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Nice looking SD for sale.
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From above:
"At the discretion of the buyer I will file a letter with the ATF to change the weapons status to Pistol thus removing it from the Registry if he or she so desires."



Hmm. Once a rifle, always a rifle as the above picture shows. You can adjust the barrel length to 16" or longer and get it designated a non-SBR, but that's it. Also, it is never removed from the registry. Just the weapon's definition is changed.
 
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From above:
"At the discretion of the buyer I will file a letter with the ATF to change the weapons status to Pistol thus removing it from the Registry if he or she so desires."

Hmm. Once a rifle, always a rifle as the above picture shows. You can adjust the barrel length to 16" or longer and get it designated a non-SBR, but that's it. Also, it is never removed from the registry. Just the weapon's definition is changed.
I interpret that to mean the POF gun in its original form was a pistol. Thus the stock could be removed and be a Pistol.
 

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I interpret that to mean the POF gun in its original form was a pistol. Thus the stock could be removed and be a Pistol.
Exactly my thought.
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That is not the case. Since all weapons start off as bare receivers, one could remove the stock on a Colt AR-15 and declare it a pistol. Once the weapon is configured as a rifle, it remains a rifle. Hell, the owner even had it declared an SBR = Short Barreled Rifle to BATF. This is the same logic that BATF uses with full auto weapons. Once a machine gun, always a machine gun.
 
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Mike748 replied to a discussion you are following at SBR to Pistol?
I have done exactly this with an 8” MPX pistol. I was very explicit in my letter to the ATF that I was returning it to a pistol. It took 4 months to get the confirmation back. The friend I sold it to didn’t care about the engraving but can remove it if he wants.
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I posted a question about returning a SBR to its original status as a pistol and got a response. Unfortunately
the admins removed the whole thread before very long. They will probably remove this and the several
armchair expert comments made in this thread. I am pretty sure that the POF weapon was imported as a
pistol so all I am doing is returning it to its orginal state after having filed a Form 1 to make it an SBR so I
could put a stock on it.
Hope this will be sufficient to clarify the issue for some of you who may want to purchase the weapon.
 

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Mike748 replied to a discussion you are following at SBR to Pistol?
I have done exactly this with an 8” MPX pistol. I was very explicit in my letter to the ATF that I was returning it to a pistol. It took 4 months to get the confirmation back. The friend I sold it to didn’t care about the engraving but can remove it if he wants.
View Discussion View All Following
I posted a question about returning a SBR to its original status as a pistol and got a response. Unfortunately
the admins removed the whole thread before very long. They will probably remove this and the several
armchair expert comments made in this thread. I am pretty sure that the POF weapon was imported as a
pistol so all I am doing is returning it to its orginal state after having filed a Form 1 to make it an SBR so I
could put a stock on it.
Hope this will be sufficient to clarify the issue for some of you who may want to purchase the weapon.
This is correct, and is VERY commonly done. I've sold several pistols that were previously form 1'd SBRs BUT originally manufactured as pistols. This comes up fairly frequently I've and discussed this with ATF as well as several firearms attorneys.

It is a very common occurrence these days, especially with the popularity of rifle calible "pistols" and the ease of Eforms.
 

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I've been an FFL/SOT for 20 years and have never heard of this. If true, I will be doing this for every SBR I don't use any longer.
 

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Discussion Starter · #18 ·
It may go for that, but should go a bit higher. A Dakota SD went for 7K without the can. This is a POF done by Terry Dyer, much more desirable gun/smith IMO.

Agreed. Terry Dyer builds usually go for top dollar so I would be shocked if it doesn’t sell for more than the Dakota SD. If it doesn’t, then someone got a deal.


I've been an FFL/SOT for 20 years and have never heard of this. If true, I will be doing this for every SBR I don't use any longer.
As long as it started life as a pistol like this one did, you are good to go.


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This is correct, and is VERY commonly done. I've sold several pistols that were previously form 1'd SBRs BUT originally manufactured as pistols. This comes up fairly frequently I've and discussed this with ATF as well as several firearms attorneys.

It is a very common occurrence these days, especially with the popularity of rifle calible "pistols" and the ease of Eforms.
Well, I guess a lot of us learned something. Thanks for sharing. The danger of a little bit of knowledge (and access to the internet) is jumping to incorrect conclusions (while being confident in our ignorance). Apologies to @HkCHUCK for doubting him!
 
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Look here:
Can I lawfully make a pistol into a rifle without registering that firearm? | Bureau of Alcohol, Tobacco, Firearms and Explosives

From above:
Can I lawfully make a pistol into a rifle without registering that firearm?

Assuming that the firearm was originally a pistol, the resulting firearm, with an attached shoulder stock, is not an NFA firearm if it has a barrel of 16 inches or more in length.
Pursuant to ATF Ruling 2011-4, such rifle may later be unassembled and again configured as a pistol. Such configuration would not be considered a “weapon made from a rifle” as defined by 26 U.S.C. § 5845(a)(4).
[26 U.S.C. § 5845, 27 CFR § 479.11]

Last Reviewed January 23, 2020

But, I have not found anything that verifies you can do this with a registered SBR.
 
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