The interest in AR-15 pistols has continued to grow. AR-15 pistols can be used for recreational shooting, emergency preparedness and even self-defense. The good news is that, just like AR-15 rifles, AR-15 pistols can easily be assembled at home, but technically speaking, building an AR pistol calls for the same resources, tool set and instructional information as building an AR rifle.
The Legalities
It always has been the responsibility of the consumer to understand and comply with federal and state regulations in the course of building a firearm. Products and features that are perfectly legal to own where I live may be restricted or banned where you live. Conducting your legal research before buying any components will go a long way in avoiding any unnecessary unpleasantness with law enforcement officials.
As of this writing, Federal statutes allow law-abiding individuals who are legally qualified to own a firearm (in this case it’s a handgun) to assemble them at home without a Federal Firearms License (FFL) as long as the firearm is for personal use only. If you’re going to build guns for the purpose of selling them you’ll need to be licensed to do so. The AR-15 component that is legally considered the firearm is the lower receiver (where the trigger group is housed and the serial number is located). This means the lower receiver requires an FFL transfer with all of the same paperwork and fees as a complete gun. Every other common AR component, including AR-15 pistol upper and pistol buffer tubes, can be ordered online and shipped directly to your home.
The following information is by no means comprehensive but here are just a few things to remember:
- A factory fresh AR lower receiver that has never been part of a firearm can be used to build a pistol, carbine or rifle. If a lower receiver is built into and registered as a pistol first, it can be stripped down and converted into a rifle in the future. If the receiver built into a carbine or rifle first, it must always remain part of a rifle and cannot ever be used to build a pistol. Example: If you bought a DPMS Oracle 5.56 rifle. You cannot put an SBA3 tactical brace on it and slap an AR-15 Pistol upper on it.
- It’s not necessary to use a lower receiver stamped “Pistol” or one that is marked with the specific caliber of ammunition you plan to use when building an AR pistol. The markings are irrelevant just as long as the lower is brand new from the factory at the start of the build. Many companies are marking their lowers “Multi-Cal” these days in order to avoid confusion.
- Attaching a shoulder stock to an AR-15 pistol changes its legal status from Handgun to a Short Barrel Rifle (SBR), which is a violation of BAFTE regulations. If you wish to build an SBR, ensure that all of the proper paperwork and tax stamps are in order before attaching a shoulder stock.
- Attaching an AR-15 pistol upper assembly (which is an upper with a barrel SHORTER than 16″) to a lower with a fixed or collapsible stock is also considered an SBR and will get you in trouble without the proper tax stamps in place.
- Although it’s a common practice to attach a vertical grip to the handguards of AR rifles, attaching one to AR pistols can changes their legal status from Handgun to Any Other Weapon (AOW), which requires a BAFTE tax stamp like an SBR. Please note that to the BATFE; Angle grips and hand stops (like in the picture above) are not considered vertical grips. These can be put on AR-15 Pistols. Also it is the opinion of the BATFE as of this posting that any pistol over 26″ long TOTAL is not considered concealable and does not fall into the AOW category. This all may change, please check current laws
- At this point in time, it’s legal to own and attach a stabilizing arm brace to an AR pistol, such as the the SB Tactical Braces. However, the braces must be used according to their intended design. If you shoulder them like a rifle stock only you’re going to get in trouble. Theoretically it’s OK to “cheek” the braces (rest them along your jaw line), but cheeking looks like shouldering from certain angles. Because of the legal status of the stabilizing arm braces being how they are used.
77 Comments. Leave new
Its my understanding that you CAN shoulder your pistol brace legally as long as the brace is not altered in any way. If it falls within the specs of a pistol ie, barrel under 16 inches and no stock or with a pistol brace , its no ones business how you hold the weapon .
Yet, that is exactly the ATFs area of business, making sure guns are used as they are intended, like so not every American has a full auto ar and grenades, rpgs, we’d be a fancier middle east, now im not very pro government, but at the same time the government could do good, people in said government have to make that choice and stick with it, but not easy standing up alone in a swarm of sharks
Actually the ATF was formed as a TAX agency. Its purpose was, at the end of prohibition, to give all those now-unneeded government employees something to do, since there wasn’ta cause to bust bootleggers.
The National Fitearms Act was a completely arbitrary law, that made items like suppressors, which you could buy for $5, illegal without a $200 tax stamp
Do NOT legitomize the ATF. The purpose of the 2nd Amendment was to protect us from the government said you weren’t too fond of. Machine guns were perfectly legal prior to the tax requirement. It wasn’t about crime, but rather tax and government overreach
Look it up and you’ll see that the ATF was part of the treasury, NOT justice it until 2003
👍
Unintended consequences! Great book!
You’re an idiot!
