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Old April 7, 2017, 04:53 PM   #8
carguychris
Senior Member
 
Join Date: October 20, 2007
Location: Richardson, TX
Posts: 7,523
Quote:
Originally Posted by dallasb
Keep in mind that once a rifle always a rifle, it can never be considered a handgun.
This is a commonly parroted misconception. As explained in this letter from the ATF, my added explanation in [brackets].
Quote:
...a firearm, as defined by 26 U.S.C. 5845(a)(3) and (a)(4) [i.e. an NFA firearm], is not made when a pistol is attached to a part or parts designed to convert the pistol into a rifle with a barrel of 16 inches or more in length, and the parts are later unassembled in a configuration not regulated under the NFA (e.g., as a pistol).
IOW you CAN lawfully take apart a pistol, assemble it into a non-NFA rifle (shoulder stock, barrel or barrels 16" or longer, OAL 26" or longer), take it back apart, and reassemble it as a pistol again... IF the firearm started out as a pistol.

This is why items like the Beretta Neos Carbine Kit and Mechtech Glock CCU can be sold without a tax stamp.

Here is what you CANNOT do without invoking the NFA.
  • Take apart a pistol and assemble it into an SBR (shoulder stock, barrel or barrels less than 16", OAL less than 26"). This includes creative misuse of the pile of parts discussed above.
  • Take apart a firearm that started out as a rifle and assemble it into an SBR. I'm making this obvious assertion to point out that this includes weapons offered in both rifle and pistol configurations (e.g. Ruger 10/22); if you want a "two-in-one" with no tax stamp, you should start with the pistol.
  • Take apart a firearm that started out as a rifle and assemble it into pistol, again with creative misuse of that pile of parts. This includes a weapon purchased as a virgin stripped receiver or barreled action and FIRST assembled into a rifle. Again, if you want a "two-in-one," start with the pistol.
Quote:
Originally Posted by ShootistPRS
The trick is that the stock can not be made so it can be used with the short pistol barrel. The barrel is 22" long.
Quote:
Originally Posted by dakota.potts
Not to go off the topic, but I do not believe this part is true... Otherwise everybody who owned an AR that went from pistol to rifle would be illegal because the stock can be attached with the short barrel... You cannot attach the stock with the short barrel and you can't have any parts that don't have a legal use.
I'm with Dakota on this one. AFAIK certain stocks are made in this manner for CYA reasons by the manufacturer, and not because of any cut-and-dried legal or regulatory requirement.

As another case in point, the aforementioned Beretta Neos Carbine Kit can be readily assembled into an SBR configuration. The same goes for similar kits from Thompson/Center. The kits themselves are perfectly legal to own; it's just not legal to use them in a certain way. Kinda like the Anarchist's Cookbook or various Al-Qaeda and Daesh training manuals.

Disclaimer #1: I am not a lawyer, nor do I play one on TV. This is not legal advice. Caveat emptor and YMMV.
Disclaimer #2: If you are reading an archived version of this post long after it was written, be aware that ATF interpretations are notorious for sudden and drastic changes. I strongly advise searching for more up-to-date guidance.
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