It will come as a shock to no one here that I like guns and have a number of them. It is my intention to build an AR-15 pistol.
Most of you are probably familiar with the AR-15 as a rifle. As a rifle, it must have a barrel of at least 16″ in length and have an overall length (OAL) of at least 26″. If either of those dimensions is not met, then it is a Short Barrel Rifle (SBR) and regulated under the National Firearms Act and subject to a $200 tax. Such are called a NFA weapon, subject to tax and ATF approval. The other kind of weapon is a GCA weapon, regulated by the Gun Control Act of 1968.
Before building a NFA weapon, you must have submitted paperwork to BATFE, the Bureau of Alcohol Tobacco Firearms and Explosives (or just ATF to old-timers) and paid the tax, received permission to build it and only then may you proceed to build a rifle with a barrel of less than 16″ or OAL less then 26″. Failure to get proper permission and pay the tax before making a NFA weapon can land you in jail for 10 years.
Yes, 10 years in the pokey over a $200 tax.
There are two ways to build a short barrel rifle (SBR):
1) Buy a regular AR-15 rifle (OAL 26″ or greater, barrel 16″ or greater, a GCA weapon) and apply for permission, noting the GCA rifle’s serial number on the application, pay the tax and wait until ATF approves the build. Approval takes, currently, 5-6 months. Then, and only then, with the approved tax stamp paperwork in hand, you can remove the barrel and attach one with a length of less than 16″ or otherwise shorten the OAL to less than 26″.
or
2) Buy a stripped AR-15 lower receiver (this is the serial-numbered and registered part of an AR-style weapon, and is a GCA “weapon” that must be purchased through a FFL, a Federally Licensed Firearms dealer, noting the lower receiver’s serial number on the application, pay the tax and wait until ATF approves the build. Then, and only then, with the approved tax stamp paperwork in hand, you can assemble a rifle of less than 26″ OAL and/or with a barrel of less than 16″ length, a NFA weapon.
Note that a copy of the tax stamp must be kept with the NFA weapon at all times, to prove you have paid the tax and gotten permission to build it. An NFA weapon cannot be loaned, without your accompaniment to anyone else. When it is used, you must always be present. That’s how dangerous these things are!
So, if I want to build a SBR with a barrel of, say, 7.5″, I have to apply, pay the tax, wait for approval.
But I can build an AR-15 pistol with a barrel of 7.5″ and I can do it today, if I had the parts. Perfectly legal.
“Pistol” is not defined anywhere in legislation. It is defined only in ATF implementing regulations. A pistol is designed to be fired with one hand, a rifle is designed to be shoulder fired, and thus has a stock.
What determines whether a weapon is a rifle or a pistol is how it was “originally” built. If it was originally built as a rifle, it is forever and always a rifle in the eyes of ATF. If it was originally built as a pistol, it is forever and always a pistol in the eyes of ATF. **
So, I have to ensure that when I build my pistol, it will be a “pistol” from the get-go in the eyes of the law. I am currently wrestling with the question: “When is a weapon sufficiently made originally so as to gain its permanent ‘pistol’ or ‘rifle’ designation?” When is it far enough along that the label sticks?
If I start with a stripped lower receiver, and ensure that a stock never comes near it, then attaching an upper receiver with a 7.5″ barrel makes it a “pistol”. Just what I want.
Given that it’s to be a pistol, held and fired with one hand, I want it to be lightweight. I’ve found a polymer lower receiver with a polymer trigger group but it comes, unfortunately, with a stock. No upper or barrel, but with a stock. Does the fact that it comes with a stock make it a “rifle” already, even though it cannot fire?
Or can I buy this lower receiver, remove and discard the stock and build it into the pistol I want? Is it already a “rifle” because of its stock?
When buying a GCA weapon, you fill out an ATF Form 4473. The form has check boxes for “Pistol”, “Rifle” and “Other”, “other” being the designation a receiver would have. If I buy this lower receiver (which has a stock), will it be listed as “rifle” on the form 4473 or as “other”, which is how a stripped lower receiver would be designated? The manufacturer determines which box is checked. It is not up to me. (Edit: Turns out, “other” is how it comes.)