If you build an AR pistol with a lower which was designated as neither a rifle nor a pistol. can you put a rifle upper on it and later switch back to a pistol
yes you can.
When you switch between a pistol and rifle upper can you switch between a brace and a stock so long as the stock is only ever on when the rifle upper is on?
You are allowed to change your lower to a rifle or a pistol. How you do that is up to you.
Your response appears a bit vague Veriforce Tactical.
One might consider a more direct line of autonomy with such a serious exchange of information.
For absolute clarity,
at the point of retail sale of a “NEW” lower receiver (New refers to the lower receiver by which said lower receiver has NEVER been utilized in ANY configuration nor subjected to previous/prior use) that is assembled in a “pistol” configuration, the primary user (who is described as the individual who’s name will be found on the BATFE document 4473) may choose to change the initial configuration from pistol by removing the brace and installing a butt stock PROVIDED a 16 inch barrel is attached to the upper receiver. However, it is also legal to keep the initial barrel length (for instance a 10.5 inch barrel) PROVIDED a barrel extension (such as a suppressor / a flash suppressor / muzzle brake / flash hider) brings the total length of barrel and extension to at least 16 inches. It should be noted that ANY muzzle device MUST be pinned (permanently attached) to remain legal
(verified legal entity)
If I remove a stock from a brand new complete lower and register as a pistol at purchase before attaching to an upper, can I legally attach a barrel under 16 inches?
If it starts off registered as a pistol or lower receiver than you can turn it into a rifle. Only if it starts off as a rifle, can you NOT turn it into a pistol.
Can I buy a complete pistol lower online and receive it through an FFL, and then throw an 12.5 complete upper without any legal problem?
Not a problem. Just make sure you purchase a pistol lower, not a rifle.
Is there any felony if I get shy over 26 overall legth with my pistol?
Now all these rules dos and donts I’ve got a real question. Who’s gonna know what you do with your property.
Snitches will bring you in trouble… Facebook/Instagram brags… gun ranges… your neighbor.. your friend… any online postings… the agencies might already have you on the hotlist for saying that. The best is to keep your own silence if you are thinking of what you are thinking… its hard isnt it? To keep it to yourself… 8/
Provided you aren’t stupid and operate with a degree of discretion what folks do with anything is entirely up to them. I am not condoning said action, just commenting upon a theoretical scenario
I hear that there are more restrictions that are going to happen on AR-15 Pistols. Just placed another order for a full AR-15 Lower & Upper. All I know is that this is the time to buy a gun!
Yes yes yes indeed!!! AR pistols are now becoming the focus of the media and the absolutely uninformed general populace. For example, the founder and spokesperson for Moms Demand Action, Shannon Watts has been all over the Sunday morning news programs that a stabilizing brace allows the weapon to become more lethal and yada yada yada…
I have a couple of AR pistols. All but one have been modified back into rifles. One of my former pistols has a pinned suppressor and another has a pinned faux suppressor (yep, FAKE AS F**K) for at least another 9 months or so until I get BATFE approval on another tax stamp
Is there anything I have to do to register my AR15 pistol after I build it? Also should I invest in a silencer? I hear these things are very loud. This is my first gun since I just got my permit to carry. Need to stock up at least before election time and if the officers for George Floyds’death get acquitted
No, you do not need to register you gun. Silencers are great, but understand there is about 9 month wait period for your paper work to be completed and approved. I would recommend one of our Cone flash hiders we sell; it pushes the percussion forward, cutting down on any noise coming back at you.
If my lower is stamped AOW does that automatically make my pistol a sbr and require a tax stamp?
I have ar pistol at any time can I change the arm brace as long as it’s a ar pistol arm brace?
As of today, yes you can, but from what we are hearing; if Biden gets in they are going after AR Pistols all together making it an AOW. That is just a rumor we are hearing.
So it is legal for my ar pistol to have a adjustable arm brace? Just wanting to make sure before I switch it over.
Can I legally change my arm brace to an adjustable arm brace cause it would still be a pistol arm brace
That being said can it be a pistol arm brace that is adjustable and still be legal?
Now i understand this question been asked, stated, or quoted thousands if not millions of times..so i CANNOT remove the stock of an completed lower receiver & swap it out with a pistol brace? Its fresh out the store…needed pistol brace might have ordered rifle receiver (uggh). I reside i. Georgia if that helps…thanks
If it is bought as a receiver than it can be a pistol or a rifle, even if it is pre-built with a stock. As of today.
Hello, and thanks for the article. I am really on the fence about an AR pistol that was sold to me through my ffl as a pistol. If Biden gets in, I don’t want to all of a sudden have an AOW. To avoid this, can I just put a 16″ upper on the pistol lower w/ brace? Or, would I need to put a stock on it as well?
Thanks for all you do!
