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Ar pistols legal in Texas?

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  • navysooner

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    All lowers are sold as "other" so you can build a rifle or pistol. Even if you buy an ar pistol you can convert it to rifle and back to pistol and still be legal.

    That's not true. Some are actually marked as pistol. And it also comes down to what the FFL marks it as when doing your background paperwork.
    Military Camp
     

    Renegade

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    That's not true. Some are actually marked as pistol.

    Marked as pistol means nothing. I can mark my Colt 6920 pistol, but it is still a rifle. I can mark my Glock 17 machine gun but it is still a s/a handgun. The only markings that legally matter and are required on a stripped lower are a SN and mfg info.

    And it also comes down to what the FFL marks it as when doing your background paperwork.

    What the FFL marks it down is also meaningless. The FFL has no discretion. He must mark it for what it is. Instructions on the back of the 4473 explain this.
     

    Swarf

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    All lowers are sold as "other" so you can build a rifle or pistol. Even if you buy an ar pistol you can convert it to rifle and back to pistol and still be legal.
    No entirely correct. Only factory fresh lower or one previously assembled as a pistol can be used to build an AR pistol. You can rebuild it as a rifle at any time, but once you've done that, that lower can NEVER LEGALLY be used to build an AR pistol again.

    See here: https://www.americanrifleman.org/articles/2016/7/14/building-ar-15-pistols-at-home/

    Unless specifically requested by the customer, most FFLs will record AR lowers as "other" to give the new owner flexibility to build it as either... and because they don't know what you are going to do with it. You can ask for it to be recorded as "rifle" or "pistol", if you so wish.
     

    Renegade

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    Unless specifically requested by the customer, most FFLs will record AR lowers as "other" to give the new owner flexibility to build it as either... and because they don't know what you are going to do with it. You can ask for it to be recorded as "rifle" or "pistol", if you so wish.

    Any FFL who does this is in violation. The FFL has no authority to record it based on customer request. They must record what it actually is.

    See Section B, Question 16 of the 4473.

    https://www.atf.gov/file/61446/download
     

    smittyb

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    No entirely correct. You can rebuild it as a rifle at any time, but once you've done that, that lower can NEVER LEGALLY be used to build an AR pistol again.

    See here: https://www.americanrifleman.org/articles/2016/7/14/building-ar-15-pistols-at-home/
    Also not true. If built as a pistol first, it can go back and forth indefinitely.
    The article you linked does not say otherwise. If you think it does, please post that section.
    This was the basis for the T/C lawsuit, and the reason you can swap between pistol and rifle configurations with a Contender.
     

    Swarf

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    Did a bit more reading and I believe you are correct. ATF ruling in July 25, 2011: https://www.atf.gov/file/55526/download

    It comes down to whether it was first built as pistol or rifle. For a pile of parts, that would be next to impossible to prove/disprove in a court of law. However, the "unassembled parts placed in close proximity" clause still exposes the owner to potential liability and throws "intent" back in the argument, in addition to "original built as".

    The Supreme Court didn't exactly clear the legal minefield. I think I'll stick to keeping AR pistols away from the rifles and not mix the piles.
     

    easy rider

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    Did a bit more reading and I believe you are correct. ATF ruling in July 25, 2011: https://www.atf.gov/file/55526/download

    It comes down to whether it was first built as pistol or rifle. For a pile of parts, that would be next to impossible to prove/disprove in a court of law. However, the "unassembled parts placed in close proximity" clause still exposes the owner to potential liability and throws "intent" back in the argument, in addition to "original built as".

    The Supreme Court didn't exactly clear the legal minefield. I think I'll stick to keeping AR pistols away from the rifles and not mix the piles.
    Must be nice to have piles.
     
    Every Day Man
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