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Old January 22, 2013, 01:11 PM   #31
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Join Date: November 2, 2007
Location: Northern Orygun
Posts: 4,923
Originally Posted by Levant
Originally Posted by tahunua001
every stripped lower reciever is classified as a pistol unless the person buying is under 21 in which case by law they can only sell rifles and sell them as such. nobody is going to blink twice at an AR in pistol configuration.
I realize that this thread is slightly (just) dated but I want to clear this up. From the BATFE letters I have seen, this statement is false. Stripped lowers are Other. They are a firearm but are neither a rifle nor a pistol until you build it. If you build it as a rifle, it is always a rifle. If you build it as a pistol, it is a pistol (don't think I've heard anything from the BATFE on the "always" part for the pistol.

I just don't want folks to make incorrect assumptions about slight technicalities that can get you 10 years in prison.

There are plenty of letters on the topic directly from the BATFE. I'd search them out and make my decision from those rather than from an Internet forum thread.
If the initial build using a "other" transferred lower is rifle it's always going to be a rifle. If the initial build is a pistol it can be used as either a rifle or pistol, and be changed back and forth.. This is a result of a court case by TC Arms.

This has been discussed at length at arfcom in the pistol section. All the ATF letters are posted there that confirms this.

I make it a point to use a pistol RE on all new builds, pin my pistol upper on and photograph.
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