In the past I have been firmly disinterested in an AR pistol in any caliber.
However, ATF interpretations as they are currently, the availability of different length buffer tubes and/or adjustable braces, and the ability to travel across state lines easier than an SBR (I am aware that an AR pistol will cost as much or more than an SBR) have caused me to recant my previous position.
I have searched and have been unable to get a DEFINITIVE answer and source for the question…
Does the lower receiver need to say “pistol” on it to be made into a pistol legally? Can it have been a stripped receiver that has never been a rifle and was listed as “other” on the 4473?
I am aware that it can not have previously been a rifle.
Thank you for your kind assistance.
Lastly and as an aside that could be saved for a separate thread if the mods feel appropriate, what would be your recommendation for a dedicated Glock mag (9mm) lower?
Lowers should be transferred as others. It’s been that way for a long time. Once you have said lowers, it may be assembled how you want. Your state may have certain requirements, but as a rule lowers marked pistol are nothing but a gimmick.
How do you know your Lower was transferred as other? That is something the store marks and they seem to not have any requirement to show the form back to you. I agree it should be done like that, but how does a person know if it was done right? If you don’t know, are you accountable to that mistake if marked something else? I’m just asking because I don’t know how mine were transferred…
Marking a lower “pistol” is just to deprive you of your money. It has no legal bearing whatsoever.
It should be transferred to you as a “receiver” or “other”, as that is the correct way. However, legally, how the receiver is transferred also has no bearing on what you build with it. The store can mark it “rifle”, and you can take it home and build a pistol with it, and you are fully legal.
Once it has been built into a rifle, it cannot legally be converted into a pistol. This requires BOTH a stock, and a barreled upper containing a 16" or longer barrel. If you put a pistol buffer and an upper with a 16" or longer barrel on it, it not a rifle. If you put a stock on it, but have not put a barreled upper on it, it is still a “receiver”.
Yes, that means that you can buy a stocked lower, and as long as it’s never had a barreled upper on it, it is just a “receiver”. You can remove the stock and build a pistol with it.
How would atf test this? They contact the manufacturer, give them the serial #, and ask how they assembled it, and how did it leave their possession. If it left as any of the above, it was a “receiver”, plain and simple.
I have it explained this way by two atf senior investigators, and an atf attorney.
A big problem I see is new complete Colt, BCM et al lowers for sale from many sources, none of which I have seen state that it was not a take-off from a new rifle.
If purchased or transferred through a FFL dealer, couldn’t they mark it as other since it’s just a lower? Lets say someone buys a complete AR then parts it out one day. You buy the lower from out of state and your FFL marks it as “other”, with both of you unaware it was originally a complete rifle. You build an AR pistol and end up using it in a HD situation. Would the original configuration come up with a serial number check and put you in BATFE hell?
I spent very little time behind the front counter, so I didn’t spend a bunch of time with the 4473.
I did spend time with the nfa handbook, and confirming questions posed by the shop owner/customers.
Technically, no, since it left the factory as a rifle.
You don’t hear too much of people being busted for this. But then, you don’t hear too much of people being busted for 922r violations either. But, if you’re already being taken down for something, it does make for a nice additional charge.
So, personally, I probably would not build a pistol out of a used lower, but I wouldn’t worry about using a new one.
I too have a spreadsheet indicating all my purchased lowers had been marked as “others” and that they all had been fitted with a phase 5 pistol tube as their first form.
Nonetheless, way to many what ifs. If it’s marked other when you buy it, great. Build it out. Not sure what the store marked it and already bought it? Throw a pistol tube on it and move on. As long as it’s never been fitted with a stock, it’s never been a rifle*.
I remember the first time IG had to put me in my place over constructive intent. Boy have I come a long way.
I have bought 3 stripped Glock mag lowers. Never got asked what caliber, or if it was going to be a pistol or rifle. One got built into a pistol with the KAK tube. The other two are waiting to be built.
Just for fun… And kind of the opposite side of the discussion…
Say you buy a complete Colt “M4 Carbine” lower. I’m talking about the spares that are currently sold from various sites. These Colt lowers have the side of the receiver stamped “M4 Carbine”. Or perhaps a “Stoner Rifle” stamped stripped lower. The Colt receivers, complete with stock, are transferred as “Other”.
So, would you feel comfortable building a pistol out of a receiver that is stamped “M4 Carbine” (or anything Carbine/Rifle for that matter) given that it’s legal to do so?
(correct me if I’m wrong on the legality of it - with code reference. I’ve not see anything regarding wording on a receiver.)
But since colt did not sell stripped lowers or make pistols (AFAIK), that specific receiver was most a likely a rifle at some point, so legally I would not use THAT receiver.
According to the folks at TOS who contacted Colt, the complete Colt lowers that Brownells is selling were marked as “lowers” in Colt’s books, so they would be G2G for a pistol build. But for a long time, Colt didn’t offer them separately, so it wouldn’t be a bad idea to call them and verify the SN to double check if you’re unsure.