Richard F. of Fort Lee, New Jersey writes in with a couple of questions:
I had an FFL while on active duty with the USAF around 1987. I let the FFL lapse. Is there a way to renew it now?
The answer is no, you can’t renew it. You’d need to re-apply, get a new license and do everything from scratch. Your local ATF field office can help you with questions if you’d like to enter the wonderful world of firearms retailing.
The second question is as follows:
I am inquiring as to the classification of a potential build based on the below parts:
1-16” barreled upper receiver chambered in .300 Blackout; approx. OALs open 35”, closed 32.5”
2-AR Lower Receiver (Multi-Cal), to be transferred as “Other” or “Rifle”
3-SB Tactical SBPDW Brace
This build, following the use doctrine, is intended to be fired from the shoulder and not one handed or single-handedly, though it could be done, if desired, with some difficulty due to barrel length. The overall intent is to build a rifle. The question is, using the parts above, when put together does that classify the weapon as a firearm, rifle, or pistol? I await your response before I begin this project. Thank you in advance for your anticipated cooperation and response.
This is a strange one, and to address the elephant in the room up front – why would you put an arm brace on a rifle? Arm braces aren’t designed to be used as a rifle stock. If the overall intent is to build a rifle, why not simply put a rifle stock on it?
The 16″ barrel lets you attach a rifle stock and have…a rifle. In the proposed configuration, it wouldn’t be a rifle – since rifles have stocks. Nor would it be a firearm since the barrel is at least 16″ and the OAL is over 26″.
You’d functionally have a pistol with a 16″ barrel and an “overall intent to build a rifle,” but it really wouldn’t be understood to be a pistol since most pistols are barrels less than 16″. Nor would it be a rifle, since rifles have stocks.
My advice: if you really want to build it this way, for a precise determination that holds legal standing that would actually apply, contact the ATF Firearm Technology Branch – fire_tech@atf.gov – Voice: (304) 616-4300 Fax number: (304) 616-4301
If you submit the question in writing (I suggest you do), they can give you an answer that will actually apply to you.
Note that ATF rulings and correspondence are only valid for the person to whom it is addressed.
If you have a question for an experienced federal firearms licensee, send it to thetruthaboutguns@gmail.com with ‘Ask the FFL’ in the subject field.