Yes. Absolutely.Can I run a build as a pistol while waiting for my tax stamp? I'll have a pistol buffer tube, and then just change the buffer tube out and throw a stock in it when I get the stamp. I've heard you can build a pistol into a rifle legally, but not a rifle into a pistol. So I just want to make sure running the non specific lower as a pistol will not hurt getting my tax stamp for it in the future.
Thanks!
Awesome. Thanks. I just wanted to make dang sureYes. Absolutely.
In fact, this is how I prefer to do it. That was you can make sure there are no odd/crazy issues with your lower.
Blows my mind the folks that will submit a stripped lower... having never fired a round through it.
Sure.. chances are it'll be fine... but why take the chance when you're putting $200 and months of your life waiting on the line.
Make/buy it as a pistol... shoot it... submit it... then add the stock when approved. That's how I've done every SBR I have!
You can have a pistol or rifle buffer tube on a pistol build as long as you don't have a stock on it. For example, the standard Colt M4 buffer tube is legal to use as long as the stock isn't on it.I'll have a pistol buffer tube, and then just change the buffer tube out and throw a stock in it when I get the stamp.
ATF has said the Colt M4 buffer tube is legal on a pistol build (you can find it on ar15.com if you feel like wasting some time). If you're that worried that the ATF and/or some other LE agency is going to raid your house and find that unattached stock sitting in your safe, then you have much deeper things to be concerned about than getting your Form 1 approved! :lol:Having a carbine buffer extension on the firearm + a stock laying around your house would be questionable at best.
I'd put the pistol tube on for now and be done with it. Can always sell that later to recoup the funds.
A KAK pistol buffer tube and Shockwave brace are the most expedient way to wait out the Form 1 approval as you can actually shoot the thing at the range. That's what I did. But no way I want to deal with the BS about not shouldering a braced pistol.I would suggest a KAK blade pistol brace. may change your mind about even bothering with a tax stamp to make it an official SBR.
Let's be honest for a second. The KAK blade is designed to not be fired from the shoulder just like the bongs at a smoke shop are designed for tobacco use. You could use it the way the manufacturer instructs you to to cover their butt with the ATF, but nobody does, and everybody, including the ATF, knows daggum well that that's how it works. Just don't use it incorrectly in front of law enforcement or post proof that you've done so on the internet.A KAK pistol buffer tube and Shockwave brace are the most expedient way to wait out the Form 1 approval as you can actually shoot the thing at the range. That's what I did. But no way I want to deal with the BS about not shouldering a braced pistol.
Being "on it" as in "installed on the firearm in question" isn't how the ATF or U.S. Attorney's office will view it.You can have a pistol or rifle buffer tube on a pistol build as long as you don't have a stock on it. For example, the standard Colt M4 buffer tube is legal to use as long as the stock isn't on it.
Do these cases turn on the clause that the unassembled parts "serve no useful purpose other than to make a rifle having a barrel or barrels of less than 16 inches in length"?I wouldn't recommend having a loose AR stock in the house (that is, a stock that's not attached to a AR pattern RIFLE at the moment) if you own an AR pistol that you intend to make an SBR out of. That's what the ATF calls "constructive possession."
ATF has arrested people for merely possessing all the necessary parts to make an SBR before, even without any evidence that the person ever assembled those parts and actually made an SBR. Having the knowledge to do so, the ability to do so, and the intent to (one day) do so is enough.
I am being honest. The Shockwave brace isn't meant to be used as a "real" stock but there is nothing in law saying you can't put your cheek onto the buffer tube when firing your pistol. Only that the brace cannot touch your shoulder as a stock would. Which is why I Form 1'd a couple of lower receivers a few months ago. I don't want to deal with this faux brace/stock BS.Let's be honest for a second. The KAK blade is designed to not be fired from the shoulder just like the bongs at a smoke shop are designed for tobacco use. You could use it the way the manufacturer instructs you to to cover their butt with the ATF, but nobody does, and everybody, including the ATF, knows daggum well that that's how it works. Just don't use it incorrectly in front of law enforcement or post proof that you've done so on the internet.
My AR pistol goes to the range with a Shockwave brace on it, not a "real" buttstock, while waiting for the Form 1s to be approved, after which I can put a "real" buttstock on it and proclaim it an SBR. In the interim, I may or may not have "real" buttstocks at home.I wouldn't recommend having a loose AR stock in the house (that is, a stock that's not attached to a AR pattern RIFLE at the moment) if you own an AR pistol that you intend to make an SBR out of. That's what the ATF calls "constructive possession."
ATF has arrested people for merely possessing all the necessary parts to make an SBR before, even without any evidence that the person ever assembled those parts and actually made an SBR. Having the knowledge to do so, the ability to do so, and the intent to (one day) do so is enough.
I remember this case when it happened. Mr. Amador was stupid and paid the price. He knew what he had and he should have sold the buttstock separately from the actual pistol and at a different time. Don't give the feds a reason to screw with you. It's not that difficult a concept to comprehend.Being "on it" as in "installed on the firearm in question" isn't how the ATF or U.S. Attorney's office will view it.
https://blog.princelaw.com/2009/09/01/florida-man-arrested-for-constructive-possession-of-an-sbr/
In the above case, Mr. Amador was adamant...
Another case where the defendants gave the feds an opening and the feds took it and won. There were several issues here, not just constructive possession. They neglected to get their FFL. They neglected to get their SOT license. They were selling parts as a business, not as individuals. Some other stuff too.Actual 7th Circuit federal court of appeals ruling on constructive possession of SBR's -- unassembled kits were the offending weapons here, and they were only unlawful because the barrels were threaded for flash hiders that, if said flash hiders would have been welded on permanently, would have otherwise made the weapons "rifles" and out of the NFA's coverage.
http://www.titleii.com/bardwell/us_v_drasen.txt
Flash hiders on the front end of a rifle-- or a stock on the back end of a pistol: It's the same issue, and courts will apply the same analysis.
The problem with that thinking is that in practice I have a pistol AR, a SBR, and several AR rifles. So, now I can't have any spare buffer/stock parts....:screwy:Don't have an extra buttstock laying around the house if you have an AR type pistol in it. Happy?
I was trying to keep gunsmoker from having a panic attack as he's inclined to do from time to time. :lol:The problem with that thinking is that in practice I have a pistol AR, a SBR, and several AR rifles. So, now I can't have any spare buffer/stock parts....:screwy:
