National AR-15 with "pistol brace", 26"+ OAL, 16" barrel (14.5" with pinned flash hider). Pistol or rifle?

[The Heretic]

If the buffer tube and barrel length (14.5" + 1.5" pinned flash hider = 16") and receiver length is sufficient to give an AR a 26"+ OAL, but is shorter than 13" LOP, and it has a "pistol brace" (e.g., an SBA3), not a buttstock, is this currently a pistol?

Ignore whether it is shot shouldered or not - assume it isn't shouldered. No VFG or "stop"/etc. Red dot or other LER optic on a rail on the handguard and backup iron sights (low profile flip ups).

Speculation: Do you think it would remain a pistol (assuming it is one now) if ATF/Biden have their way?

FWIW - I assume it is a pistol, and I assume it is a legal pistol, now and in the future. I also am assuming that if an ATF agent is "curious", that they cannot find anything illegal about this firearm due to the OAL and barrel length - even if they say it is a rifle, it would not be a SBR.

If you are going to reference ATF rules/regs/letters/etc. - please provide a cite URL.

This is not a hypothetical question - TIA.

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[uberguy]

Reply courtesy of The Gun Collective (TGC)

Ultimate Guide to AR Pistols - The Legal Brief! (YouTube)

Links for this episode: Handgun Definition - 18 USC § 921(a)

(29) https://www.law.cornell.edu/uscode/te... Rifle Definition - 18 USC §921(a)(7) https://www.law.cornell.edu/uscode/te... Handgun - 27 CFR § 478.11 https://www.law.cornell.edu/cfr/text/... Pistol - 27 CFR § 478.11 https://www.law.cornell.edu/cfr/text/... Firearm - 26 USC § 5845(a) https://www.law.cornell.edu/uscode/te... Firearm - 27 CFR § 479.11 https://www.law.cornell.edu/cfr/text/... Rifle - 26 USC § 5845(c) https://www.law.cornell.edu/uscode/te... Rifle - 27 CFR § 479.11 https://www.law.cornell.edu/cfr/text/... Short Barrel Rifle - 18 USC § 921(a)(8) https://www.law.cornell.edu/uscode/te... Short Barrel Rifle - 27 CFR § 478.11 https://www.law.cornell.edu/cfr/text/... Pistol - 27 CFR § 479.11 https://www.law.cornell.edu/cfr/text/... ATF Open Letter on VFGs https://www.atf.gov/firearms/docs/ope... Gripstop Determination Letter https://princelaw.files.wordpress.com... Magpul AFG Determination Letter http://blog.roninsgrips.com/wp-conten... ATF Ruling 2011-4 https://www.atf.gov/firearms/docs/rul...

 

[Alexx1401]

What I have kept hearing since this whole thing started is how was the lower originally sold. Was it sold as a rifle, pistol, or other.
Now what the ATF will do in the near future? They don't know what they are going to do so there is no way to guess.

 

[TTSX]

I think I've seen .22 revolvers with 16" barrels so the precedent is there for a rifle length pistol barrel. I tried figuring out the answer myself a good while ago and got nowhere, with the idea to have a "rifle" loaded in the vehicle.

 

[Stomper]

The answer is to live your life as a free citizen, and don't do stupid stuff that brings attention to yourself.

 

[The Heretic]

What I have kept hearing since this whole thing started is how was the lower originally sold. Was it sold as a rifle, pistol, or other.
Now what the ATF will do in the near future? They don't know what they are going to do so there is no way to guess.

This would be an other, and if it started as a handgun then it could be a rifle too if you put a buttstock on it (SBR if barrel is shorter than 16", GCA rifle if 16"+).