Lynx Defense

Reclassifying a Rifle to Pistol

The #1 community for Gun Owners in Texas

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • IndyDave1776

    Active Member
    Emeritus - "Texas Proud"
    Rating - 0%
    0   0   0
    Jan 9, 2021
    285
    76
    Indiana
    Let's take this from the top, starting with the NFA:

    The NFA originally was to include handguns as NFA weapons. Some revolver club whose name evades my memory apparently had some well-connected members that put a stop to that. The inclusion of SBRs and SBSs in the NFA was to stop people from cutting down rifles and shotguns to make ersatz handguns. They kept the work-arounds in the bill after removing handguns for some strange reason.

    As it stands today, you can buy a fresh receiver that is not defined as a rifle or handgun as it was never completed. You can complete it however you like with the caveat that it cannot have a barrel less than 16 inches or an overall length less than 26 inches if completed as a rifle and cannot have a shoulder stock if completed as a handgun.

    A handgun can morph into a rifle but cannot revert to a handgun if the ATF has any evidence it was ever configured as a rifle. Same for a factory-completed rifle. It can NEVER be a handgun. In fact, if you buy an undefined AR lower, build it as a handgun, and at any time attach a stock, and the ATF can prove it (pro tip: if you ever do this, DO NOT take any pictures) you have a legally defined rifle and an SBR with less than 16 inches of barrel.

    NEVER FORGET THAT THE ATF IS NOT THERE FOR PUBLIC SAFETY. IT IS THERE TO NAIL YOUR ASS TO THE WALL.
    Venture Surplus ad
     

    benenglish

    Just Another Boomer
    Staff member
    Lifetime Member
    Admin
    Rating - 100%
    7   0   0
    Nov 22, 2011
    23,933
    96
    Spring
    The other question I have is if someone made a pistol initially from one of these receivers, it could be made into a rifle legally at a later date with a butt stock and a 16" barrel but could never be a pistol again.
    A handgun can morph into a rifle but cannot revert to a handgun if the ATF has any evidence it was ever configured as a rifle. Same for a factory-completed rifle. It can NEVER be a handgun. In fact, if you buy an undefined AR lower, build it as a handgun, and at any time attach a stock, and the ATF can prove it (pro tip: if you ever do this, DO NOT take any pictures) you have a legally defined rifle and an SBR with less than 16 inches of barrel.
    OK, some folks need to go back and read the T/C decision I linked earlier in this thread.
     

    IndyDave1776

    Active Member
    Emeritus - "Texas Proud"
    Rating - 0%
    0   0   0
    Jan 9, 2021
    285
    76
    Indiana
    I have a question regarding something I've been told. You folks may have already addressed this but if so, I didn't see it in these four pages. I have a friend that bought five receivers that were new, no internals, and had never been made into pistols or rifles. He indicated that one could make a pistol or a rifle, but once it is a legitimate rifle (stock and 16" barrel) it cannot be redone into a pistol again. Is that correct Renegade? The other question I have is if someone made a pistol initially from one of these receivers, it could be made into a rifle legally at a later date with a butt stock and a 16" barrel but could never be a pistol again. Any help would be appreciated.

    I'm not trying to argue or take a stand, etc. I just would like to hear the answer from someone, preferably an FFL.
    You were told right. The only wiggle room is that the ATF would have to be able to prove that a receiver put on a 4473 as a pistol or unspecified had in fact been configured as a rifle. If you play such games make sure there are no pictures and that it never sees the hands ofca LEO while configured as a rifle
     

    Renegade

    SuperOwner
    Rating - 100%
    1   0   0
    Mar 5, 2008
    11,747
    96
    Texas
    I have a question regarding something I've been told. You folks may have already addressed this but if so, I didn't see it in these four pages. I have a friend that bought five receivers that were new, no internals, and had never been made into pistols or rifles. He indicated that one could make a pistol or a rifle, but once it is a legitimate rifle (stock and 16" barrel) it cannot be redone into a pistol again. Is that correct Renegade? The other question I have is if someone made a pistol initially from one of these receivers, it could be made into a rifle legally at a later date with a butt stock and a 16" barrel but could never be a pistol again. Any help would be appreciated.

    I'm not trying to argue or take a stand, etc. I just would like to hear the answer from someone, preferably an FFL.

    The General Consensus based on the above mentioned SCOTUS case is if first a pistol, it can be a pistol or a rifle there after, which is what SCOTUS ruled was OK. If first a rifle, then never a pistol. Thus folks making firearms from a receiver make it a pistol first (or buy NIB as a pistol).
     

    Charlie

    TGT Addict
    Rating - 100%
    6   0   0
    Mar 19, 2008
    65,572
    96
    'Top of the hill, Kerr County!
    Thanks for the responses! It appears I was told correctly about the possible conversions. I have no intent to do either to any gun I might buy as I am only a part time shooter and damn sure not a gunsmith or dealer.
     

    Renegade

    SuperOwner
    Rating - 100%
    1   0   0
    Mar 5, 2008
    11,747
    96
    Texas
    ATF:

    Q: Can I lawfully make a pistol into a rifle without registering that firearm?

