Help - Rifle Lower to Pistol Lower Question

General Firearms NFA
1

Please only post if you know, not if you think… Have searched quite a bit and found a few dated ATF letters and threads, but am still looking for a little more insight and more current answer. Here is the scenario:

I want to build an AR pistol while I wait for my stamp.

I have a factory complete BCM AR15 lower with stock that is brand new, purchased directly from a retailer, and has NEVER had an upper mounted on it, therefore it has never been made into a rifle. This last part is key - the fact that even though it was marked on the 4473 as a rifle, as it had a stock, it has never actually become a rifle as an upper was never mounted…

My understanding is that I can remove the stock from 6-position carbine buffer tube before an upper is ever mounted, get rid of the stock from my possession, and then mount an NFA upper (11.5") to create a legal pistol.

After these steps, it is my understanding that I do not need to remove the 6-position carbine buffer tube and install a pistol buffer tube to make it a legal pistol as long as I do not own a spare loose stock and it has still never been made into a rifle (mount an NFA upper while stock is installed).

It is my understanding that I also do not need to modify the 6-position carbine buffer tube to not accept a stock as long as I do not own a spare stock.

Is this all true?

Yes I know leaving a carbine buffer tube will look stupid, yes I know just installing a pistol tube would be obviously the best choice and yes I know AR pistols are somewhat pointless, but that is not what I am asking. This lower will be SBRed so the pistol is just for the time-being.

Thanks for the help.

2

Never mind. Not sure

My understanding is that if it’s marked “long gun” instead of “other” on the 4473, it’s a rifle forever and you can’t make a pistol out of it. What was marked down in box 29 on the 4473?

3

As it had a stock, they marked it as rifle.

But it is my understanding that as long it hasn’t actually ever been made into the NFA definition of a rifle (mounting an upper while the stock is in place), this leaves it eligible to be built as a pistol.

4

This isn’t really the response you want, but it’s my understanding that once the lower is labeled as a rifle/long gun (which it has been) or has been assembled into a lower for a rifle (regardless of whether an upper has been put on it) then it’s legally a rifle and can not be remade into a pistol.