I got a 10 1/2 " barrel pistol kit and stripped lower here in PSA, I added few accessories as the Thordsen Cheek rest, angle foregrip, and others. If the new proposal is approved I will have a SBR, and I am not paying the $200 stamp.
If I add a 16" barrel and keep my Thordsen cheek rest, it will make it a rifle or it stay as a pistol with a long barrel?
Thanks, just for general knowledge and possible future issues.
If you add a 16" barrel, just go ahead and add a stock so you have a rifle.
Thanks for your answer, I really enjoy shooting without butt stock, better mobility, I just wanted to know if adding a 16” barrel will keep me out of government radar. It make it a rifle without butt stock or it stay as pistol with long barrel?
Quick tip:
If you want to be compliant with firearm laws, know the laws in your state and don’t ask people on the internet. Laws pertaining to rifles and pistols differ from state to state and people have varying levels of knowledge so you will always get different answers (most of them incorrect).
Something to ponder:
Before changing your pistol setup to comply with a proposed rule change, consider what happened with bumpstocks. You may also want to consider what you would do if your pistol was banned altogether.
And, for further consideration: no one knows exactly what you have unless you tell someone. That’s why I buy stripped lowers and build 'em out - the FFL transfer says “other”; and unless the alphabet boys pull the 4473s from the FFLs, no one really knows who has what. At least in the “free states of America”!
Thanks for your answer.
My pistol is 100% in compliance with State and Feds, but it won’t be if the proposal get approved. I had just the curiosity for future planning, what will happen with my pistol if I add a 16” barrel. I know by the proposal that my new “pistol” with a 16” barrel, or rifle without buttstock, do not pass the pre-requisites to be evaluated by the new rules, and will will be exempt of the new regulation.
I cannot find anything specific on my case online, that’s why I was asking here.
See what @Brad wrote above. I don’t think the ATF will care how you have your gun set up if you have a brace that could be configured as an SBR under the proposed rules. That’s why it’s important to participate in 2A rights. If you haven’t already, please leave a comment on the ATF’s website (for 80% lowers and braces). If you are unsure of what to say you can go to Gun Owners of America’s website where they have a pre-filled message that they will send in for you.
I can’t disagree with anything said already. Bottom line is this: if the AFT wants to screw you legally, they can and will. There’s a reason why their regs are as complicated as they are. It’s to make it harder and harder for you to comply. Meanwhile, the actual criminals are too big, too bold, or too apathetic to fail, so recognize that you (with your mortgage and 3 kids to put through college, and your 401k) are low hanging fruit.
That said…
In regards to PRACTICALITY, think of how many non-compliant full autos are in private collections because the owners refused to comply back in 1986. Think of how many still continued to be sold unlawfully after that because they had not yet received the word of the change. Let’s not forget that there was a world before the internet, when you had to receive notice through the mail to cease and desist. Mail that got lost or ignored. Look at how long auto sears were being sold in the back of Shotgun News before they got shutdown, what, in the late 90’s?
We often say, “if they look in your safe and find so and so, you’ll get reamed.” True, but realistically, how many of us have put ourselves in a position where the alphabet bois are not just in our homes, but actively looking in our safes? “What about if they are at the range?” When have you ever seen an agent at the range? If you did, did you stick around or hit the road like everyone else?
The fact is, the ATF is not some omnipotent god, that sees all and knows all. They use the threat of legal action and urban legends to force compliance. They do not have the staffing, time, or resources to check for the more than 3M (their number) braces in private ownership. They don’t know who has what. They don’t know how it was configured when you bought (or built) it. They wont know if it gets made compliant later on. They simply don’t know and need YOU to accept their tyranny out of the goodness of your heart.
If they do cement a change, they will be dependent on us to police ourselves and each other. They have no idea who owns them. They don’t have the ability to notify every owner about the change in legality of a piece of plastic they lawfully bought a decade ago (though they have the responsibility to, otherwise it could be argued it is an unfair application of the law). But Billy Joe Boomer and Francis Knowitall at the range will be sure to ask you, “hey, is that configuration legal per the NFA and regulation 2A.7.21-LMNOP?”
