I was reading recently the ATF letter of 2011 regarding the Thompson Center ruling on pistols made into rifles and back into pistols.
Here's the relevant text:
"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 waythat theya) Serve no useful purpose other than to make a rifle having a barrel or barrels ofless than 16 inches in length (e.g., a receiver, an attachable shoulder stock, andbarrel of less than 16 inches in length); or(b) Convert a complete weapon into such an NFA firearm..."
So-- if you have an AR pistol upper and want to make sure it can't legally be construed as an illegal SBR, just make sure you never have a "pistol" upper stored with a rifle lower alone. As long as there is a pistol lower ALSO with it, then then it DOES have a "useful purpose other than making a rifle"-- namely, making a pistol.
I'm thinking about building a pistol and thought this occurred to me. It probably already occurred to you, so apologies if I'm monologuing.
Here's the relevant text:
"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 waythat theya) Serve no useful purpose other than to make a rifle having a barrel or barrels ofless than 16 inches in length (e.g., a receiver, an attachable shoulder stock, andbarrel of less than 16 inches in length); or(b) Convert a complete weapon into such an NFA firearm..."
So-- if you have an AR pistol upper and want to make sure it can't legally be construed as an illegal SBR, just make sure you never have a "pistol" upper stored with a rifle lower alone. As long as there is a pistol lower ALSO with it, then then it DOES have a "useful purpose other than making a rifle"-- namely, making a pistol.
I'm thinking about building a pistol and thought this occurred to me. It probably already occurred to you, so apologies if I'm monologuing.