This just looks like a bad combination

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  • thperez1972

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    So I was looking through the gun.deals website when I saw a listing I found a little questionable. 22ModsForAll is selling a "twin gun set" (<--click for link) consisting of one lower and a pistol upper with a brace and a rifle upper with a stock. If I understand the law, once the rifle upper is attached, the lower is technically a rifle. Once a rifle, always a rifle. So putting the pistol upper on the lower, even with the brace, is an SBR. For someone who builds AR's and has a few laying around, it's no real big deal. But I would think having only this twin gun set would make it relatively easy to make a case of constructive possession of an SBR.

    300Blk__77134.1545269906.jpg
     
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    bowhtr1

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    I may be wrong but if the lower was born a pistol then it can be a pistol or a rifle. If born a rifle it must always be a rifle.

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    thperez1972

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    It looks like it ships as a pistol so, if you are right, it's all good. But that would also show the absurdity of the law. If the lower starts off on one particular upper, it cannot be used on the other upper. But if it starts on that other upper, you are free to switch between either uppers as long as the stock is removed before the pistol upper is attached. I understand it's highly unlikely anyone could prove a lower started out as a rifle. That just adds to the absurdity.
     

    bowhtr1

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    Yes its a stupid law. They just have to call the lower manufacturers and see if it was sold as a rifle. If it was a striped lower or a pistol all is good. At least that's my understanding of the law.

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    Tboy

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    The as its written is in legal speak. Not qualified to translate.

    Held further, a firearm, as defined by 26 U.S.C. 5845(a)(3) and (a)(4), is not made when a pistol is attached to a part or parts designed to convert the pistol into a rifle with a barrel of 16 inches or more in length, and the parts are later unassembled in a configuration not regulated under the NFA (e.g., as a pistol).
    https://www.atf.gov/file/55526/download
     

    Bangswitch

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    Yep this helps illustrate the stupidity of the NFA. The T/C Contender I believe is how the law came to be as we know it. I doubt anyone is checking up on what’s in everyone’s safe but I would suggest keeping things assembled in one legal configuration or another. I’m not sure I would store things like this disassembled.
     

    ozarkpugs

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    As others have stated it was born a pistol so it can be changed back and forth at will . But I do see how this set up can be a problem for someone not being careful . The pistol brace and rifle stock fit the same tube so it would be easy to swap fr 16" to 10" before you switch the stock out for the brace . I think it would make more sense for all pistol braces to require a priority tube like my KAK but people don't want to buy a dedicated lower or go through the trouble of swapping out tubes. My suggestion would be to put the pistol brace on the lower and leave it on no matter what upper is on it . I have a dedicated pistol lower and never put my 12.5 on anything else even on the farm where no one would ever know .

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    Magdump

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    I was under the impression that pistol lowers must be stamped with a ‘pistol’ designation...
    In which case you could definitely legally use it as a rifle or pistol lower, which you cannot legally do with a rifle lower.
     
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    ozarkpugs

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    I was under the impression that pistol lowers must be stamped with a ‘pistol’ designation...
    In which case you could definitely legally use it as a rifle or pistol lower, which you cannot legally do with a rifle lower.
    Pistol lowers don't have to be stamped pistol or rifle rifle but if you buy a rifle it is listed as a rifle on the form so cannot be refigured as a pistol . Lowers are listed as other on the form and can go either way . If you buy a stripped lower just install a pistol brace onto It first then it can go either way . If you put a stock on it first it is always going to be a rifle unless you LIE and say it was a pistol first .

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