Pistol to rifle to pistol. BATFE Ruling 2011-4

[chopper duke]

There seems to be quite a bit of confusions as to making an AR Pistol into a Rifle as well as the legality of making it back into a Pistol. This IS legal. The BATFE ruled on this in 2011.

A PISTOL can be made into a Rifle and back because it's origins are that of a Pistol. A rifle cannot be made as such.

Nonetheless, if a handgun or other weapon with an overall length of less than 26 inches, or a barrel or barrels of less than 16 inches in length is assembled or otherwise produced from a weapon originally assembled or produced only as a rifle, such a weapon is a “weapon made from a rifle” as defined by 26 U.S.C. 5845(a)(4). Such a weapon would not be a “pistol” because the weapon was not originally designed, made, and intended to fire a projectile by one hand.

Held, a firearm, as defined by the National Firearms Act (NFA), 26 U.S.C. 5845(a)(3), is made when unassembled parts are placed in close proximity in such a way that they:
(a) Serve no useful purpose other than to make a rifle having a barrel or barrels of less than 16 inches in length (e.g., a receiver, an attachable shoulder stock, and barrel of less than 16 inches in length); or
(b) Convert a complete weapon into such an NFA firearm, including – (1) A pistol and attachable shoulder stock; and
(2) A rifle with a barrel of 16 inches or more in length, and an attachable barrel of less than 16 inches in length.
Such weapons must be registered and are subject to all requirements of the NFA.

Held further, a firearm, as defined by 26 U.S.C. 5845(a)(3) and (a)(4), is not made when parts in a kit that were originally designed to be configured as both a pistol and a rifle are assembled or re-assembled in a configuration not regulated under the NFA (e.g., as a pistol, or a rifle with a barrel of 16 inches or more in length).

Held further, a firearm, as defined by 26 U.S.C. 5845(a)(3) and (a)(4), is not made when a pistol is attached to a part or parts designed to convert the pistol into a rifle with a barrel of 16 inches or more in length, and the parts are later unassembled in a configuration not regulated under the NFA (e.g., as a pistol).

Held further, a firearm, as defined by 26 U.S.C. 5845(a)(4), is made when a handgun or other weapon with an overall length of less than 26 inches, or a barrel or barrels of less than 16 inches in length, is assembled or produced from a weapon originally assembled or produced only as a rifle. Such weapons must be registered and are subject to all requirements of the NFA.
To the extent this ruling may be inconsistent with any prior letter rulings, they are hereby superseded.


Date approved: July 25, 2011
Kenneth E. Melson Acting Director

Don't believe me, look it up.

 

[timbgtm]

Thanks..

 

[Bypass]

Since 18yo can't buy new pistols it makes sense. But, I wouldn't really ever consider a AR being a pistol its still too big.

 

[sovietak474u]

This is good info. Ill sticky this. This question is asked a lot or NOT asked when it should be. Good stuff.

 

[chopper duke]

This is good info. Ill sticky this. This question is asked a lot or NOT asked when it should be. Good stuff.

Thanks!

 

[Three44s]

I read this a while back. It's GOLDEN for Contender and Encore pistol owners.

Not often, but sometimes Big Government gets something right but it's been a long hard slog!!


Three 44s

 

[Laufen]

I read this a while back. It's GOLDEN for Contender and Encore pistol owners.

Not often, but sometimes Big Government gets something right but it's been a long hard slog!!


Three 44s

I think that was the catalyst for the ruling.

 

[jawjadawg]

Thank you for posting this. I turn blue in the face trying to argue about this with people.

I'm not sure how long you've been arguing the point, but up until recently you were turning blue and being wrong at the same time. Not quite worthy of an AT&T commercial, but its still two things at the same time.

 

[SteelRinger]

I'm not sure how long you've been arguing the point, but up until recently you were turning blue and being wrong at the same time. Not quite worthy of an AT&T commercial, but its still two things at the same time.

Ahhhh....no

The words "held" and "further held" mean that the National Firearms Act (from 1968) spells out the law. All this document does is explain it (it isn't the law itself).

 

[68chrisshark]

There seems to be quite a bit of confusions as to making an AR Pistol into a Rifle as well as the legality of making it back into a Pistol. This IS legal. The BATFE ruled on this in 2011.

A PISTOL can be made into a Rifle and back because it's origins are that of a Pistol. A rifle cannot be made as such.



Don't believe me, look it up.

So my question is on an AR Pistol.

Is there an overall length rule?

I have a 8.5" barrel and want to put a 7" supressor on it. Legal or Illegal if all the other criteria is followed. This is as confusing as our tax code.