? About AR pistol sale

Discussion in 'General Firearms Discussion' started by Bmason_80, Jan 10, 2017.

  1. Bmason_80

    Bmason_80 Supporting Member

    Just curious about selling a AR pistol. If I wanted to sell my AR pistol that I built from a stripped lower how do I proove that is the original configuration? The hypothetical sale would involve a FFL. I plan to ask my FFL this question but I thought I would toss it out here and see if you guys/gals have experience with this. I am aware that a purchased rifle cannot be converted to a pistol and a pistol can be converted as long as the pistol upper and shoulder stock are not on the firearm at the same time making a illegal SBR.
     
  2. KSR

    KSR Active Member

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    I think you are way over thinking this, highly unlikely anyone would question it. If need be the manufacturer of the lower could be contacted and they would have the SN as leaving in a stripped configuration.
     

  3. Bmason_80

    Bmason_80 Supporting Member

    Lol. I tend to do that from time to time. I have my receipt showing stripped lower and S/N. Just a random thought. I haven't had a chance to really break it in. Just 30 rounds for function check
     
  4. FlashBang

    FlashBang I Stand With Talon Lifetime Supporter

    There is no "original configuration" for it. When you bought the stripped lower the 4473 would have been filed by your FFL as an "Other" for type of firearm. When you bought it, it was neither a rifle or a pistol. As such, it never had an original configuration. Once you sell it though, if it is transferred to the new owner via a 4473 sale, it will from then on be classified whatever you sold it as.

    The only time this would be different is if you specifically requested and received a stripped lower marked as "Pistol Only" by the manufacture. In that type of scenario, the manufacturer would have registered the serial # as a pistol on its original Form 2 to the BATFE.


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  5. cicpup

    cicpup Resident PITA Supporting Member

    The original configuration is whatever it is when the cops or ATF look at it.
     
  6. Bmason_80

    Bmason_80 Supporting Member

    Good explanation flashbang.
    Don't wanna find out Cicpups method
     
  7. cicpup

    cicpup Resident PITA Supporting Member

    Why? You build an AR. You change your mind several times. There's no record of your builds. At some point a cop looks it over for some reason. If at that time it's configured as a rifle, it's a rifle. Pistol, pistol. SBR, you gots some splainin' to do. Now your build is possibly officially noted, so if it gets checked again, it better be the same configuration. Or you gots some more splainin' to do.
     
  8. Bmason_80

    Bmason_80 Supporting Member

    I'm not showing my firearms to cops or ATF unless asked to do so. I missed the point of your original post with regards to documentation. If it is checked while in pistol form then at a later date and is a non-sbr rifle no splannin' necessary
     
  9. cicpup

    cicpup Resident PITA Supporting Member

    They tend to ask. If you're selling it local through a FFL, transfer just the lower minus the stock/buffer. Then it's still an "other" and he can do what he wants with it.
     
  10. Bmason_80

    Bmason_80 Supporting Member

    I believe I stated that if asked I would show them. If it's at the FFL for the transfer then it's documented in that configuration and then it's no longer my concern
     
  11. FlashBang

    FlashBang I Stand With Talon Lifetime Supporter

    He would need to remove everything and make it a stripped lower again to do that. ;)

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  12. cicpup

    cicpup Resident PITA Supporting Member

    Bummer....
     
  13. outtachaos

    outtachaos Well-Known Member

    1. Buy stripped lower
    2. Build
    3. Sell
    4. Dont worry about it
     
  14. backbencher

    backbencher Supporting Member

    You have some documentation for that? I'm not sure that is correct.

    A manufacturer has no way of knowing what type of firearm you intend to build from an "other". In the case of an AR, a lower can end up as a pistol, a rifle, a shotgun, an other firearm, a SBS, an AOW, a SBR, or a machinegun (If converted by an SOT & not sold to the public). The fact that a lower is marked "Pistol only" is immaterial. A Glock type lower from LoneWolf can be assembled as a rifle on a MechTech upper - Lone Wolf has no idea if you are building a pistol or not.
     
  15. backbencher

    backbencher Supporting Member

    The lower doesn't have to be stripped to be an "other". AR lowers are regularly sold w/ complete FCG, buffer tube, and stock - as an "other". Until the AR is assembled, it is neither a pistol, rifle, or shotgun.
     
  16. FlashBang

    FlashBang I Stand With Talon Lifetime Supporter

    The only time you will find a lower marked "Pistol Only" is if you specifically request the manufacture to make it so. Every lower manufactured has to have its SN and description submitted to BATFE via Form 2. If it is manufactured as "Pistol Only" it will be submitted that way.

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  17. FlashBang

    FlashBang I Stand With Talon Lifetime Supporter

    Yes, but No. It depends how the manufacturer listed it on the Form 2.
    It also depends on how the FFL then lists it on the 4473.
    Below are three images of lowers... which one would be identified as a rifle lower, a pistol lower or an "other" by an FFL?
    Which one would a manufacturer likely identify as rifle, pistol or "other" on a Form 2?
     

    Attached Files:

  18. lklawson

    lklawson Staff Member

    My recollection is that the ATF will allow a conversion of a firearm that starts life as a pistol to a rifle, and then back again, but not the other way around.

    Peace favor your sword,
    Kirk
     
  19. FlashBang

    FlashBang I Stand With Talon Lifetime Supporter

    Yes, but no. You can convert a rifle to a pistol but you must first register it with the NFA as a Title 2 weapon and pay the tax on it. From that point forward in its life it will remain a Title 2 weapon unless you remove the parts making it a Title 2 and have it removed/deregistered from the NFA registry.

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  20. backbencher

    backbencher Supporting Member

    IF BATFE instructions are followed correctly, and all 3 shipped from the factory in pictured condition, all 3 are "others".