[wireless]

Originally Posted by djflash

Not true. Federally a stripped lower is classified as "other" and therefore is neither pistol or long gun. As such it can be built up either way but once a long forever and ever it's a long gun.

Please cite your sources and, since you are claiming that it is "law", please cite the law you are refering to.

I said nothing about the DROS issue, 4473, and "other" box. I did not address that because he did not ask.

Here is OP's question

Originally Posted by locosway -
Yeah, I'm just trying to find a way to build one of my lowers as a pistol.

I even quoted the question and answered it directly. He cannot build a rifle lower into a pistol lower. The ATF has said it's illegal to make a rifle lower into a pistol. It's illegal and he cannot do it with the correct state and federal paperwork. Maybe "it is the law" is not the correct semantics. The executive branch of government has the ability to design regulatory schemes under which a law is enforced. The courts do have the final say, but the ATF will arrest and prosecute you under their interpretation of the law, not yours. So yes, ATF's reading of the law may not be constitutional, valid, or too vague, but for all intents and purposes, the ATF will enforce the way they read the law.

In January 2015 so dip**** committing a burglary put a pistol brace onto a rifle lower and got caught. He was charged with violating SBR laws. California's broad SBR laws most certainly me they will be prosecuted. Here is the CA penal code:

16530. (a) As used in this part, the terms "firearm capable of
being concealed upon the person," "pistol," and "revolver" apply to
and include any device designed to be used as a weapon, from which is
expelled a projectile by the force of any explosion, or other form
of combustion, and that has a barrel less than 16 inches in length.
These terms also include any device that has a barrel 16 inches or
more in length which is designed to be interchanged with a barrel
less than 16 inches in length.
(b) Nothing shall prevent a device defined as a "firearm capable
of being concealed upon the person," "pistol," or "revolver" from
also being found to be a short-barreled rifle or a short-barreled
shotgun.

and again here:

16640. (a) As used in this part, "handgun" means any pistol,
revolver, or firearm capable of being concealed upon the person.
(b) Nothing shall prevent a device defined as a "handgun" from
also being found to be a short-barreled rifle or a short-barreled
shotgun.

California's SBR law allows for a lower DROS'd as a long gun to be considered a pistol. So I will let you explain to the judge why it's legal to configure a rifle lower as a pistol because nothing in the penal code said you can't.