten down a brace.

Oh I know this, I'm just saying if I have a spare buffer tube, buffer and stock how can I prove it is not for the pistol?

And yes, as I said before, I really shouldn't worry about it, as it is unlikely that I will have the ATF knocking at my door, but its better to prepare for the worst and hope for the best.

 

[NikatKimber]

I have in the past taken pictures of lowers shortly after purchase with a short upper and a pistol tube attached. Reason being you can go from pistol to rifle and back, but not the other way around. I also have an el-cheapo poly lower that I intend to keep with a pistol buffer just for the purpose of having one around if I want another short upper for my pistol lower.

 

[Fyrtwuck]

The biggest problem is BATFE and the rulings on this kind of thing. One minute they say yes, the next they say no. WAY too easy to become an instant felon and lose everything.

 

[POKE1911]

M

Oh I know this, I'm just saying if I have a spare buffer tube, buffer and stock how can I prove it is not for the pistol?

And yes, as I said before, I really shouldn't worry about it, as it is unlikely that I will have the ATF knocking at my door, but its better to prepare for the worst and hope for the best.

FWIW my opinion based off of the research that I have done in the past. I’m not a lawyer but this is the conclusion that I have come to.

The way I see it is that the burden of proof lies with the prosecution. They have to prove that is what you have / intend on illegally modifying that pistol into an SBR. Whether you own an SBR or Pistol, many recommend having a pistol or registered sbr lower for every short upper that you have. The reason being is that you can switch out the upper without modification to the firearm, illegally making an SBR. So if you have a pistol upper on the pistol lower and a rifle upper on a rifle lower. You are fine because that’s how it’s intended to be. If you have a pistol upper and no pistol lower they could make a case that you have and upper for the purpose of switching out with your rifle lower without modification. You can own other parts because they would require modifications to the pistol to become an illegal SBR. The terminology of modification and manufacturing is the main distinction.

 

[NikatKimber]

Best explained with math:


BAD!:
X ____________# of rifle uppers
X + a __________# of rifle lowers
and
Y ____________# of pistol/SBR uppers
Y - b __________# of pistol/SBR lowers

Because this results in an "extra" rifle lower(s) and "extra" pistol/SBR upper(s); which means the logical way to put everything together results in an illegal SBR. This is what they're talking about with "constructive intent". This is also the purpose for the pistol buffer tube. My understanding is that the mil-spec buffer tube (without stock attached!) is OK for a pistol, but if you have a spare stock laying around the house, you're guilty of constructive intent because the logical way to put it all together, results in an illegal SBR.

Basically, always have enough rifle uppers for the rifle lowers you possess; and make sure everything can be put together logically, legally.

 

[mr ed]

What you have in your safe is generally not a big deal. Nobody will ever know unless somebody drops a dime.
What is a big deal is when your at the local range shooting your brace from the shoulder (no-no)
and down at the other end of the firing line happens to be a BATFE agent practicing with his gun
and watching you.

 

[rawhide]

I seem to recall ATF changing their position on shouldering a pistol brace. Did I miss something or misunderstand?