After what I learned here and a long research online, I found my answer if anybody else in interested to know.
Federally, a 16” rifle upper on a pistol lower do not change the configuration of a pistol, it will be a no concealable weapon because it is over 26” OAL, and it does not meet the pre-requisites of the proposed form 4999 if it gets approved.
If a fore-grip is added it will change his configuration from pistol to firearm, even that the Magpul angled grip was approved to use in a pistol without changing his configuration, it is a really gray area about fore-grips and going for the safe is better consider all the fore-grips equal. When a fore-grip is installed your intentions are to use a second hand to fire the weapon, eliminating the definition of a pistol should be fired with only one hand.
This is my interpretation of the written laws I found, thanks for everybody that try to help me understanding.
Thanks for the update.
That is too complex to reasonably expect mass compliance.
There is even a Supreme Court decision that holds criminals can’t be found guilty of failure to register NFA Firearms laws because doing so would be requiring them to testify against themselves. (Haynes v. United States)
So much for gun registration shemes helping fight crime, eh?
I agree with the vast majority of your post,but the agency is able to find many if not all ar pistol/ brace owners simply by subpoena. I think most sellers of braces and credit card companies would give the customer list rather than go to court. 2a all the way but don’t think big brother cant track you if they want to
My 2 Cents. This will never pass.
I have enough other stuff to worry about.
So just from your first 3 or 4 sentences, I could have an AR pistol and and actual AR(rifle) next to each other and with just that I have the means to create an SBR. Soooo it’s illegal for me to have both AR pistols and Rifles? This is one of MANY reason I believe the ATF it’s self is an infringement upon our second amendment. They are meant to make criminals out of every law abiding American gun owner.
I don’t know of a case where they have done that, but they have used constructive intent several times. I have Rifles, pistols, and an SBR lower. But who knows what the AFT would do.
Currently at 10 .5 inches and located a XM 177 attenuator in .308,that is 5.5 inches, that will put the barrel at 16.25 inches, with pin and weld, if tyranny prevails.
The ATF’s opinion that having the means to break the law equals breaking the law should mean if one owns a legal shotgun, he should not own a hacksaw.
If you add a 16" barrel to an AR pistol lower, then you have created a long barreled pistol. If (big if here) the ATF says your AR pistol is actually a rifle then there is no problem because a 16" barreled rifle is legal. You can legally convert a pistol to a rifle, but cannot convert a rifle to a pistol. No (federal) law says a rifle needs to have a stock as long as it meets the minimum OAL requirement and a 16" barrelled AR is definitely long enough. On the flip side, there is not a (federal) maximum legal pistol barrel length. Now, convincing a state that you can carry a 16" AR “pistol” legally under your concealed pistol permit is on you.
If you really want to remain compliant with the yet-to-materialize ruling on braced pistols, simply remove the brace. That is the only change required.
Andy
That is correct, a new lower which has not been assembled into a firearm is transferred as “other” no matter how the lower is configured.
Andy