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Posted By: David_Walter Lower question - 09/15/19
If I take the rifle upper off of a lower, and remove the rifle butt stock, is the lower an “other” even if I bought it configured as a rifle?

As in, can I assemble it into a pistol?

Like a contender carbine can be made into a contender pistol?

I’m asking because I thought I knew the answer.

Washingon State’s asinine “assault weapons” law, makes transferring a complete semi-automatic rifle trigger a 10 business day waiting period and a state-level background check on top of the FBI NICS.

I was just in a LGS, and they said if a person takes the upper off, the lower becomes an “other” and is exempt from the waiting period, and just has a NICS check.
Posted By: TWR Re: Lower question - 09/15/19
I'm just speculating here but if you bought it as a rifle, it was entered as a rifle and not a receiver and it will always be a rifle.

I'm not sure but even though TC went to court, no AR mfg did and if you buy a lower configured as a rifle, you cannot make it a pistol, correct or no?
Posted By: David_Walter Re: Lower question - 09/15/19
That’s what I thought, as well.

But, an other can be made into a pistol or a rifle.
Posted By: TWR Re: Lower question - 09/15/19
A receiver sold as a receiver only can be logged in as other or receiver but I don't think once it was logged in as a rifle it can be changed.

But I've not kept up with things.
Posted By: antelope_sniper Re: Lower question - 09/15/19
Originally Posted by TWR
A receiver sold as a receiver only can be logged in as other or receiver but I don't think once it was logged in as a rifle it can be changed.

But I've not kept up with things.


This is how I understand it. If first configured as a rifle it's always a "rifle".
Posted By: 5thShock Re: Lower question - 09/15/19
Taking something off the lower does not re-define it.
Posted By: David_Walter Re: Lower question - 09/15/19
That’s my understanding as well.

However, this seems to suggest a stripped receiver is a stripped receiver no matter what it once was.

https://www.quora.com/At-what-point...-long-gun-when-filling-out-the-form-4473
Posted By: antelope_sniper Re: Lower question - 09/15/19
Originally Posted by David_Walter
That’s my understanding as well.

However, this seems to suggest a stripped receiver is a stripped receiver no matter what it once was.

https://www.quora.com/At-what-point...-long-gun-when-filling-out-the-form-4473


The status as a "receiver" ends upon assembly into a completed firearm. How it's first configured defines it going forward. The simple solution it to first assemble you new builds from a stripped lower as a pistol first, so you can return to that configuration in the future.
Posted By: David_Walter Re: Lower question - 09/15/19
Then there is this:

https://www.atf.gov/file/55526/download
Posted By: Tyrone Re: Lower question - 09/15/19
Lowers are so cheap I wouldn't even fug around with it. Spend the $40 on a new poverty pony.
Posted By: TWR Re: Lower question - 09/15/19
I get so confused reading ATF stuff but I still read it the same, once a rifle, always a rifle.
Posted By: DakotaDeer Re: Lower question - 09/15/19
I've understood it as: if it has ever been on a form with that serial number as a "rifle" or "long gun," then it is always such. Thus, it cannot be legally made into a pistol now.
Posted By: jeeper Re: Lower question - 09/16/19
Originally Posted by antelope_sniper
Originally Posted by TWR
A receiver sold as a receiver only can be logged in as other or receiver but I don't think once it was logged in as a rifle it can be changed.

But I've not kept up with things.


This is how I understand it. If first configured as a rifle it's always a "rifle".


This is how my ffl holder explained it to me recently.
Posted By: Yondering Re: Lower question - 09/16/19
Originally Posted by DakotaDeer
I've understood it as: if it has ever been on a form with that serial number as a "rifle" or "long gun," then it is always such. Thus, it cannot be legally made into a pistol now.


This is correct.
Posted By: Hudge Re: Lower question - 09/18/19
Originally Posted by Yondering
Originally Posted by DakotaDeer
I've understood it as: if it has ever been on a form with that serial number as a "rifle" or "long gun," then it is always such. Thus, it cannot be legally made into a pistol now.


This is correct.


That is correct, I confirmed this last month with my local FFL.
Posted By: boatboy Re: Lower question - 09/18/19
I hear the term often "virgin Lower" when building a pistol


Rifles have to stay rifle
Hank
Posted By: g5m Re: Lower question - 09/18/19
Apparently, according to several ffl's, if it EVER had a rifle stock on it or was papered as a rifle it is always a rifle. You could SBR it, of course.

Just buy a new lower receiver only, or a pistol lower.
Posted By: David_Walter Re: Lower question - 09/18/19
That last one is wrong.

If it was ever sold with a rifle upper on it, it’s a rifle.

If you bought the stripped lower, it’s whatever you have it legally configured as. Pistol to rifle, rifle to pistol.

The lower is an other until it is sold in some configuration
Posted By: boatboy Re: Lower question - 09/18/19
Originally Posted by David_Walter
That last one is wrong.

If it was ever sold with a rifle upper on it, it’s a rifle.

If you bought the stripped lower, it’s whatever you have it legally configured as. Pistol to rifle, rifle to pistol.

The lower is an other until it is sold in some configuration


I think the important work is stripped
If you went on PSA and ordered a complete lower
Even without an upper it still will ship as a rifle lower and that's the end

Hank
Posted By: Yondering Re: Lower question - 09/18/19
Originally Posted by boatboy
Originally Posted by David_Walter
That last one is wrong.

If it was ever sold with a rifle upper on it, it’s a rifle.

If you bought the stripped lower, it’s whatever you have it legally configured as. Pistol to rifle, rifle to pistol.

The lower is an other until it is sold in some configuration


I think the important work is stripped
If you went on PSA and ordered a complete lower
Even without an upper it still will ship as a rifle lower and that's the end

Hank


Hank that doesn't match my experience, even specifically from PSA as you mentioned. All of the lowers I've bought from them (some stripped and some complete with stocks) were transferred as "other"; they are not a complete firearm without an upper and should not be transferred as such. I have heard of a dealer or two who transferred lowers as "rifles" but they are doing it wrong.

David, you are correct in that comment above. As long as it didn't start as a rifle on paper, it can go from pistol to rifle and back to pistol again.
Posted By: David_Walter Re: Lower question - 09/18/19
Originally Posted by boatboy
Originally Posted by David_Walter
That last one is wrong.

If it was ever sold with a rifle upper on it, it’s a rifle.

If you bought the stripped lower, it’s whatever you have it legally configured as. Pistol to rifle, rifle to pistol.

The lower is an other until it is sold in some configuration


I think the important work is stripped
If you went on PSA and ordered a complete lower
Even without an upper it still will ship as a rifle lower and that's the end

Hank


Unless you order their pistol complete lower
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