PS, I have an registered AK pistol too; do you think it’s better to just sell them considering I can barely afford an upper for my AR?
Any advice would be crucially appreciated because my stomach gets in knots about this.
Honestly we dont know, we do know something big is about to happen in 1-2 weeks! A good thing for Trump and our gun rights! But if this does get reversed then you will have to take off all of arms braces on your pistols or register them as SBR.
What big thing do you speak of? I can’t find a reliable source these days on the outcome of the election/recount. I’m doing whatever I want with my AR’s and no leftist weenie is going to tell me otherwise.
F@@k em
Shall not be infringed
Does an AR Pistol have to have an arm brace? Like can I remove my arm brace if it was purchased with it? I know there are issues right now with which braces are approved or not…which is why I ask
No, you do not need an arm brace to have an AR-15 Pistol. Braces are still approved as of right now.
If I have an AR pistol and buy a new AR rifle, can I file a Form 1 to make the rifle lower a SBR that way I can swap the pistol upper receiver back and forth from an SBR (new rifle receiver) to a pistol (it’s actual receiver)? Perhaps this was answered in the article but I missed it.
Where do they post updated regulations on braces for ARpistols
I bought a lower that has a rifle stock on it. Can I remove the rifle stock and attach a pistol arm brace and attach my pistol upper to it?. It has never been attached to rifle upper before.
No. If it started as a rifle, which it did being sold with a stock then it must remain a rifle. You can not just swap parts on a lower registered as a rifle and claim its a pistol. They would get you for owning a unregistered SBR
When your FFL filled out the transfer doc they would have filled in “receiver” or “other” with no reference to rifle or pistol. Thus, you are free to complete the build however you like as long as you complete a legal firearm. i.e. remove the stock and add your pistol buffer and brace before attaching an upper with a barrel less than 16″.
So, I’m a little confused, I asked the owner of a gun shop in town if it was legal to swap out the 16″ upper (what it came with) on my BM-F 9 to a shorter barrel upper and put a pistol brace on it, he said its legal, but after reading this article I’m not so sure, the lower is stamped “Cal: Multi” does that make a difference? Thanks
My MK18 pistol lower says Multi. As far as I can tell the only difference between a MK18 pistol and an SBR is the SBR has a stock and the pistol has a brace. Literally everything else is the same. By swapping between a stock and a brace all I’m doing is changing the “intent”. I wouldn’t hesitate to do what you’re doing.
This is only legal if the firearm was sold as a “pistol”. If it’s sold as a “rifle”, swapping the stock for a brace does not make it a pistol. Putting on a barrel shorter than 16” makes it a SBR. The only thing way to get a pistol is to buy it as a pistol or build it from a new lower.
So I own a MK18 Pistol and plan to put EOTECH EXPS 3 on it. Can I put a 3x magnifier on this gun and remain legal with my pistol brace set up?
You can put whatever optics you want on your pistol without changing its status.
Ok so I bought an Aero precision Lower and on it says, “multi” meaning for pistol, carbine, rifle correct? Also with that being said can I throw on it for instance a complete BCM upper 11.5” even thought it says carbine?
Yes, receivers can be made into a pistol or a rifle as long as they are purchase and registered as a lower receiver. Multi means multi caliber.
Aah wonderful! Thank you!
MULTI is for the caliber. Since the AR platform has many caliber uses.
Factory lowers are marked Multi for the caliber so you have the ability to put different chambered uppers on it without breaking the law. For instance, if you have an AR-15 lower marked 5.56/. 223, then that lower MUST be connected to an upper that is chambered only for that.
NOTE I said CALIBER not barrel length. The serial number determines what it can be used as. If that serial was sold as a rifle, get used to bars if you put a pistol upper on it even if you replace the stock with a brace.
Okay I have psa .556 at pistol. I want to start shooting 9mm. What is the cheapest way to convert this to 9mm
not cheap, but we sell a magwell conversion with a 9mm upper, but we are out of the uppers at the moment. Should have some in 2 weeks. It would take the colt 9mm mags, not the glock.
If I purchased a stripped lower online with the intent of building it in to an AR pistol, do I need to specify that to the FFL dealer when I go to receive it? Or am I able to get it registered as a pistol once the lower is constructed?
You dont. Thats why you have to be 21 to buy a lower. Check your local state laws. In AZ there is no state registration for firearms only federal.
Question. I’ve currently got a Springfield AR pistol. I want to simply remove the upper assembly and slap on a rifle assembly. Since the lower is registered as a pistol is this legal? I assume not, but would like more information about this. Thanks.
Federally; Yes it is, but always check your local laws.
I purchased a completed lower receiver from Aero with a carbine buffer tube but no stock equipped. If I slap on brace (like an SBA4) as soon as I take possession I should be good to declare it as a pistol, correct?
