Stupid question of the day

[Capt_Communist]

Stupid question of the day... one of my buddies wants to make a pistol off of a lower he bought a while ago that was DROSed as a receiver (i.e. long gun)

question is could he assemble it into a pistol and then voluntary register it with DOJ?



Thanks

lower is marked multi-cal

[bjl333]

no and don't!!

[tgriffin]

My understanding is once a longgun always a longgun. Generally speaking, as long as it has not been actually built into a rifle its good to go, but the smart thing to do would be to aquire and DROS an actual pistol marked lower.

[jtmkinsd]

Stupid question of the day... one of my buddies wants to make a pistol off of a lower he bought a while ago that was DROSed as a receiver (i.e. long gun)

question is could he assemble it into a pistol and then voluntary register it with DOJ?



Thanks

lower is marked multi-cal

What would be really stupid is not asking and doing it. No, it's not legal to "convert" a receiver DROSed as a long gun into a pistol.

[Capt_Communist]

That's what I thought, but had to ask... thanks guys

[bohoki]

What would be really stupid is not asking and doing it. No, it's not legal to "convert" a receiver DROSed as a long gun into a pistol.

why would a long arm dros taint a naked lower?

(i prefer the term naked to stripped as stripped implies parts have been removed when in reality parts have never been installed)

the law seems to state to me that one cannot convert a rifle into a pistol

but i am not a lawyer


lets think of this scenario

one buys a naked lower in california leaves it on the box then moves to arizona while in arizona they build up a pistol from the never assembled lower

up till now has any law been broken?

now say the person decides to move back to california he takes his legal pistol and ensures that it does not meet the assault weapon definition of california and within 30 days he voluntarily registers it (what law was broken)

[jtmkinsd]

why would a long arm dros taint a naked lower?

(i prefer the term naked to stripped as stripped implies parts have been removed when in reality parts have never been installed)

the law seems to state to me that one cannot convert a rifle into a pistol

but i am not a lawyer


lets think of this scenario

one buys a naked lower in california leaves it on the box then moves to arizona while in arizona they build up a pistol from the never assembled lower

up till now has any law been broken?

now say the person decides to move back to california he takes his legal pistol and ensures that it does not meet the assault weapon definition of california and within 30 days he voluntarily registers it (what law was broken)

Rehashing old arguments...ATF...once a rifle, always a rifle. SBR problems. Can one petition ATF for a "reclasification" of a rifle receiver to a pistol? You would be required to register it with the BATF as a Title 2 weapon before converting it. The "cute" part of your scenario has to do with "leaving it in the box", I assume to get to the "it was never assembled as a rifle" point of law you're toying with. Simple answer: Do whatever you wish...and hope it never catches up with you and you become the test case. Answering a post with every possible scenario (buying, moving out of state, building, moving back, oh yeah, and it was never assembled, even though it was DROSed as a long gun) is a waste of time, and only confuses the issues.

[Quiet]

ATF 4473 = "long gun", "handgun" or "other"
CA DROS = "long gun" or "handgun"

Currently in CA, a stripped AR lower is 4473'd as a "other" and DROS's as a "long gun".
It is DROS's as a "long gun" because there is no "other" option on the DROS system and a stripped AR lower is not on the approved list and a stripped AR lower does not meet the single-shot pistol exemption.

Since, the stripped AR lower is processed as a "long gun", making it into a handgun could leave you open for arrest/prosecution for making an unregistered SBR.

It is highly recommend that you do not do this.
Unless you have over $25,000 on hand for legal fees and are willing to risk being arrested on felony firearm charges.

[bohoki]

ATF 4473 = "long gun", "handgun" or "other"
CA DROS = "long gun" or "handgun"

Currently in CA, a stripped AR lower is 4473'd as a "other" and DROS's as a "long gun".
It is DROS's as a "long gun" because there is no "other" option on the DROS system and a stripped AR lower is not on the approved list and a stripped AR lower does not meet the single-shot pistol exemption.

Since, the stripped AR lower is processed as a "long gun", making it into a handgun could leave you open for arrest/prosecution for making an unregistered SBR.

It is highly recommend that you do not do this.
Unless you have over $25,000 on hand for legal fees and are willing to risk being arrested on felony firearm charges.

calling a daisy a rose does not make it one

[jtmkinsd]

calling a daisy a rose does not make it one

Unless you're in a position to jail someone for not calling it a rose.

[bohoki]

Unless you're in a position to jail someone for not calling it a rose.

so what you are saying is that buying a firearm that has no buttstock and a 0 inch barrel is a rifle

especially when its illegal for the dealer to sell the item to someone under the age of 21

yea that sounds like a rifle oh wait it doesn't have rifling
hmm maybe its a smoothbore pistol now

[jtmkinsd]

so what you are saying is that buying a firearm that has no buttstock and a 0 inch barrel is a rifle

especially when its illegal for the dealer to sell the item to someone under the age of 21

yea that sounds like a rifle oh wait it doesn't have rifling
hmm maybe its a smoothbore pistol now

Stomp and kick your feet all you want...you should be directing your tantrum at the responsible parties, you know...the ones with the who make the rules...nothing I can do about it but shake my head and laugh every time someone on here gets mad because I don't agree with how they think things should be.

[dachan]

calling a daisy a rose does not make it one

It may not make it one but legally petitioning for a name change will change what its called. Once a receiver is DROS'ed as a long gun, legal documents exist calling that receiver a long gun.

[bohoki]

i get where you are coming from but attitudes like that would have prevented the bullet button ,off list lowers,magazine repair kits its all baby steps in exploring the legal aspects of various items

it just seems strange when allies attempt to shut down new explorations when they are enjoying the fruits of the same type of legal reasoning

legal documents exist calling that receiver a long gun

but a long gun is not a "rifle"

[jtmkinsd]

And I understand the frustration and impatience with the system...I suffer from the same affliction myself from time to time. We all benefit from the actions of a few when new ideas are put into action...but it needs to be done at the right time and with the right process. This particular idea has been around for some time and resurfaces now and again...but the time isn't right (so I'm told) so I shrug and move along.