AR receiver DROS question for H/G

[grego31]

Hello,
I am looking into AR Pistol builds and after looking into it, it seems that only an 80% build, a receiver marked pistol and dros'ed as such or a complete sse build by an 07 is the only way to go.
But my question is on Dros'ing a new receiver. When I look on the form for a SSE pistol, it has a drop down for a frame only. Is that only going to be able to be used by a LEO or exempt status person? I haven't gotten to the submit button yet but wanted to know what are my options in DROS'ing a new receiver.
I have several new virgin AERO Prec. lowers that I was wondering if I could do something with them. Does it mater how they were sent to me? The CFLCS approval shows them as 6 long guns but can the argument be made that they are only receivers so the intended purpose was not known at the time of shipment? The receivers have no markings on them that say long gun, rifle or pistol.
Thank you,
Greg

[ugimports]

Hello,
I am looking into AR Pistol builds and after looking into it, it seems that only an 80% build, a receiver marked pistol and dros'ed as such or a complete sse build by an 07 is the only way to go.
But my question is on Dros'ing a new receiver. When I look on the form for a SSE pistol, it has a drop down for a frame only. Is that only going to be able to be used by a LEO or exempt status person? I haven't gotten to the submit button yet but wanted to know what are my options in DROS'ing a new receiver.
I have several new virgin AERO Prec. lowers that I was wondering if I could do something with them. Does it mater how they were sent to me? The CFLCS approval shows them as 6 long guns but can the argument be made that they are only receivers so the intended purpose was not known at the time of shipment? The receivers have no markings on them that say long gun, rifle or pistol.
Thank you,
Greg

I've heard 2 different answers at various points in these forums:
1) You can't do it because the receivers were tainted "rifles" when you received those Aero Precision lowers and the CFLC FSA was delivered as "long guns". You also can't DROS as a pistol frame unless roster exempt because you can't do the safety demo with it.

2) You can do it as you suggest even if DROSd as long gun receiver.

I don't know an official defensible answer so give my customers the pros/cons.. if you were to DROS as a long gun receiver and build a pistol it will show up as a "rifle" receiver when looked up by DOJ and might be construed as a SBR if picked up by popo. Can you defend it? Probably.. is it really worth the $ in defending? You decide.

If you're an 07 it's a non issue because you can complete the build before DROSing to yourself.

[kemasa]

I asked the question to a person I know at the BATF and was told that the CFLC, which is CA only, does not taint the receiver with respect to the BATF as being a long gun or not. I believe that the CA DROS does not affect it either.

There are issues and questions with respect to doing this with respect to CA. There is a law regarding making an unsafe firearm in CA, which you have to make sure that is not violated. Then, even if you make the firearm legally, how do you go about registering it? You could submit a voluntary registration, but how would that go over since it was listed as a long gun? If the lower was transferred prior to 2014, then the CA DOJ would not have a record of it being a long gun, but then they might wonder how you managed to get the handgun and start to ask questions.

This means it can still be an issue even if you are a 07FFL since the CA laws apply to manufacturing firearms in CA.

[grego31]

So if you are an 07, I'm an 01, would they have to purchase a lower and have it designated and sold as a pistol receiver? Most companies sell the lowers thinking that 99.99% are going to build a long gun and not a pistol so never bother to think beyond that.
I'm interested in this route because I have one Aero Prec. Ghost Gun Lower that I think would be cool to make into a pistol if possible.

[grego31]

Are there any 07 's that wouldn't mind taking my parts, assembling my parts into a single shot pistol for your fee and then transfer it back to me to do the DROS, if that is a possible avenue? I'm in Sacramento.
Thanks

[kemasa]

Until it is built into something, it is "other".

Honestly, it would be best to have it put together outside of CA. There are FFLs who do that, but it would most likely be expensive. I know of a FFL who would do that, send me a PM if you want the info.

[ammoparadise]

I asked the question to a person I know at the BATF and was told that the CFLC, which is CA only, does not taint the receiver with respect to the BATF as being a long gun or not. I believe that the CA DROS does not affect it either.

There are issues and questions with respect to doing this with respect to CA. There is a law regarding making an unsafe firearm in CA, which you have to make sure that is not violated. Then, even if you make the firearm legally, how do you go about registering it? You could submit a voluntary registration, but how would that go over since it was listed as a long gun? If the lower was transferred prior to 2014, then the CA DOJ would not have a record of it being a long gun, but then they might wonder how you managed to get the handgun and start to ask questions.

This means it can still be an issue even if you are a 07FFL since the CA laws apply to manufacturing firearms in CA.

I heard this too from an ATF investigator. He said even if DROS'd a rifle, they don't care what it's made into, only CA cares, as the receiver is just a receiver or "other" as you said.

CA law and DOJ is what complicates the issue. As an 07, I tell my customers there are 3 ways.

1) Build one yourself on an 80%
2) Buy a complete AR/AK Pistol and SSE it
3) Buy the parts, ship them all to us (or the receiver at least) and we'll mfg one for you then DROS via SSE

To the receiver pistol question, I spoke with DOJ DROS help line, so they aren't really an official authority, but I was told the "receiver only" option for a handgun DROS is LE ONLY and would either get flagged on DROS or flagged during inspection. You do not want to do that!

I haven't ever personally considered the CFLC tainting a receiver, that's a valid concern though - thanks for offering that insight.