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Get an AR $390 before tax and FFL transfer fixed it.

1711 Views 21 Replies 14 Participants Last post by  PEC-Memphis
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It can be proved that you assembled a pistol from a rifle even if you don't "tell anybody" - so I would not say it will never matter. People have been caught and prosecuted for doing this.

If the lower were sold assembled as a rifle, the 4473 will state "rifle" as well as the manufacturer's/distributor's/dealer's records. If you assemble a pistol from a lower that was sold as a rifle in the paperwork*, you can be caught, charged and convicted of a federal gun crime - it has happened. The SN, documentation as originally a rifle and the pistol configuration as discovered is all that is needed to prosecute.

What are your chances of being "caught" ? I'd say it depends upon where you live and what you do.


*Even if it was a lower only, with "rifle"marked on the 4473 - which would be incorrect - but some FFLs have done this. When sold as a lower only, it should be marked "other".)
We don’t specify rifle or pistol for lowers in Tennessee
 

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We don’t specify rifle or pistol for lowers in Tennessee
Federal law. A lower only at time of purchase should be “other” on the 4473, but I’ve had to argue the point with one FFL (who wanted to mark it rifle).

If it was originally a rifle (mfr/distr/retail FFL documentation or 4473), you can’t legally configure it as a Title I pistol - regardless of what state you are in.

ETA: Actually by federal law, if you manufacture your own lower, or use an “other” lower, to configure a rifle - it is forever more a rifle; and cannot be configured as a Title I pistol. In order for the government to prosecute*, the burden of proof is on the government- which would be pretty hard to meet unless the assembler is a complete dumbass; but then again there doesn’t seem to be a shortage of dumbasses in the general population.

*for configuring a rifle into a pistol.
 
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