Originally Posted By: willy1947
Bought a very nice "SPIKE" AR Lower.
It is not listed as a rifle or a pistol on my 4473 or from Spike.
I can make it to a pistol or this fall I can change it to a rifle.
It is listed as "To be determined" That means I can do what I want too.
under federal law - as i understand it - how much "i can do what i want" you have is based on how you first build it.
a firearm that starts its life as a rifle can only be a rifle forever.
a firearm that starts its life as a pistol can be converted to a rifle and then back to a pistol (and then back again to a rifle if you're bored, etc).
this applies to stripped lowers too, in so much as its first configuration determines its future life. thats why your 4473 labeled it as "other" or "TBD"
now all you have to do is build it as a pistol, document it as such (even just a photo of it having a pistol buffer tube attached) and then take it down and do what you want with it.
This is a pretty common tactic for folks going the SBR route - build your firearm as a pistol to begin with (test, etc) and then once you know you have a working firearm, submit the SBR paperwork and when you get your stamp do the buffer tube removal and install a 6 position stock assembly of your choice. That way if they ever decide they want to eliminate their SBR, they can easily and legally reconfigure it as a pistol and then you're outside the constructive intent grey area for being in posession of a barrel less than 16" without owning a pistol or SBR it can be legally attached to.
a basic pistol buffer tube kit - even these days - can be had for around $30, and that gives you everything... tube, buffer, spring, castle nut & end plate - all of which is reusable once you go to install your standard 6 position stock kit.
https://www.opticsplanet.com/tacfire-ar1...15PBTK-MAR049-A
or a basic tube only is under $20 at midway
https://www.midwayusa.com/product/1019047338
back before everything went haywire, they were under $20 on fleabay, but yea.. not so much these days. i think i paid $12 for my buffer tube when i put my blackout pistol together.
hth