Query

Gary

SE Kansas
Suppose I have a AR 15 rifle, 223 16" barrel. Now suppose I were to buy a AR 15 complete upper with a 10.5" barrel. Could the complete upper be switched out and put on the AR 15 rifle lower and be in compliance with ATF ? OR would that now be a SBR and require a stamp?
 

Rick H

Well-Known Member
If your AR was originally a Pistol you could interchange uppers, but if your AR was originally a rifle.....putting a short upper on it is illegal, unless you pay the tax and get it registered as a SBR.
That is my understanding and interpretation of this weeks (or maybe this hours) ATF interpretation of the NFA laws about short barreled rifles.
I happened to purchase a TC Contender Carbine....not a pistol.....from a flexibility standpoint that was a mistake. I love it but wont put a short barrel or handgun stock on it.
 
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david s

Well-Known Member
I dont pretend to have a deep understanding of BATF thought process but if your AR was sold as a rifle putting a 10.5 inch barrel on it makes it a SBR. If it was sold as a pistol and you add a but stock it's also a SBR then also I believe. If you take an AR pistol and add an "Arm Brace" that happens to also fit your shoulder well your okay though. None of the above should be taken as gospel though as I really dont know.
 

david s

Well-Known Member
To be clear all of what I said above is based off the AR's trigger group being sold (registered?) in it's original configuration and only with a 10.5 inch barreled upper being added. I'm pretty sure I just made things worse.
 

popper

Well-Known Member
'If your AR was originally a Pistol you could interchange uppers, but if your AR was originally a rifle.....putting a short upper on it is illegal, unless you pay the tax and get it registered as a SBR. ' True but!
Can be 'other' or 'pistol', with buffer tube or brace ONLY. Also must be under 26" overall length (? collapsible brace collapsed). If getting one, fill out the form as pistol. Not all braces have a BATF 'letter' but this is being worked on IIRC. There are folding stocks, folding buffer tubes and other options out there, that could get dicey. Wildest one I've seen is a 5" barrel, 2" buffer tube, custom BGC in 223. Some have also gone AK style.
AR's trigger group being sold (registered?) ?? FA trigger group is a real expensive alternate!! BGC are sold as SA/FA variants but I've not seen any legal distinction.
Many bare lowers were sold as 'other' and can be either but once 'configured' they are pistol or rifle. Meant to be for bare actions, etc and very dubious definition. So basically stay away from it - was primarily for manufacturers/builders.
 
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david s

Well-Known Member
Sorry, by " trigger group" I meant "lower". The serial numbered part. I really was trying to pick my words carefully and not generate confusion. Fail.
 
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RBHarter

West Central AR
Then there's the stripped receiver sold undesignated , or as "other" .

Book notes say it was assembled without a stock assy on a blank pistol tube ........ That can with the springs , buffers , and tubes are here somewhere , the Flambeau box with all the spares is AWOL too .
 

RBHarter

West Central AR
I should probably clearify that I have no desire need or want of a pistol or SBR so what it is , is where it's at now .
No need for hanky panky and splitting hairs .
 

Gary

SE Kansas
RB hits close to my situation. I bought a stripped upper/lower combination from a fella (legally; he lives in the same state as I do) and I don't know if it was originally configured as a SBR, pistol, or rifle. I rebuilt the lower and now want to put a different upper on the top. I understand the different designation(s) of AR type firearms but wonder who or how anyone could tell by looking what the original intent of the AR Lower happen to be.
 

RicinYakima

High Steppes of Eastern Washington
In my state the lower will be stamped "multi" and registered as a "handgun". It must be configured as a "handgun", less than 16in barrel, no shoulder stock including collapsible, less than 26" oal and no vertical fore end grip. Or it can be a rifle, 16" barrel, over 26" long. No mix and matching of components. But this is under the States assault rifle law.
 

Kevin Stenberg

Well-Known Member
How about if say a person has a completed 80% lower with no printing on it?
I don't know anyone that has one. But just wondering. In Minn. an 80% is legal but not to transfer.
 
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RBHarter

West Central AR
Yes , Rick has it .
It has to be one or the other . +26" w/+16" barrel or no butt stock under 16" barrel , the particular parts might get sticky if they were readily available to the assembly .
 

Ian

Notorious member
There is a lot of misinformation on this thread. I suggest that anyine wishing to know the legality of anything regulated by the BATFE should consult their website (and regulations) for themselves. The address is W W W dot ATF dot GOV. After doing that, consult your STATE and LOCAL laws because often those are even more restrictive.
 

popper

Well-Known Member
As the 'new' owner, assume an 'other' as not assembled. In reality, only if you are in a situation that 4473 is looked up, whatever. If you have a single lower and rifle & pistol upper, ?.
 

Brad

Benevolent Overlord and site owner
Staff member
Yep, get it from the horses mouth.
I would want it in writing, it might hold up in court.
 

Gary

SE Kansas
Yep, get it from the horses mouth.
I would want it in writing, it might hold up in court.

Well Brad, that's the dilemma. From the mouth of Jackie Childs "that's arbitrary and capricious". I only shoot on my own shooting range and I could probably get by with whatever I decided to build. I'm working on a sweet deal but it's a short barreled upper. Guess I could get it and swap the barrel for a 16".
 

Tom

Well-Known Member
In my state the lower will be stamped "multi" and registered as a "handgun". It must be configured as a "handgun", less than 16in barrel, no shoulder stock including collapsible, less than 26" oal and no vertical fore end grip. Or it can be a rifle, 16" barrel, over 26" long. No mix and matching of components. But this is under the States assault rifle law.
Ric, I was unaware of this. Would the no stock thing include a brace in Washington?