Pistol vs.SBR - Accidental Build Risk

[Money Waster]

While reading another thread on building an AR pistol, comments were made about SBRs, and it got me wondering if there is the potential to inadvertently build a weapon that classifies as an SBR when a pistol was the intent. I looked it up and found information defining an SBR as being shorter than 26” in length OR having a barrel less that 16”. Based on this it seems to me that building an upper in 9mm or .22 lr with a 4” barrel could result in a firearm measuring less than 26”. So, if you built an AR with a pistol brace, it would still be considered an SBR if the overall length is less than 26”. Is this correct?

Lou

 

[TxWelder35]

No because it’s a pistol not a rifle with a brace on it

 

[CoryT]

Here's how it works.
Did the receiver start as a rifle? (Shipped in rifle configuration/Had a rifle stock)? Yes? Then any barrel length of < 16" or overall length < 26" is an NFA issue.

If not, then the question is.
Is the firearm intended to be fired from the shoulder? (It has a stock, not an arm brace)? No? Then it would be a handgun.
UNLESS - You added a forward handgrip (Vertical or slanted, the foreend itself is not an issue). Now it's an AOW and needs NFA registration.

 

[Money Waster]

Here's how it works.
Did the receiver start as a rifle? (Shipped in rifle configuration/Had a rifle stock)? Yes? Then any barrel length of < 16" or overall length < 26" is an NFA issue.

If not, then the question is.
Is the firearm intended to be fired from the shoulder? (It has a stock, not an arm brace)? No? Then it would be a handgun.
UNLESS - You added a forward handgrip (Vertical or slanted, the foreend itself is not an issue). Now it's an AOW and needs NFA registration.

I don’t own a single lower that was purchased as a complete rifle, and only one has ever had a rifle length barrel mounted to it. I have a Quarter Circle 10 9mm lower that was built as a pistol years ago with a 10” barrel and Phase 5 foam covered pistol buffer tube , and I researched it back then but forgot the details on why what I built was OK. I also have a lower with a pistol brace with a 9” .22 lr upper attached to it, and it has never had another configuration. I’m currently in the market to build a 10.5 .223 upper, which is why I’ve been perusing the AR pistol threads.

I was not aware of the forward grip being a consideration. Fortunately, none of my short barreled uppers have ever had a forward grip mounted on them, although I had the desire to do just that. I’m glad that I asked the question or I could have found myself in some serious trouble.

Honestly, I think that this is the year that I break down and register 2 of my lowers as SBRs so that I can put proper stocks on them. There is a part of me that thinks that if the Dems win in the upcoming election and go after ARs that maybe, just maybe, tax stamped/registered arms might be exempt because they are registered and have extensive background checks done before issue. That may be a pipe dream, but who knows.

Lou

 

[Son of Dorn]

Here's how it works.
Did the receiver start as a rifle? (Shipped in rifle configuration/Had a rifle stock)? Yes? Then any barrel length of < 16" or overall length < 26" is an NFA issue.

If not, then the question is.
Is the firearm intended to be fired from the shoulder? (It has a stock, not an arm brace)? No? Then it would be a handgun.
UNLESS - You added a forward handgrip (Vertical or slanted, the foreend itself is not an issue). Now it's an AOW and needs NFA registration.

Unless the forward grip is a Magpul AFG, according to a couple of letters I've seen?

 

[CoryT]

Unless the forward grip is a Magpul AFG, according to a couple of letters I've seen?

I'd call that one of those gray areas, unless you personally have the letter. If it's not addressed to you, not worth much, and remember, letters do not have force of law.

 

[CoryT]

I don’t own a single lower that was purchased as a complete rifle, and only one has ever had a rifle length barrel mounted to it. I have a Quarter Circle 10 9mm lower that was built as a pistol years ago with a 10” barrel and Phase 5 foam covered pistol buffer tube , and I researched it back then but forgot the details on why what I built was OK. I also have a lower with a pistol brace with a 9” .22 lr upper attached to it, and it has never had another configuration. I’m currently in the market to build a 10.5 .223 upper, which is why I’ve been perusing the AR pistol threads.

I was not aware of the forward grip being a consideration. Fortunately, none of my short barreled uppers have ever had a forward grip mounted on them, although I had the desire to do just that. I’m glad that I asked the question or I could have found myself in some serious trouble.

Honestly, I think that this is the year that I break down and register 2 of my lowers as SBRs so that I can put proper stocks on them. There is a part of me that thinks that if the Dems win in the upcoming election and go after ARs that maybe, just maybe, tax stamped/registered arms might be exempt because they are registered and have extensive background checks done before issue. That may be a pipe dream, but who knows.

Lou

Barrel length does not determine a rifle, you can put a 20" barrel on your 9mm and it's still a handgun. Rifles are "intended to be fired from the shoulder", handguns are "intended to fire... when held in one hand". That's where the forward grip gets you an AOW, it's now 'intended" to be used with two hands.

 

[Son of Dorn]

I'd call that one of those gray areas, unless you personally have the letter. If it's not addressed to you, not worth much, and remember, letters do not have force of law.

Which is one reason I do dislikw these oft-quoted things where people decide one letter for one person makes it OK for all. You never can quite figure out if it's really OK or not, but everyone says it is.

 

[Money Waster]

Which is one reason I do dislikw these oft-quoted things where people decide one letter for one person makes it OK for all. You never can quite figure out if it's really OK or not, but everyone says it is.

Yep, it certainly isn’t worth it to me to even attempt it. It’s a nice to have. I don’t need it per se.

Lou

 

[CoryT]

Opinion letters are just that, they are not laws, they apply to the question asked by the addressee, not to everyone everywhere with a similar issue. It's not a defense to prosecution, as opinions can be reversed at any time. Classic example, the Atkins Accelerator stock. Today, not an MG, next week, it's an MG.

While the majority of Federal Firearms laws are nonsense, written by people without a clue as to what they actually want to accomplish, it's best to stay inside the lines by s fair margin. Unless of course you don't mind being the test case in a Federal felony prosecution, in which case, best of luck!

 

[Cherodjr]

A lot of people, including me fire revolvers, Glocks, etc with both hands!