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The problem is you'd have to get a PISTOL lower transferred into
MA, which may be next to impossible. According to BATFE regs, you
cannot use a rifle lower to build a pistol.
The key thing is that the received has never been assembled into a rifle - it does not pick up the pistol or rifle attribute under federal law until assembled into one of these two configurations.
Oct 29 1992
Dear Mr. XXXXX:
This refers to your letter of October 1, 1992, in which you inquire
about the legality of manufacturing a handgun which utilizes a rifle
type receiver.
26 U.S.C. Chapter 53 # 5845(a)(4), the National Firearms Act (NFA),
defines the term "firearm" to include a weapon made from a rifle if
such weapon as modified has an overall length of less than 26 inches
or a barrel or barrels of less than 16 inches in length.
Utilizing the receiver of an existing rifle for the purposes of
manufacturing a handgun would constitute the making of a firearm as
defined above. Individuals desiring to make such a firearm must first
submit an ATF Form 1, Application To Make And Register a Firearm and
pay the applicable $200 making tax.
If an individual were to obtain a rifle type receiver that had not
previously been utilized in the assembly of a rifle, a handgun could be
made and not be subject to the provisions of the NFA. Verification
must be obtained from the manufacturer of the receiver to establish
its authenticity.
We trust the foregoing has been responsive to your inquiry. If we may
be of any further assistance, please contact us.
NOV 25 1997 F:SD:FTB:GKD
3311
Dear Mr. :
This refers to your letter of November 6, 1997, requesting
information on the manufacture of a firearm to be classified as an
"any other weapon," as that term is defined in the National
Firearms Act (NFA).
You describe the proposed firearm as being manufactured using an
AR15 type lower receiver that has never been assembled as a
complete firearm and installing a "pistol length barrel," a rear
pistol grip, a vertical foregrip, shrouded barrel and a flash
hider. This firearm would utilize a detachable magazine installed
outside the pistol grip.
A firearm manufactured from the described components and in the
described manner would not be a pistol as defined in either Title
27, Code of Federal Regulations (CFR), Part 178 or 179, nor would
it be classified as a rifle or shotgun, not being designed to be
held and fired from the shoulder. Further, it is not classified as
a semiautomatic assault weapon as defined in Title 18 U.S.C.,
Chapter 44, Section 921(a)(30), hence it is not subject to the
prohibition on the manufacture, transfer or possession of
semiautomatic assault weapons as provided in Title 18 U.S.C.,
Chapter 44, Section 922(v).
The Bureau of Alcohol, Tobacco and Firearms (ATF) has previously
held that a firearm of the type described in your letter is
classified as an "any other weapon" and is subject to all of the
provisions of the NFA. Such a firearm could legally be
manufactured and transferred by a Class II manufacturer. An
unlicensed individual could manufacture such a firearm by first
submitting an AT Form 1, APPLICATION TO MAKE AND REGISTER A
FIREARM, to ATF. Upon receipt of the approved form, the individual
could then proceed to manufacture the firearm.
Then I stand corrected. The 2nd cite however, seems to be pretty worthless as it's about as clear as mud and doesn't really explicitly say that the device in question would become a handgun if it weren't for the VFG.
-Mike
So, it seems to be the Mass AWB that's really the wrench in the works here... Without it, we wouldn't have to worry about the weight or shroud issues, or the list prohibiting us from buying new factory-made ones.
Drat.
The stumbling block is the MA AWB; part of the defintion which is...
Semi-automatic pistols with detachable magazines and two or more of the following:
* Magazine that attaches outside the pistol grip
* Threaded barrel to attach barrel extender, flash suppressor, handgrip, or silencer
* Barrel shroud that can be used as a hand-hold
* Unloaded weight of 50 oz or more
* A semi-automatic version of an automatic firearm
So, what's the latest opinion on ar pistols in mass? I'm thinking of machining an 80% lower into one since I don't have to worry about efa10 a homemade. If anyone had built one recently I'd really like to discuss offline. Thanks.
Or, letter of the law legal, build an AR pistol with a bullet button or ARMagLockThe problems with AR pistols in general in this state always rear their ugly head. You'll be machining the lower and upper down to basically a skeleton to make weight. I believe it's less than 3lbs or something ridiculous like that. Also the hand shroud needs to be removed unless it was a proprietary upper that was built for an AR pistol from the get go. (I'm sure I'll receive some heat for that one but that is how it was explained to me). It becomes too cumbersome to try to adhere to every little detail.
Orrrrr
You buy a preban OA93 pistol.
Mass has never defined what makes a magazine 'detachable' so it's up to your interpolation (and the arresting officer, and da, and prodecuter, and judge, etc)... that said, I belive it is letter of law legal...Would something like the California bullet button allow one to circumvent this restriction, since it would be a fixed magazine semi-automatic pistol? Or would the magazine need to be welded to the lower?
can anyone site a ordinance for this? Mass does not define what a 'detachable magazine' is. And according to ATF, the bullet button, makes the magazine no longer 'detachable'.
Would something like the California bullet button allow one to circumvent this restriction, since it would be a fixed magazine semi-automatic pistol? Or would the magazine need to be welded to the lower?
can anyone site a ordinance for this? Mass does not define what a 'detachable magazine' is. And according to ATF, the bullet button, makes the magazine no longer 'detachable'.