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The lower does not need to be marked "pistol" in any way, shape, or form. The crux of it is that a serialized lower used as a pistol must NEVER have been part of a rifle either from a manufacturer, or if built from a serialized stripped lower (which is a "firearm") and subsequently sold as a rifle (and listed as such) on a form 4473, then it would become an SBR if you put a <16" barreled upper on it. Once it's a rifle, it's ALWAYS a rifle.
If the serialized lower has only ever been sold as a "firearm" (or subsequently sold as a "pistol") on a form 4473, you may legally install a >16" barrel on it and go back to a <16" barrel on it w/o issue, HOWEVER it may not have a buttstock installed on it at the same time as a <16" barrel as that would make it a SBR.
Having said that, the major components that constitute an AR pistol are:
1. Non-rifle lower.
2. <16" barrel.
3. Buffer-tube (with or with an arm-brace/stabilizer).
4. NEVER having a legally defined/determined buttstock.
Hope that helps!
Soon as I can afford it, I am going to add one of these to my 10.5" pistol build. It should bring it well over 27" so it will become just a "firearm", rather than a "pistol" opening up a bunch of options, mainly front grips.
DFA Modified Cycle System - RIFLE CALIBER - with Right Side Folding Stock Adaptor | Dead Foot Arms LLC
I really like the system, that allows full function, folded.
I thought that if it has a barrel less than 16" you cannot put a rifle stock on it... no matter what the overall length is.
Why yes, actually the maingrip does exactly that on the build I posted... GL/SSC:TNG isn't going to need to fit in a briefcase for discreet carry (the concept is a Bedside/House Gun, while Mk 18 Mod Briefcase is more Vehicle/Bugout Bag/PDW) so I'm thinking stick with fixed there.And the thing that goes up LOL