The Firing Line Forums - View Single Post - 8-10" upper receiver on stripped lower

rjrivero · June 12, 2012, 10:45 PM

Dave Hineline has it right.

A receiver is transferred on a 4473 as "Other." Doesn't matter if it's stripped, or has the LPK put in it or even if it has a stock on it. Until it's built into a "complete" firearm, it's a receiver, and transferred on a 4473 as "Other."

Therefore, you can build it into any complete firearm you would like to build it into. If you want to build it into a pistol, go ahead and build it into a pistol. Even if you have to take the stock off of it you are allowed to do so. (per the letter tepin posted above.)

If you buy a stripped lower, and build it into a PISTOL FIRST, then you can go ahead and re-configure it into a LEGAL RIFLE. You are then free to convert it back and forth from pistol to rifle and back again as you wish. (See ATF Ruling 2011-4)

The question then comes up: How do you PROVE the build was a PISTOL FIRST?

I recommend taking a picture of the firearm using todays newspaper as a backdrop. That way you have visual proof of the date you built the pistol. The burden to refute this is much harder. Even better, IMVHO, is to also take a short video of the built pistol that zooms into the serial number, and back out to the newspaper backdrop, showing the date clearly.

To best avoid "sticky issues" I always make it a point to transfer my lowers through a FFL/SOT (aka Class III Dealer) who is familiar with NFA rules and regulations. That way you know for sure your transfer is logged correctly, and they can help you wade through these grey areas of NFA nuance.

I believe the 2011-4 Opinion letter makes moot the constructive possession issues for an illegal SBR as well, but be advised, I am NOT a lawyer, and none of this is legal advice.

June 12, 2012, 10:45 PM	#6
rjrivero Senior Member Join Date: November 17, 2008 Location: NW Ohio Posts: 1,399	Dave Hineline has it right. A receiver is transferred on a 4473 as "Other." Doesn't matter if it's stripped, or has the LPK put in it or even if it has a stock on it. Until it's built into a "complete" firearm, it's a receiver, and transferred on a 4473 as "Other." Therefore, you can build it into any complete firearm you would like to build it into. If you want to build it into a pistol, go ahead and build it into a pistol. Even if you have to take the stock off of it you are allowed to do so. (per the letter tepin posted above.) If you buy a stripped lower, and build it into a PISTOL FIRST, then you can go ahead and re-configure it into a LEGAL RIFLE. You are then free to convert it back and forth from pistol to rifle and back again as you wish. (See ATF Ruling 2011-4) The question then comes up: How do you PROVE the build was a PISTOL FIRST? I recommend taking a picture of the firearm using todays newspaper as a backdrop. That way you have visual proof of the date you built the pistol. The burden to refute this is much harder. Even better, IMVHO, is to also take a short video of the built pistol that zooms into the serial number, and back out to the newspaper backdrop, showing the date clearly. To best avoid "sticky issues" I always make it a point to transfer my lowers through a FFL/SOT (aka Class III Dealer) who is familiar with NFA rules and regulations. That way you know for sure your transfer is logged correctly, and they can help you wade through these grey areas of NFA nuance. I believe the 2011-4 Opinion letter makes moot the constructive possession issues for an illegal SBR as well, but be advised, I am NOT a lawyer, and none of this is legal advice.