AR lower build. Considering a pistol but concerns.

[larry_minn]

Backgound I have a AR. fixed stock/carry handle/bull barrel long forarm. (heavy for a AR)
I picked up a lower few months back/lower parts kit/6 pos stock I planned on putting on it. Figured I would get a complete upper later. (plan was 16" flat top, Eotech 512 light barrel)
Was reading a thread about SBRs and thought it might be fun (but I am too lazy to want to deal with costs/concerns) A close second (no paperwork/costs) seem to be make it into a pistol. As it is still a stripped lower (never had a stock/upper even parts put in) My understanding is I can buy the pistol buffer kit (no stock) and stick a 7.5" (or similar) upper and be GTG? My thinking as there is no sight radius (compared to rifle) the Eotech 512 should still be a viable option.

My understanding is that this plan would be legal?? But I recall hearing it could be a concern since I do have another AR.. Something about a guy had a under 16" upper on a AR pistol, and a lower with stock (and over 16" barrel) He got charged with SBR without permit. They (IIRC) that they had NO evidence/wittnesses he ever mounted the under 16" barrel on stocked lower but since it COULD be done in minutes he violated law. (which seems wrong)
So does anyone have combo of some Ar rifles/carbines and Pistols?

2nd question. Is it true you can NOT change the lower from pistol to rifle? If I decide I don't care for the pistol. Could I sell the pistol length upper/buffer system and put a carbine length upper, 6 pos stock back on it?
My understanding is NO...

 

[Quiet]

You can be arrested for constructive possession of a SBR.

You can make a handgun into a rifle.

You can not make a rifle into a handgun.

 

[JWHardin]

IF the lower has never been assembled as a rifle as far as ATFE is concerned its neither a pistol or a rifle. Once you do install a stock upon the lower its now a rifle forever. If it was a pistol tho you can legally reconfigure it as a rifle however going back and forth is a no no.
BATF has lost cases on this, notably the TC Contender case where TC packaged a stock assembly with a frame as well as rifle and pistol barrels that BATF declared a constructive unregistered SBR. Federal court did later declare that this combination did not constitute a Constructive SBR however when have federal agencies paid any attention to judicial verdicts unless they were in the prosecutions favor?

 

[DHJenkins]

If you have an AR pistol, can you put a foregrip on it?

 

[piratelooking@40]

Long, useful stickied thread on Arfcom about this.

Also, "constructive possession" doesn't mean what it's being used to mean in this thread.

 

[Tennesseean]

If you have an AR pistol, can you put a foregrip on it?

No, I believe that makes it an unregistered AOW (Any Other Weapon). The tax stamp for making an AOW and SBR are the same ($200), but the transfer for an AOW is just 5 bucks.

I'm surprised how many manufacturers of AR-style pistols put accessory rails on the fore end of the weapon, but don't ever seem to mention to the consumer that you can only put a bipod there without inadvertently committing a crime. There are quite a few pictures on the 'net of people with AR and AK pistols sporting vertical grips, and I'll bet none of them have paid the tax stamp. It doesn't seem to be a very prominently enforced law. Oh well.

 

[hso]

I think a pistol with a vertical foregrip is a no-no without the additional paperwork and fees.

 

[Frog48]

you can only put a bipod there

Or flashlight, or laser.

But yeah, I agree with your sentiment. It might be a good idea that manufacturers voluntarily include a disclaimer or warning, as a courtesy to consumers.