So, until I find out whether I can remove the stock and use the receiver to make a pistol, I cannot proceed. (Edit: Yes, I can.) Has it “originally” been made already, or will I be the maker? Or should I forget about this stocked receiver and buy a different brand, that has no parts installed at all? The later would be safest but I like the stocked receiver’s reviews. (Edit: the weapon is “made” when the barreled upper receiver is fitted to the lower receiver. This means that I can buy the lower receiver with a stock, remove the stock and use the receiver to built a pistol.)
Now, here’s where it gets interesting. Sig Sauer makes a stabilizing brace for AR-15 pistols that looks an awful lot like a stock — the SB-15. Picture a fat, hollow rifle stock. The user’s arm is inserted lengthwise through the stabilizing brace and the pistol grip is grasped. There are Velcro straps to tighten the stock to the shooter’s arm. Much of the job of supporting all that weight forward of the pistol grip is transferred from the hand to the forearm. It was invented by a war vet who wanted to make it easier for disabled vets to hold their AR pistols. Terrific device. And ATF has ruled it legal. The question was asked: what if the user puts the rear of the brace against his shoulder and uses it in a manner other than that for which it was designed? What if they use the brace like a rifle stock?
ATF says the pistol is still a pistol and the designation applies to how the weapon was originally made, not how it is used. Not surprisingly, many people see this as a way around the tax, paperwork and regulation under NFA. I.e., build an AR pistol, equip it with a Sig brace and you are perfectly legal. You effectively have a SBR not subject to the NFA. It is a GGA weapon, not an NFA weapon. Sig braces are flying off the shelves.
Of course, this is government; this is ATF, they can simply change their mind about the brace. If that happens, it’s simple enough to remove and discard the brace. It’s still a pistol. (Edit: As it happens, this is exactly what happened. Shortly after building my pistol with a Sig Brace, I learned that ATF decided that shouldering a pistol with a Sig Brace constituted a “making” of a new weapon, a SBR, an NFA weapon. That is, how you use it matters after all. ATF turned the previous position on its head. No law was changed, only ATF’s collective mind changed. So, apparently, a law can mean one thing, or it can mean exactly the opposite. )
**
I cannot convert a rifle to a pistol by removing the stock and replacing the barrel with a 7.5-inch one. That would be converting a GCA weapon to a NFA weapon without the tax and paperwork. That would constitute making a SBR and, absent the tax stamp, get you ten years in jail.
A pistol can, however, be converted to a rifle (and back again) provided the rifle made is not regulated by NFA. That is, convert a pistol to a rifle having an OAL of at least 26″ with a barrel of 16″ or more, and that’s perfectly fine. There are carbine conversions that accept your pistol frame and which meet the OAL and barrel length requirements. Perfectly legal. And you can remove the Glock frame from the conversion, reverting it to its pistol status. Again, perfectly legal. At all times, the weapon was either a GCA pistol or a GCA rifle, neither of which is subject to the NFA, with attendant tax and approval requirement. The Glock was *originally* made as a pistol and will always be recognized as a pistol.
But… attach just a shoulder stock (Now you’ve “made” a weapon that’s to be fired from the shoulder) to that Glock and you have just made a SBR, a NFA weapon, subject to tax and regulation by the NFA. This can land you in jail if you have not paid the tax, and registered the weapon with ATF. Unlike the carbine conversion, which meets both the OAL and barrel length requirements, attaching only a stock is forbidden without the tax and paperwork.
Once I build my AR-15 pistol, I can convert it to a rifle and back again, provided I do it in the right order. I would:
- Remove the too-short barrel;
- Remove the pistol brace (assuming it has one);
- Attach a stock;
- Attach a barrel of 16 or more inches.
If I reversed 3 and 4, I’d run afoul of the OAL restriction (between steps) unless the barrel was really long and the OAL was 26″ or more even without the stock.
As with the Glock going onto a carbine conversion, the key is to keep it a GCA weapon at all times, never a NFA weapon.
Of course, if I were doing this rifle / pistol conversion with a registered SBR, no problems. It is already registered and can be shorter than 26″ (or longer) and the barrel can already be shorter then 16″ (or longer). There is no combination that can get me in trouble because it is already registered and the tax paid.