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Handgun vs Rifle

uni82uni82 Member Posts: 416 ✭✭
edited April 2011 in Ask the Experts
If I were to build a handgun, could I use the receiver of a rifle? Example, I have an extra 6.5x55 Swedish Mauser. I want to re barrel it to a 12 or 14 inch barrel and make my own stock with a thumb hole pistol grip. Can I legally do this? Making a handgun out of a rifle receiver and then change the registration of the serial numbers to a handgun? Pretty much make my own Remington XR100. Thanks!


-JD

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    11b6r11b6r Member Posts: 16,588 ✭✭✭
    edited November -1
    I think what you have described is a Short Barreled rifle as defined in the 1934 NFA- a firearm made from a rifle. You can start with a virgin receiver that has never been a rifle OR pistol, but once it is made into a rifle, it stays a rifle. To do so would require the whole "making an SBR" thing with the ATF, paying the $200 tax, and THEN being able to do so legally.

    And IMHO, the muzzle blast would be ferocious.
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    NwcidNwcid Member Posts: 10,674
    edited November -1
    The above says it all.

    Can only build a pistol from a virgin receiver unless you do NFA paperwork.
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    beantownshootahbeantownshootah Member Posts: 12,776 ✭✭✭
    edited November -1
    Is this physically possible to do? Yes.

    Can you do it LEGALLY within the UNITED STATES?

    Yes, *IF* you live in a jurisdiction that allows short barreled rifles, AND you do (in advance) the appropriate federal paperwork to register you gun as a "short barreled rifle" and pay the federal tax. After doing these things, THEN you can legally cut down your rifle into what amounts to a pistol (though legally it will be a "short barreled rifle", and at that point you could legally even put a stock back on it).

    As far as I know, you are NOT allowed to take a rifle receiver, obliterate the serial number, then just rebuild that as a pistol.

    Doing that would put you in serious violation of at least several federal and probably also State laws (eg tampering with a serial number, cutting down a rifle, etc). DO NOT try this.

    EDIT: This is NOT what you asked, but if you were able to obtain a Mauser receiver that has NEVER been built into a rifle (a so called "virgin receiver"), THEN you could legally build it into a pistol configuration legally without doing any paperwork.

    But once you are starting with a pre-existing rifle, the BATFE rule is "once a rifle, always a rifle". You can't legally cut it down without federal paperwork and tax paying.
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    uni82uni82 Member Posts: 416 ✭✭
    edited November -1
    virgin action like a savage target action. Never been registered as a rifle or a handgun, just an action. It does not state anywhere if it is a rifle/pistol. If I build a 12 or 14 inch barrel on it and carve a stock, would that be a handgun?

    Just trying to make this legal and cheap and don't want to do a WHOLE lot of paper work on it. I do not want to get in a whole lot of trouble for something I'm going to drop deer with.

    -JD
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    62fuelie62fuelie Member Posts: 1,069 ✭✭✭
    edited November -1
    The other legal way is to use a Remington or other bolt action pistol receiver as all you would be doing would be to change the caliber of an existing pistol based on a "rifle-type" action.
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    mark christianmark christian Forums Admins, Member, Moderator Posts: 24,456 ******
    edited November -1
    Take the action, add a 12 inch barrel with a PERMANENTLY attached 4.25" muzzle brake (16.25 inches total) and then fit your thumbhole type stock/pistol grip making sure that the over all length of the firearm 26 inches and you are home free.
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    beantownshootahbeantownshootah Member Posts: 12,776 ✭✭✭
    edited November -1
    quote:Originally posted by uni82
    virgin action like a savage target action. Never been registered as a rifle or a handgun, just an action. It does not state anywhere if it is a rifle/pistol. If I build a 12 or 14 inch barrel on it and carve a stock, would that be a handgun?

    To the best of my knowledge, if you were to take a never used rifle-type action, and then add a pistol grip (only) and a 12 inch barrel that's OK as a handgun.

    In fact, there are several commercially available handguns like this on the market (EG Ruger Charger, Thompson-Center contender, Weatherby, various AR-15 style pistols, etc, etc).

