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80% lower question


ns1963

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I'm not sure if this has been addressed before but, Can you legally build your own AR lower from an 80% one?

 

Oh, and I should have said, in CROOK county

 

IANAL, but if it is a pistol lower, then yes. If it is a rifle lower, then no.

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Since an 80% is just a block of aluminum when you buy it, when you finish it assemble it as a pistol (or stamp it as such) and it's a pistol at that point and should be preempted by State law... But, do note if it's stamped or built as a pistol you can't magically turn it into a rifle, or at least you are not legally supposed to... But, since you built it yourself and there is no paperwork trail of whether it's a pistol or rifle one would be hard pressed to figure out if it was a pistol or rifle receiver unless you tell them or they discover it built one way or another...
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Rocker

 

I am pretty sure you can legally convert that Ar pistol to a rifle but once that has been done if you go back to pistol configuration the BATFE considers it an SBR. So in other words, pistol to rifle Ok. Rifle to pistol not ok unless tax stamp and all other NFA requirements for SBR. It seems silly to me but so does many of these crazy gun laws are silly.

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Rocker

 

I am pretty sure you can legally convert that Ar pistol to a rifle but once that has been done if you go back to pistol configuration the BATFE considers it an SBR. So in other words, pistol to rifle Ok. Rifle to pistol not ok unless tax stamp and all other NFA requirements for SBR. It seems silly to me but so does many of these crazy gun laws are silly.

NOT when you live in cook county where the rifles are banned.

 

 

The only issue i can see with the lower would be how to prove its a "pistol" lower with no serial number they can track down to see.but if your intents to build a rifle then no even a 80% would be illegal in cook the minute you finished the work on the 80%

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Rocker

 

I am pretty sure you can legally convert that Ar pistol to a rifle but once that has been done if you go back to pistol configuration the BATFE considers it an SBR. So in other words, pistol to rifle Ok. Rifle to pistol not ok unless tax stamp and all other NFA requirements for SBR. It seems silly to me but so does many of these crazy gun laws are silly.

NOT when you live in cook county where the rifles are banned.

 

 

The only issue i can see with the lower would be how to prove its a "pistol" lower with no serial number they can track down to see.but if your intents to build a rifle then no even a 80% would be illegal in cook the minute you finished the work on the 80%

 

Well, first the burden of proof would be on the police, not the citizen. However, have a rifle length barrel and a rifle stock in your parts pile in "proximity" to the receiver might be good evidence against you.

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Rocker

 

I am pretty sure you can legally convert that Ar pistol to a rifle but once that has been done if you go back to pistol configuration the BATFE considers it an SBR. So in other words, pistol to rifle Ok. Rifle to pistol not ok unless tax stamp and all other NFA requirements for SBR. It seems silly to me but so does many of these crazy gun laws are silly.

NOT when you live in cook county where the rifles are banned.

 

 

The only issue i can see with the lower would be how to prove its a "pistol" lower with no serial number they can track down to see.but if your intents to build a rifle then no even a 80% would be illegal in cook the minute you finished the work on the 80%

 

Well, first the burden of proof would be on the police, not the citizen. However, have a rifle length barrel and a rifle stock in your parts pile in "proximity" to the receiver might be good evidence against you.

way to much of a chance to do it that way I.M.O
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Federally, ATF has recently interpreted that you can build a lower as a pistol, then a rifle, then back as a pistol. Just make sure that at no point you have a complete pistol upper on a complete rifle lower, thats a SBR.

 

Federally, there is a charge known as 'constructive possession' which means, if you own one AR15, a pistol, and just happen to have a stock around, you are in constructive possession of a SBR and are going to federal prison. If you have multiple AR's, including a few rifles, not an issue.

 

Federally, If you first build as a rifle, you cant then make that lower into a pistol. Thats why my first build is a pistol, I can use that same upper to build every lower I purchase as a pistol first, take a picture, make a note in my log, and then do what I want. with it.

 

Of course this, and any answer, is worth the paper its printed on. You can also write a letter to your local ATF branch and receive a written response to YOUR carefully and specifically worded questions. This letter wont help anyone else, and may not help even you, but at least you will have something to show the judge.

 

Regarding Cook, I would see a lawyer. Depending how the law is worded you may be able to keep a rifle upper and stock and just not install it onto the firearm (lower) until you leave the county. Or you might get thrown in Cook County jail for that.

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Rocker

 

I am pretty sure you can legally convert that Ar pistol to a rifle but once that has been done if you go back to pistol configuration the BATFE considers it an SBR. So in other words, pistol to rifle Ok. Rifle to pistol not ok unless tax stamp and all other NFA requirements for SBR. It seems silly to me but so does many of these crazy gun laws are silly.

NOT when you live in cook county where the rifles are banned.

 

 

The only issue i can see with the lower would be how to prove its a "pistol" lower with no serial number they can track down to see.but if your intents to build a rifle then no even a 80% would be illegal in cook the minute you finished the work on the 80%

 

Well, first the burden of proof would be on the police, not the citizen. However, have a rifle length barrel and a rifle stock in your parts pile in "proximity" to the receiver might be good evidence against you.

I call bull crap. Sure that's the way it's SUPPOSED to work, but you ARE guilty until proven innocent, detained, arrested, day(s) in court... all the while your firearm is confiscated temporarily possibly permanently "for evidence". And to top it all off you are out thousands of dollars in lawyer fees.
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I'm not sure if this has been addressed before but, Can you legally build your own AR lower from an 80% one?

 

Oh, and I should have said, in CROOK county

 

No. It's illegal in Illinois by state law. Crook county or not. If you're trying to save money, you can get a new frontier polymer lower from joebobs for less than an 80% anyway. I think they're $45 right now, in stock.

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No. It's illegal in Illinois by state law. Crook county or not.

 

This is utterly false, there is no law in Illinois forbidding you from building your own a firearm, nor is there a Federal law prohibiting it... Finishing up an 80% paperweight is perfectly legal as long as you comply with local and federal regulations on construction aka don't build an illegal firearm (machine gun) and don't build one if you are prohibited from firearm ownership...

 

The big factor to consider here is that Cook County has an 'assault weapon' ban that comes into play for long guns, but should be (likely going to take a lawsuit) preempted in regards to pistols with the passing of the FCCA...

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You can build a firearm in Illinois from a 80% lower. I have only seen AR15 and 1911 80% lowers. You still have to follow state and federal owl etc, but you can build them. As far as Cook County I dont know. In the rest of Illinois I know it's not illegal to build an 80 rifle. Pistol I don't know I just built a 16 middy on one don't have the need or desire for a pistol build so never looked into it.
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