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  • Loaded_Potato
    Member
    • Apr 2015
    • 243

    AR Pistol Question

    I have a stripped AR lower that I will eventually form 1 as an SBR after the brace amnesty period ends. This lower was purchased in CA, if that matters. I now live in ID.

    The upper that I would like to pair with it is currently on sale and it would be nice to buy it at the discounted price. The upper of course is under 16 inches. I do not own any other AR style pistols.

    From what I understand about the brace ruling. AR pistols are okay as long as it has no brace attached and only a pistol buffer tube.

    My plan is to build out the lower as a pistol with just a pistol buffer tube in order to purchase the upper and avoid constructive intent until the form 1 is approved. Is this doable?

    Sent from my SM-S918U using Tapatalk
  • #2
    Brandqn
    Banned
    • Aug 2021
    • 204

    Originally posted by Loaded_Potato
    I have a stripped AR lower that I will eventually form 1 as an SBR after the brace amnesty period ends. This lower was purchased in CA, if that matters. I now live in ID.

    The upper that I would like to pair with it is currently on sale and it would be nice to buy it at the discounted price. The upper of course is under 16 inches. I do not own any other AR style pistols.

    From what I understand about the brace ruling. AR pistols are okay as long as it has no brace attached and only a pistol buffer tube.

    My plan is to build out the lower as a pistol with just a pistol buffer tube in order to purchase the upper and avoid constructive intent until the form 1 is approved. Is this doable?

    Sent from my SM-S918U using Tapatalk

    Pistols without braces have always been fine in the less restricted states. Your options to remain in compliance (I want to vomit every time I say that word):

    1. Permanently remove or alter the brace such that it cannot be reattached

    2. Remove the short barrel and attach a 16-inch or longer barrel

    3. Destroy the firearm

    4. Turn the firearm into your local ATF office

    5. Complete and submit ATF Form 1 along with the $200 tax payment

    The Washington Gun Law YouTube channel has good videos on these subjects

    Comment

    • #3
      sigstroker
      I need a LIFE!!
      • Jan 2009
      • 19655

      It sounds like he has no brace now. OP, your plan sounds fine, but IANAL. You can tell because I didn't bill you $800 for this opinion.

      Comment

      • #4
        Loaded_Potato
        Member
        • Apr 2015
        • 243

        Originally posted by sigstroker
        It sounds like he has no brace now. OP, your plan sounds fine, but IANAL. You can tell because I didn't bill you $800 for this opinion.
        Yes. Currently it's just a stripped lower receiver that I want to build into a pistol minus the brace in order to purchase the upper.

        My main concern is buying the short barreled upper but not having an acceptable lower for it to be installed on. I'm just trying to avoid any constructive intent crap of assembling a non-approved SBR until I can file a form 1.

        I appreciate your response!

        Sent from my SM-S918U using Tapatalk

        Comment

        • #5
          edgerly779
          CGN/CGSSA Contributor
          CGN Contributor
          • Aug 2009
          • 19871

          If lower was purchased in ca what was it ps likely not pistol unless ftf dros. If not then cannot be a pistol. Best to check if drosed as long gun then never can be a pistol.

          Comment

          • #6
            Loaded_Potato
            Member
            • Apr 2015
            • 243

            Originally posted by edgerly779
            If lower was purchased in ca what was it ps likely not pistol unless ftf dros. If not then cannot be a pistol. Best to check if drosed as long gun then never can be a pistol.
            As far as I know. DROS is a CA thing and no longer applies once out of state. This receiver has never been built out so I would assume free state laws now apply.

            A lower receiver can go from pistol-rifle-pistol but once built as a rifle can no longer go back to a pistol.

            If I'm wrong, someone please correct me.



            Sent from my SM-S918U using Tapatalk

            Comment

            • #7
              sigstroker
              I need a LIFE!!
              • Jan 2009
              • 19655

              Originally posted by Loaded_Potato
              As far as I know. DROS is a CA thing and no longer applies once out of state. This receiver has never been built out so I would assume free state laws now apply.

              A lower receiver can go from pistol-rifle-pistol but once built as a rifle can no longer go back to a pistol.

              If I'm wrong, someone please correct me.



              Sent from my SM-S918U using Tapatalk
              Zackly right, but the word you want to use is "first". If it's first built as a rifle it has to stay a rifle.

              You have the lower so don't sweat that part. Just don't put a stock or rifle buffer tube on it. If you want to be extra careful, buy a pistol buffer tube before, or with, the upper.

              There is a tiny possibility of a hangup with the 4473. Usually a stripped lower is called "other", or something similar. If the FFL put "rifle" on it, it may not be as clear cut, I have no idea if it matters on a stripped lower.

              Comment

              • #8
                beanz2
                I need a LIFE!!
                • Nov 2008
                • 12032

                Originally posted by Loaded_Potato
                As far as I know. DROS is a CA thing and no longer applies once out of state. This receiver has never been built out so I would assume free state laws now apply.

                A lower receiver can go from pistol-rifle-pistol but once built as a rifle can no longer go back to a pistol.

                If I'm wrong, someone please correct me.



                Sent from my SM-S918U using Tapatalk
                I think it still matters what the lower was recorded as, rifle, pistol, or “other” wherever it was transferred.

                Is this lower something special? If there’s any question how it’s recorded in CA, I’d just buy a new lower, or go ahead and use that money toward a stamp.
                Last edited by beanz2; 05-26-2023, 3:45 PM.
                sigpic
                The wife will be pissed, but Jesus always forgives.

                Comment

                • #9
                  Loaded_Potato
                  Member
                  • Apr 2015
                  • 243

                  Originally posted by beanz2
                  I think it still matters what the lower was recorded as, rifle, pistol, or ?other? wherever it was transferred.

                  Is this lower something special? If there?s any question how it?s recorded in CA, I?d just buy a new lower, or go ahead and use that money toward a stamp.
                  Nothing special about it other than I got a killer deal on it. Its been sitting in the safe for a couple years so figured I'd finally make use of it.

                  Was planning to stop by the LGS tomorrow. I might just grab a cheap lower to build as a pistol for now until I'm ready to submit another form 1. Seems I'm kind of in a gray area when it comes to this lower I have now.

                  Sent from my SM-S918U using Tapatalk

                  Comment

                  • #10
                    sigstroker
                    I need a LIFE!!
                    • Jan 2009
                    • 19655

                    60 bucks seems to be the standard online price right now. PSA tends to set the price.

                    But if there's nothing special about yours, maybe you can make a trade for part of the value. Is it an Anderson, or a fancier one like an Aero or Bravo Company?

                    Comment

                    • #11
                      Loaded_Potato
                      Member
                      • Apr 2015
                      • 243

                      Originally posted by sigstroker
                      60 bucks seems to be the standard online price right now. PSA tends to set the price.

                      But if there's nothing special about yours, maybe you can make a trade for part of the value. Is it an Anderson, or a fancier one like an Aero or Bravo Company?
                      It's a Quentin Defense QD-15. I guess their a company based out of Arizona.? Don't know much about them but seems like a decently made receiver. I had a good relationship with my previous FFL guy. Someone abandoned it and he transferred it over to me for $50. It was hard to pass up at that price.

                      I didn't think about trading it in for some credit. The Aero M4E1 lower in FDE has caught my attention. I might just see if their willing to make a deal. Thanks for the idea!

                      Sent from my SM-S918U using Tapatalk

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