    But you CANNOT put a SHOULDER stock on there with the short barrel without first doing the paperwork and paying the tax. That's a big no-no.

    quote:Originally posted by mark christian
    Take the action, add a 12 inch barrel with a PERMANENTLY attached 4.25" muzzle brake (16.25 inches total) and then fit your thumbhole type stock/pistol grip making sure that the over all length of the firearm [is] 26 inches and you are home free.

    Yes, this type of carbine would be legal under Federal law.

    Unfortunately, with this thing being over two feet long, I think you'd give up most of the advantages in portability of a true handgun, and it might defeat the purpose of the exercise.

    I think per Federal law, rifles with not easily detachable folding stocks are given the "benefit of the doubt" so to speak, and are measured with the stock folded.

    So installing a non-detachable folding stock could potentially help if you are after maximum portability with your short carbine.
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    uni82uni82 Member Posts: 416 ✭✭
    edited November -1
    quote:To the best of my knowledge, if you were to take a never used rifle-type action, and then add a pistol grip (only) and a 12 inch barrel that's OK as a handgun.

    In fact, there are several commercially available handguns like this on the market (EG Ruger Charger, Thompson-Center contender, Weatherby, various AR-15 style pistols, etc, etc).

    But you CANNOT put a SHOULDER stock on there with the short barrel without first doing the paperwork and paying the tax. That's a big no-no.


    That is exactly what I am talking about. It will NOT have a shoulder stock AT ALL. It will have only a pistol grip barrel and a scope. Just like the weatherby striker.

    I will do more research with the atf, and make a couple of phone calls. Thanks guys for your help!

    -JD
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    dfletcherdfletcher Member Posts: 8,162 ✭✭✭
    edited November -1
    quote:Originally posted by uni82
    quote:To the best of my knowledge, if you were to take a never used rifle-type action, and then add a pistol grip (only) and a 12 inch barrel that's OK as a handgun.

    In fact, there are several commercially available handguns like this on the market (EG Ruger Charger, Thompson-Center contender, Weatherby, various AR-15 style pistols, etc, etc).

    But you CANNOT put a SHOULDER stock on there with the short barrel without first doing the paperwork and paying the tax. That's a big no-no.


    That is exactly what I am talking about. It will NOT have a shoulder stock AT ALL. It will have only a pistol grip barrel and a scope. Just like the weatherby striker.

    I will do more research with the atf, and make a couple of phone calls. Thanks guys for your help!

    -JD


    This misses the point. That the firearm was at one point configured as a long gun (a shoulder stock attached and a greater than 16" barrel) means it can not now be reconfigured as a handgun. That YOU are not going to assemble it with a shoulder stock doesn't change that it has in the past been configured as a long gun. That's the act which precludes subsequent reconfiguration as a handgun.

    The ATF letter floating about here on this point maybe should be a sticky somewhere.
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    tsr1965tsr1965 Member Posts: 8,682 ✭✭
    edited November -1
    quote:Originally posted by dfletcher
    quote:Originally posted by uni82
    quote:To the best of my knowledge, if you were to take a never used rifle-type action, and then add a pistol grip (only) and a 12 inch barrel that's OK as a handgun.

    In fact, there are several commercially available handguns like this on the market (EG Ruger Charger, Thompson-Center contender, Weatherby, various AR-15 style pistols, etc, etc).

    But you CANNOT put a SHOULDER stock on there with the short barrel without first doing the paperwork and paying the tax. That's a big no-no.


    That is exactly what I am talking about. It will NOT have a shoulder stock AT ALL. It will have only a pistol grip barrel and a scope. Just like the weatherby striker.

    I will do more research with the atf, and make a couple of phone calls. Thanks guys for your help!

    -JD


    This misses the point. That the firearm was at one point configured as a long gun (a shoulder stock attached and a greater than 16" barrel) means it can not now be reconfigured as a handgun. That YOU are not going to assemble it with a shoulder stock doesn't change that it has in the past been configured as a long gun. That's the act which precludes subsequent reconfiguration as a handgun.

    The ATF letter floating about here on this point maybe should be a sticky somewhere.


    That does not really "miss the point". He has asked if he uses a Savage Target action...and they do sell just the reciever, and it has never been built into anything. Much like an AR-15 lower, that has never ben built upon. It CAN be built into anything.

    Actually it was the Savage Striker, and Weatherby built the CFP, and Remington the XP-100, and XP-100R(built on a Model 7 action).

    Best
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