Pistol to SBR to Pistol ????

wired

wired

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I know you can put a long barrel on an SBR and travel across state lines with an SBR without a 5320.20 . The question I have is when you start with a pistol and SBR it can you do the same thing if you take the buttstock off. Its not configured as an SBR any more so its not an SBR at that moment. Its a pistol It makes sense but I have never seen an ATF letter to that effect. Obviously if you take the stock of a glock pistol you SBR'd you arent going to go putting a 16" barrel on it. Nothing from the ATF I can find.
 
frakncylons said:
I've been poking around these past few minutes and I believe you're correct. I'll be interested to see opinions on this specific scenario.
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Oh yeah, thats 100% . SBR's arent like machineguns. Its only an SBR when configured as such. The ATF has that in their FAQ etc. Ive just never seen anything from them stating that you can cross state lines with a gun that you SBR'd then reverted it back to a pistol. They go on and on about doing that with a rifle. They are so far behind the times with a lot of their information its not funny. Back when SBR's were basically cut down rifles that made sense but not today where most SBR's start as pistols or at least bare receivers.
 
Pardon but I’m only asking, correct me if I’m wrong….my ATF registered SBR is legal with any length bbl on it 9”-12” or 16”? Usually has the 12“ on it. My pistol AR [has never had a rifle stock on it] [has a SB PDW brace] is legal with any length bbl on it 9-12-16? Usually has a 9” but lately has had the cmmg 16”. All are .45acp dedicated greasegun magazine lowers and the uppers are both cmmg and Olympic Arms bcgs/bbls. Thanks. Enjoying the forum.
 
BigWaylon said:
If it’s not an SBR, it doesn’t need the permission slip. And as you mentioned, it’s only an SBR if configured as such.
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baltimoreed said:
Pardon but I’m only asking, correct me if I’m wrong….my ATF registered SBR is legal with any length bbl on it 9”-12” or 16”? Usually has the 12“ on it. My pistol AR [has never had a rifle stock on it] [has a SB PDW brace] is legal with any length bbl on it 9-12-16? Usually has a 9” but lately has had the cmmg 16”. All are .45acp dedicated greasegun magazine lowers and the uppers are both cmmg and Olympic Arms bcgs/bbls. Thanks. Enjoying the forum.
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You can put whatever length barrel you want on the SBR. On the pistol if the OAL is over 26" its no longer a pistol. Its a Firearm and can have a vertical grip.
 
Good info in this thread! I've been wanting to register one of my G19s as an SBR (don't question my life decisions!) and I'm much more inclined knowing I can still easily it over state lines in pistol form.
 
So is the whole once a rifle it can never be a pistol thing totally dead?
 
JimB said:
So is the whole once a rifle it can never be a pistol thing totally dead?
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It died with Thompson Center. It really goes back to the ATF's insistence that every law be followed. There is a law saying there is a difference excise tax rate for pistols and rifles. When a manufacturer pays the higher excise tax rate as a pistol it is always a pistol. A rifle is always a rifle . Non manufacturers such as you and I do not manufacture anything ever according to the ATF. Only an 07 FFL licensee can manufacture. Manufacturers pay excise taxes. Put a longer barrel on a pistol it is still a pistol that has a long barrel and a buttstock. It is not an SBR because it has a long barrel . Take the stock off its still a pistol which is configured as a "firearm" which is not an NFA regulated item. Put the short barrel back on without a buttstock its still a pistol. When you build one as a pistol from a receiver it never had that excise tax paid. Receivers are not pistols . You can configure it however you want but it never is an excise tax paid pistol not is it an excise tax paid rifle.
 
So a sbr really only pertains to a true rifle that has the bbl hacksaw cut to a length less than 16 inches or factory built rifle like a AO semiautomatic Thompson with a 10.5 in bbl. A home built AR falls through the cracks as it were as it started with a stripped lower and a stripped upper which were never a rifle or pistol. It’s all very confusing to an old man like me.
 
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baltimoreed said:
So a sbr really only pertains to a true rifle that has the bbl hacksaw cut to a length less than 16 inches or factory built rifle like a AO semiautomatic Thompson with a 10.5 in bbl. A home built AR falls through the cracks as it were as it started with a stripped lower and a stripped upper which were never a rifle or pistol. It’s all very confusing to an old man like me.
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If you took the stripped upper and lower and initially built it as a 16” barreled rifle, it starts life as a rifle.

Technically, as long as you build every AR by attaching the upper before installing the stock, you’re initially building a pistol. 🤓
 
BigWaylon said:
If you took the stripped upper and lower and initially built it as a 16” barreled rifle, it starts life as a rifle.

Technically, as long as you build every AR by attaching the upper before installing the stock, you’re initially building a pistol. 🤓
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It started life as an other. Not as a excise tax paid rifle.
 
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One little known fact that isnt really germane to this discussion is that an 07 FFL holder can run a rifle through his books and change the designation of said rifle to pistol. Excise tax is paid for a pistol.
 
BigWaylon said:
Technically, as long as you build every AR by attaching the upper before installing the stock, you’re initially building a pistol. 🤓
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Yup. I've been doing this for years now.
In fact, I go so far as to just pop off a 10.5" or so upper and build every lower as a pistol with an under 16 barrel, just because.
I have... many ARs. ALL of them started as pistols except for my M&P15 and a century arms that came config'd as a rifle from the factory. Both SBRs started as pistols, a few pistols started as pistols, and a few rifles started as pistols.
Prove they didn't.
 
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