Crosshair wrote:
That would go against all other ATF precedent. (Not that they would never do such a thing.) My T/C Encore was built and sold as a handgun. If I slap a Rifle barrel and stock on it and sell it, the receiver is still a handgun.
A shotgun that has had a stock on it at any time cannot be converted to an AOW because once a stocked shotgun, always a stocked shotgun acording to the ATF. It goes with the ATF position of "Once a machinegun, always a machinegun.
I can only offer my reading of the regulations, which is that once a rifle has been made, it cannot be returned to the status of a pistol. It becomes a firearm made from a rifle, which, insofar as ATF is concerned, is a short barreled rifle (it's not, but ATF doesn't see it that way. It doesn't really matter because both are regulated the same). From ATF's statements I think they read it the same way I do.
You have to read the definitions at 27 CFR §479.11, specifically those for "firearm", "make", "pistol" and "rifle".
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My 1911 frame was made, sold, and bought as a handgun. I attach the frame to my Mech-Tech upper and it becomes a handgun that has a 16" barrel and a stock. Just like the T/C kits.
You have made it a rifle. Once you have made it a rifle, anything else you do to it is making something from a rifle.
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Not to mention that in US vs Thompson Arms they cited a gun from the 1950's, I can't remember the name of it, that was a 22 handgun that could have the frame mated to a rifle upper receiver. The ATF declared that that gun was legal under the NFA.
I wouldn't put too much faith in ATF rulings from that era. The NFA of 1934 was a different beast from the NFA of 1968.