Clearly nobody wants to be the defendant in a fed case, but the chances of that happening are so minute that you are likely to have a stroke from worrying about being busted than you are to actually be busted.
Everyone has a choice to make; comply and keep accepting the moving goal post, or stick to the line you claimed you drew in 2008/2014/2020.
And yes, I understand the irony of me saying that as an ffl, who is tasked with ensuring compliance with the law.
My opinions are mine alone and should not be considered representative of Palmetto State Armory, their parent company, owners, or other moderators.
I really appreciate everybody’s opinion and participation in this post. I understand no matter what I do if the feds want to get you they will do it. Another thing that is very important is to fight for our 2A, do not let them apply anti constitutional regulations.
But at the end nobody responded to my question in the original post 
, possible nobody have the answer or maybe it is not answer.
Just for my personal peace of mine, I still will add the 16” barrel on my pistol, at least it will prevent to have a SBR or AOW and the need to pay for stamp, and it will keep me away for getting evaluated if the new proposal is approved.
Thanks again
Lol sorry about that.
Since the lower was bought stripped and transferred as a receiver, you can make it whatever you want. If you want to put a 16” upper on it and make it a rifle, you can. The receiver has no designation as pistol or rifle because you got it as a receiver. I hope that helps.
To help others with a similar question:
A receiver bought alone (stripped or built) is indicated as receiver & other firearm (frame, receiver, etc) on the 4473 and indicated in acquisition and deposition (A&D) record books as receiver.
A full AR pistol is designated as a pistol & long gun (4473) / pistol (a&d).
A full AR rifle is designated as a rifle & long gun / rifle, respectively.
None of this info is provided to the feds except if the FFL goes out of business.
The nics check asks what type of firearm is being transferred. You check a box for handgun, rifle, or other (frame, receiver, etc). There are several other options, but those are the ones relevant to this discussion.
Not to beat a dead horse, but the fact is unless your ffl has gone out of business, the atf dont know exactly what you got, so how you configure it or what you change it into is moot. They dont know what it was to begin with, so what it becomes is all they would know IF you somehow got struck by lightning, bit by a shark, won the powerball, and got a visit from the feds with a search warrant to check your safe, all in the same week. 
Great, that clarify most of my doubts, really appreciated. Now, what will be the definition if it has a 16 inch upper, on a pistol lower (no butt stock) ?
Loooong pistol. Terminator used one in the motorcycle chase scene of the first movie.
Great 
, that will give me peace of mind keeping away feds regulation due to the no concealable condition.
Thanks again.
Sorry for bothering you again but I just want to confirm something you sound pretty knowledgeable and helpful.
From 10 1/2 to 16” upper and Pistol lower (no butt stock), AOL +26 inches, adding an angled fore-grip will change the pistol configuration because it is not designed anymore to be used with only one hand, it is not a rifle because it has not butt stock and not configured to fire from shoulder.
I am guessing I will make a “Firearm” after all this changes?
Thanks again
To be frank… I don’t know.
There are too many variables that you would have to account for with your specific gun that you’d have to tally up all the points to be sure. Basically, nobody could with any certainty tell you if you are compliant or not.
Keep in mind that without a stock the AFT might still rule it a pistol (even if 16" barrel) and then could Subject you to the new regs if they get enacted.
I am not talking about the proposal, the form 4999 will not apply to my weapon if it is over 26 inches, it is the first pre-requisite.
By the million of definitions I read online from lots of resources as the ATF, it is a “firearm” not a pistol or rifle.
I just wanted to confirm with you based in the actual regulations.
You right on that, but the foregrip rule out the condition as a pistol, because it is not anymore designed to be fired with one hand.
I am just looking for your opinions using the knowledge you have, of course it is legal ways I can go as contacting ATF or looking for a lawyer. This is a friendly and unofficial chat just I find people opinions
I guess is not easy way for you to confirm or deny my hypothesis just based on the basics of the regulations out there. I really appreciate your time. Thanks again