new BATF regs regarding pistols and rifles

[comp73]

I came across this little tidbit from the ATF and thought this can't be a good thing, then I read it, twice. If I'm reading this correct, I can convert a pistol to a rifle and then back to a pistol without having to NFA/register the weapon. however, if I have the parts laying around to convert the pistol into an SBR, its illegal?

Example:
I have a stripped ar lower that I build into a pistol. I then decide I want to convert it to a rifle, so i purchase the parts needed (stock, barrel, etc) to do so. By having a "stock" laying in close proximity to a pistol barrel and a stripped lower, am I in violation of NFA due to an SBR?

[RECIT]

You read it correctly. That is intent in their eyes.

[srothstein]

I read it a little differently. If you have the parts to convert a pistol to a rifle and it has two barrels, one shorter and one longer than the 16 inch rule, it is only an SBR when the rifle stock and shorter barrel are both on the weapon. If you are careful to put the longer barrel on before putting the rifle stock, and then take the rifle stock off before changing to the shorter barrel, you have not violated the rule. If you do actually make the rifle with the shorter barrel, or only have the shorter barrel and the rifle stock near the pistol, then you have the SBR.

The interesting part to me will be what this does for AR frames. If I buy just a frame, I can go back and forth between rifle and pistol all I want if I build the pistol first and am careful on the construction order. If I build it as a rifle first, I am restricted to it forever being a rifle though.

This could be interesting to enforce.

[Middle Age Russ]

I read it the same way as Steve Rothstein in the post above. ARs -- or any other platform allowing the use of an upper including the barrel and a lower that might or might not have a stock -- pose an interesting conundrum for enforcement of said rule. It seems like the following would hold true:

Complete AR purchased as a pistol -- can be converted to a rifle by adding a stock to the lower and affixing an upper with >= 16" barrel, can be converted back to pistol by reversing the process, must not ever have an upper with < 16" barrel on a stocked lower unless the owner has paid the tax, endured the wait, and registered the it -- the lower is the part registered since it has the serial number -- as an SBR.

Complete AR purchased as a rifle -- may not be converted to a pistol legally, can only have a <16" barrel if registered as an SBR.

Lower and Upper purchased separately -- can legally build a pistol (no stock and barrel <16") or rifle (stock and barrel >= 16") or change from one to the other (this could be argued to be a one way deal as Steve suggests), no combination of stock and barrel <16" is legal unless lower is registered as SBR. Note: if you build an SBR AFTER -- never before -- getting the lower registered, it is my understanding that you must have the owner's name engraved on the lower. Purchased complete SBR's do not require this.

All this said, since a bureaucracy is both making and enforcing rules in this regard, having components or completed firearms for BOTH a pistol and rifle AR in the same location sounds like it might be a risky proposition unless you have registered a lower as an SBR. Do so at your own risk. If I come off as an alarmist in saying this, it is simply because I am alarmed by some of the reports we have heard recently.

[rm9792]

This to me is much ado about nothing though. This is something the ATF cant possibly ever know about unless tipped off or something else happens. You take an AR pistol to the range, shoot then come home and put it into a rifle config and go back, how in the heck would anyone ever know? Just about all of us have the parts for a silencer yet we are not busted en masse for for failure to register. I also assume that every one with an AR pistol likely has a rifle as well. Is the ATF busting down doors or even sending friendly postcards that you "can" make an SBR now so you must register? I did jump thru the hoops for an SBR and a Suppressor but I cant convert my rifle back and I do take it out as I do the suppressor. However I have hundreds of the washers and several more maglite I used to make the suppressor so am I in violation by having parts for more? A lot of these laws are there for additions to other crimes so you neednt worry about it. If i had a pistol then put a stock and 16" upper to go varminting I am not losing any sleep over it when i put the config back to pistol at home later. There is no legal or moral basis for these silly regs so my conscience is clear.
Also "A firearm, as defined by the National Firearms Act (NFA), 26 U.S.C. 5845(a)(3), is made when unassembled parts are placed in close proximity in such a way that they: (a) serve no useful purpose other than to make a rifle having a barrel or barrels of less than 16 inches in length; or (b) convert a complete weapon into such an NFA firearm."
Parsed:
(a) says "serve no useful purpose other than to make a rifle" and you do indeed have another useful purpose.
(b) says "(b) convert a complete weapon into such an NFA firearm" You have not converted a complete weapon.
"A firearm, as defined by 26 U.S.C. 5845(a)(4), is made when a handgun or other weapon with an overall length of less than 26 inches, or a barrel or barrels of less than 16 inches in length, is assembled or produced from a weapon originally assembled or produced only as a rifle." Unless you do it, it is not done. nothing here about "can be done".