You can put a pistol brace or a stock on lower receivers as they are registered as an “other”. There is nothing to declare unless you want to shout it out the window (federally speaking, check your local state laws)
I got a lower online and don’t have a stock on it yet but have a 16” upper that I intend to have cut down. They were out of shorter barrels. If it has no stock but an 16” upper on it does it still count as a rifle?
If the lower was purchased separately, than no.
Looking to install a sba brace on a rifle. The barrel is 16″. Lower is multi caliber and registered as “other”. Not looking to add shorter barrel at all. Just a 16″ barrel AR with a sba brace stock. Is that legal?
I bought a complete ar pistol lower by mistake for a rifle build. Can I legally build this into a rifle with it being labeled pistol.
So I ordered a complete lower receiver from palmetto state armory. https://palmettostatearmory.com/psa-ar15-complete-classic-lower-with-sb-tactiacl-adjustable-brace-5165448119.html
In the questions section it is stated that it is a “pistol lower”.
My question is that if I buy a .300 blackout 7.5” completed upper. Can I put them together LEGALLY when I have them both? Do I need to fill out a SBR form or anything?
If I bought a lower for a rifle could I sell it to a dealer, then buy it as a pistol lower?
If you bought only a lower, than you can turn it into whatever you want since it was registered as an “other”.
I bought a complete lower receiver with a rifle stock on it. I’m now getting a 10.3” barrel instead of a 16”. Can I put a pistol brace and buffer on my complete rifle lower receiver, to change it into a pistol lower receiver ?? I bought the RIFLE lower without it ever being attached to an upper whatsoever. Thx
I bought an ar lower reciever.. nothing on it. I want to build a sbr, can I use a collapsing but stock with a 5 inch 300 blackout upper. Would that be considered illegal as the bare lower was on paper as multi
I have an Aero EPC9 on Ca 10 day hold.
I was planing on building a fixed mag pistol. 11″ threaded barrel, SBA3 adjustable pistol brace. lower is registered as EPC9. Will this be a legal pistol build?
Thanks for all the great information you’ve provided.
Federally it is legal (as of this date), but you have to check with your communist local government if you can, my guess is they will say no. Because they always say no to the proletariat.
So let me get this straight. I purchased a lower that was classified as “other” not a pistol or a rifle. This means I can change from a pistol brace and a 12.5 inch barrel to a Stock and a 16 inch barrel and then back again? So my weapon can go either way due to the classification of “other on the form 4473 ?
What about a pistol upper on a rifle lower but adding a extended shroud for a suppressor to fit inside with the shroud welded to the barrel and being 16 inches
Regarding swapping uppers and interchanging braces with stocks . . .
1. If the weapon began life as a rifle (or carbine), it can only be a rifle. Doesn’t matter if you remove the stock and replace it with a pistol brace. It’s still a rifle.
2. If the weapon began life as a pistol, the upper can be replaced with one that is 16″ or longer, and only then can the brace be replaced with a shoulder stock. Reverting back to a pistol requires removing the shoulder stock BEFORE putting an upper with a barrel shorter than 16″ back on. Brace can be put back on at any time.
3. If the the lower was purchased virgin as a stripped lower, neither part of a pistol or rifle, the ATF4473 will show it as “Other”. What it is assemble into FIRST is of paramount importance. If FIRST assembled into a pistol, it becomes a pistol as described in #2, and can be switched back and forth as a pistol or rifle thereafter. If FIRST assembled as a rifle with 16″ or longer barrel and shoulder stock, it will forever be a rifle as in #1 above. Thus, it’s important to build a brand new stripped lower into a pistol first, document the living daylights out of that, and then you can switch it back and forth between pistol and rifle at will. Remember that you can never have a barrel under 16″ on it, for even 1/1000th second if it has a shoulder stock on it. ALWAYS swap out the shoulder stock or brace BEFORE swapping out the upper.
Hi all,
Mind weighing in on legality of:
Have Registered AR-15 “other” now with stock and 16″ barrel (rifle config)
Purchasing 80% ar-9, 8″ barrel, to be made into pistol configuration
Theoretically 8″ ar-9 upper will fit onto the rifle configured ar-15 lower correct? So is this constructive possession of SBR? I don’t plan on having a mag conversion kit in possession
Thanks!
So I brought a registered at 15 that’s I brought full size I can’t change the barrel length and still keep it legal
If I have a standard ar 15 lower. And put a 12.5 complete upper on it. Is it legal, or now considered a sbr or pistol.
I’m curious. I see a lot of ar pistols for sale with 12.5″ barrels and a regular carbine buffer tube. I know from personal experience that in that configuration it comes out over 26″. Am I wrong in my understanding that anything over 26″ doesn’t meet the criteria for a “pistol”.
Am I wrong? Or is that just not enforced?