Another AR Pistol Question Regarding OAL

[davis211]

Sorry guys - I've read a bunch of stuff and can't seem to find a definite anwer. My buddy has an AR pistol with a 12.5" barrel. The OAL is over 26" - something like 28" or so. The pistol has no forward grips of any kind on it - no brace either, just a buffer tube. What's the current rule on this with it being over 26"? Is he good to go as setup?

Thanks.

 

[BIKER13]

 

[BigMike]

Ask the experts, although you might not get an answer.

 

[GAgunLAWbooklet]

I don't know. ATF says you don't even bother to apply their "point system" to any handgun whose weight isn't at least so much, or whose OAL is beyond 26 inches.
So.... does that mean ATF intends to treat these large pistols like rifles, since they have length and weight closer to traditional rifles than to traditional pistols? Even without regard to what kind of pistol grip or buffer tube they have on the back end?
Or does ATF think they aren't at all affected by the new "pistol brace rule" -- which would make NO SENSE because then it would be just fine to assemble (and sell) M4 type carbines and call them "pistols" with "arm braces" when such guns are equipped with 14" barrels and therefore have an OAL of 30" or 31" even with the stock fully collapsed for the shortest possible length-of-pull.

ATF's guidelines are full of errors and omissions like this.

 

[kimberlover]

Did the lower start out as a rifle or "other"? Is the buffer tube a rifle tube or pistol?

 

[Blaze]

We can't answer your question, because they can't answer your question. This whole thing is so convoluted they don't even know what it says. It still blows my mind that they can say something is ok (in writing even) for years and all of the sudden change their minds. I don't understand why judges aren't telling them "you said it was ok, so tough 5h!t, you gotta live with it". Then again I also don't understand how they get to interpret AND enforce the rules to begin with. Personally, if it were me, I'd call it good.

 

[davis211]

Did the lower start out as a rifle or "other"? Is the buffer tube a rifle tube or pistol?

He said it started as and has always been a pistol lower. Never had a stock on it. It has a buffer tube that’s 7.5” or so.

 

[fattboyzz]

Rule says pistol has to be less than 26" 0AL.

 

[kimberlover]

pistol buffer tube will be smooth all the way around, like a pipe.

 

[davis211]

The ATF previously stated that 26 inches is the threshold for “concealability”. If you built an AR-style pistol with an overall length of over 26 inches, the ATF would not consider that item concealable. If it is not concealable, it cannot be an AOW. https://www.walkertaylorlaw.com/aow-loophole-closed/

The ATF has consistently held that an overall length of 26 inches is the breaking point for concealability. In other words, if the AR pistol has an overall length of less than 26 inches, it falls into a category of firearms that could be considered to be regulated by the NFA depending on their other characteristics. Over 26 inches keeps the firearm outside of the NFA regulation. https://blog.refactortactical.com/blog/can-an-ar-pistol-be-over-26-inches/

I told him to take the upper off until he finds out for sure.