by jshuberg on Sat Nov 09, 2013 11:06 am
A firearm doesn't need to need to have a stock to be considered a rifle, it's one of several possible characteristics that define a rifle. However shotguns that have never had a stock are not technically shotguns - they need to have had a stock at some point to be considered a shotgun. That's why a "shotgun" that has never had a stock with a barrel length less than 18" is an Any Other Weapon as opposed to a Short Barrel Shotgun.
A stripped lower is neither a rifle or pistol. It is simply a firearm. If at any time a stock is put on it, *or* an upper receiver with a barrel length 16" or greater, *or* the overall length is greater than 26", it becomes a rifle. The same is true of a pistol lower - if a stock, upper or overall length convert it into a rifle, it is now a rifle, regardless of what it originally sold as.
A Short Barrel Rifle is any firearm that has a stock, a barrel length less than 16", or an overall length of less than 26". A machine gun is any weapon that is capable of discharging more than one round per activation of the trigger.
These are the classifications an AR-15 style firearm can be in, from lowest to highest:
Other (Stripped lower)
Pistol
Rifle
Any Other Weapon (Title II)
Short Barrel Rifle (Title II)
Machine gun (Title II)
Once a stripped lower becomes a rifle or pistol, it cannot go back. Once a pistol becomes a rifle, it cannot go back. If you put a 16" upper on your pistol, and then put your pistol upper back on, technically it is no longer a pistol, it's an SBR. I say technically since there is almost no way to prove a pistol had been temporarily converted into a rifle, so from a practical standpoint this is almost impossible to enforce. However, if a firearm was sold as a rifle, it can never be a pistol, and there is a paper trail proving that.
Title II firearms (NFA) are registered with BATFE, and they can be converted back into a Title I firearm (rifle, etc) by contacting BATFE and having the firearm removed from the NFA registry. A registered SBR is always an SBR, even if changed into a configuration that would no longer qualify it as an SBR, unless you notify BATFE and have its legal status changed. If you put a 16" upper on your SBR and loan it to a buddy, he would be in possession of an unregistered (to him) SBR, regardless of the change in configuration.
This stuff can get confusing, and BATFE has reversed itself in the past, so I would suggest contacting the NFA or Technology branch before doing anything that would change a firearms classification.
BATFE NFA branch: (304) 616-4490
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