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AR pistol question

Discussion in 'Legal & Political Archive' started by nwdrifter, Jan 30, 2013.

  1. nwdrifter

    nwdrifter troutdale oregon Active Member

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    I asked this in another thread but thought it would be better here.

    I read how its a no no to put a pistol upper on a rifle lower

    Ok here is a question.

    I bought a finished AR pistol used from a private seller, how do i know if the lower was registered as a rifle or a pistol and i am illegal with this pistol?

    I dont need to get caught in some issue because the last owner did something bad and i am in possession of something i didnt know about..


    It would be nice to make sure he didnt take a lower off a rifle and build a pistol with it
     
  2. handgunner

    handgunner Arlington, WA New Member

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    I think as long as you have no butt stock, or any type of foregrip handle, you are okay. ATF has some good FAQ pages on this subject.
     
    chariot13 and (deleted member) like this.
  3. Squidly

    Squidly Sandy Active Member

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    What handgunner said. There is no registration for either configuration, just don't get it wrong.
     
  4. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    Don't some of the pistol lowers come stamped "Pistol"?
     
  5. NOMOREBS

    NOMOREBS vancouver Member

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  6. nwdrifter

    nwdrifter troutdale oregon Active Member

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    that's allot of reading, lol , I will read more tomorrow

    I still cant find how i can tell if the reserver was sold as a rifle, pistol or striped lower to the original owner.

    But again i will read more tomorrow

    Thanks
     
  7. telero

    telero Salem area, Oregon Bronze Supporter Bronze Supporter

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    First place to check would be the manufacturer. If they will tell you that the serial number was originally sold as a pistol or stripped lower that would be good. If they say it was a rifle, that's bad. Hopefully they would tell you something. If they say it was a stripped lower then to really cover yourself you'd want to see the 4473 to see if it was transferred as a rifle, pistol, or other. I doubt that will be possible. If it were somehow possible and you found that it was transferred as an other (stripped lower), you'd maybe want an affidavit from the original builder affirming that it was first built as a pistol. It would still worry me not being the original owner or not having documentation from the manufacturer that it was made as a pistol.
     
    NOMOREBS and (deleted member) like this.
  8. NOMOREBS

    NOMOREBS vancouver Member

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    Agreed
     
  9. chariot13

    chariot13 Near Eugene/Springfield Well-Known Member

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    Some of the newer pistols like bushmaster carbon 15 says pistol on the lower receiver. Many of the older pistols dont say it. You should be safe as long as you dont put a buttstock on it or a vertical foregrip up front. Use a sling around your neck & put pressure foward on the gun & it will greatly improve accuracy.
     
  10. nwdrifter

    nwdrifter troutdale oregon Active Member

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    Its an Aero precision lower with no rifle or pistol markings, i emailed aero, so hope they have an answer on how it was sold. I thought Aero only sold stripped lowers but i dont want to get jail time over some stupid law on a gun i didnt build
     
  11. KCB

    KCB Hillsboro Active Member

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    You can legally have a Magpul AFG as a foregrip on an AR pistol FYI
     
  12. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    Uhhh,so why would you buy the gun then? I'm confused.

    And are you planing on changing it? If it is configured as a pistol AND YOU DON'T SHOOT ANYONE with it,there should never be an issue,no?

    Other options are get a tax stamp and make it a SBR or put a 16"+ upper and a stock on to make it a proper rifle. (pistol to rifle is cool)

    But it baffles me as to why you bought it in the first place without asking these questions.
     
  13. nwdrifter

    nwdrifter troutdale oregon Active Member

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    Maybe because to the regular Joe like me a lower is a lower pistol rifle whatever. who knew there was some stupid law that says a lower can be made into a rifle or pestol but if a lower at any time ever had a rifle barrel mounted you could never put a pistol barrel on i again. How the hell is some non AR nut ever supposed to know such a crazy law is out there.
    I just want to cover my a$$.i dont need some jack booted fed checking it at a range and getting lcking me up for 3000 years on soe gun laws.
     
    mjbskwim and (deleted member) like this.
  14. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    Lets see here.

    Guns can ONLY be transferred (since there is NO registration) as long gun (if built as one), as Handgun (if built as one) or Other (if not built into a pistol or rifle). So even a complete lower with buttstock is still an "Other" as it does NOT meet the definition of a long gun.

    Just because a receiver is stamped with "pistol" on the side does not legally make it a pistol. They are meaningless words from a legal stand point.

    You CAN LEGALLY make a pistol to a rifle and back but you can not make a rifle into a pistol ever legally.
     
    mjbskwim and (deleted member) like this.
  15. rdb241

    rdb241 Puyallup Washington Gold Supporter Gold Supporter

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    If my memory is correct. If you start with a stripped lower, you can legally go any way you want and back again. You just can't have the pistol upper with a butt stock.
     
  16. ARKLITE881South

    ARKLITE881South USA Well-Known Member

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    yes
     
  17. ScorpioMk

    ScorpioMk Bothell Member

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    That makes more sense, I got what you were saying but to someone new it might be hard to understand. And the part about buying a completed lower that wasnt finished into a rifle is good for people to know.

    If aero tells you that it was sold as a stripped lower, and the dealer that sold it isnt a 07 or 10 ffl it doesnt matter what they transferred it as, because even if they put rifle on the 4473 it wasnt actually a rifle. If the dealer is a manufacturer and they completed it as a rifle, paid the excise tax on it and then sold it I dont know how atf would see that.
     
  18. nwdrifter

    nwdrifter troutdale oregon Active Member

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    Everything i have read from batf says if a lower ever had a rifle barrel attaching it can not only be a rifle and never a pistol again.

    By the way i got an email back that it was sold as a stripped lower so i feel better now
     
  19. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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