    A: Assuming that the firearm was originally a pistol, the resulting firearm, with an attached shoulder stock, is not an NFA firearm if it has a barrel of 16 inches or more in length.

    Pursuant to ATF Ruling 2011-4, such rifle may later be unassembled and again configured as a pistol. Such configuration would not be considered a “weapon made from a rifle” as defined by 26 U.S.C. § 5845(a)(4).

    [26 U.S.C. § 5845, 27 CFR § 479.11]

    Can I lawfully make a pistol into a rifle without registering that firearm? | Bureau of Alcohol, Tobacco, Firearms and Explosives
     
    • Like
    Reactions: gll

    IndyDave1776

    Active Member
    Emeritus - "Texas Proud"
    Rating - 0%
    0   0   0
    Jan 9, 2021
    285
    76
    Indiana
    ATF:

    Q: Can I lawfully make a pistol into a rifle without registering that firearm?

    A: Assuming that the firearm was originally a pistol, the resulting firearm, with an attached shoulder stock, is not an NFA firearm if it has a barrel of 16 inches or more in length.

    Pursuant to ATF Ruling 2011-4, such rifle may later be unassembled and again configured as a pistol. Such configuration would not be considered a “weapon made from a rifle” as defined by 26 U.S.C. § 5845(a)(4).

    [26 U.S.C. § 5845, 27 CFR § 479.11]

    Can I lawfully make a pistol into a rifle without registering that firearm? | Bureau of Alcohol, Tobacco, Firearms and Explosives
    Fair enough. I was sifting the SC ruling.
     

    benenglish

    Just Another Boomer
    Staff member
    Lifetime Member
    Admin
    Rating - 100%
    7   0   0
    Nov 22, 2011
    23,933
    96
    Spring
    That case addressed shipping together the parts to build a rifle on a handgun platform, not actually assembling it.
    The impact of the ruling is that a receiver that is initially a pistol may be built into a rifle and then switched back to a pistol, over and over.

    If I ever buy a bare action, I assemble it as a pistol first so that I have options in the future.

    The only thing that irritates me because I'm still not clear on it has to do with old actions. I have actions that were built and shipped prior to the ruling. They've never had a barrel installed. So, can I make them into pistols? Truth to tell, I don't even know what a 4473 from 40 years ago looks like or how it classified bare actions. I don't know if those actions were "other" or "rifle" or whatever. So I probably won't take the chance. But that's a side issue, anyway.

    Back to the point: Pistols can become rifles that become pistols; repeat as often as you wish. Rifles remain rifles.
     

    Darkpriest667

    Actually Attends
    Lifetime Member
    Rating - 100%
    9   0   0
    Jan 13, 2017
    4,489
    96
    Jarrell TX, United States
    Comments are now open here -- https://www.federalregister.gov/doc...with-attached-stabilizing-braces#open-comment

    I posted the following --

    It is impossible for a law which violates the Constitution to be valid --

    "All laws which are repugnant to the Constitution are null and void" - Marbury vs Madison 1803.


    Why does the ATF continue, along with the DOJ, to create new regulations and rules on top of rules that are ALREADY in violation of the constitution?

    We are behaving civilized because we are civilized people, however, the ATF continues to infringe on rights that are not granted by the government, but to be secured by them. Would you please stop?

    These regulations do nothing to deter crime, but they only increase times law abiding citizens have to wait to purchase and own something that is constitutionally guaranteed.

    The entire NFA is unconstitutional as are these new regulations being proposed.
     

    toddnjoyce

    TGT Addict
    Rating - 100%
    4   0   0
    Sep 27, 2017
    19,285
    96
    Boerne
    I'm the only one that cares to comment?

    @Southpaw has a whole ‘nother thread going on for that one. Lots of discussions and a few sample
    Comments.

     

    Coop45

    TGT Addict
    Emeritus - "Texas Proud"
    Rating - 100%
    1   0   0
    Feb 9, 2012
    3,280
    96
    texas
    I going a head and asking why a 7mm 08 pistol? What barrel length? You are aware that fireball & report my be the WTF moment!
    And will ruin your night vision until you are an old coot.
    It's actually quite simple and can be done with minimal hassle.

    First you have a gender study done for the rifle. The study will show that the rifle wants to be identified as a pistol. Then using a surgical procedure, have the offending long rifle barrel removed, then install a much nicer, kinder and shorter less offensive pistol barrel, and now the "new" pistol is much more comfortable and adjusted to it's new role in life as pistol.

    Final step is to call the ATF and explain what you have done. They will be very accommodating and quite understanding of what you have done.

    Problem solved.
    And I thought comedy was dead.
     

    Jrufolo

    Member
    Rating - 0%
    0   0   0
    Sep 26, 2019
    56
    11
    Addison, Texas
    There seems to be a way for a Class 07 Manufacturer or a type 10 FFL to have a rifle frame "re-classified" as a pistol, I found a Mosin Nagant Obrez pistol, newly manufactured, on Gunbroker, the manufacturer states that they, as Class 07 were able to have the frames reclassified from rifle to pistol and the MN Obrez are legally sold as pistols, not as SBRs. Here is the link to the auction, any questions, I would contact the seller/manufacturer -

     
    Top Bottom