Really? Please explain the Beretta Neos or any other such firearm that can be BOTH a rifle and pistol. Thompson center has fought this in court and won.
Also just to ask I have a firearm that was bought with a 20 inch barrel and a stock ( it is not black powder ) it is NOT a SBR but I can put a 10 inch barrel or any length with the stock on it both ignoring the overall length and the 16 in barrel length but it is legal in any of these configurations. How can I do this?
You would need to tell me what model of firearm it is... not enough info to answer the second question, or even look into it.
Here is your explanation....... Not mocking you but you are asking for clear answers from the ATF.
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Nonetheless, if a handgun or other weapon with an overall length of less than 26 inches, or a barrel or barrels of less than 16 inches in length is assembled or otherwise produced from a weapon originally assembled or produced only as a rifle, such a weapon is a “weapon made from a rifle” as defined by 26 U.S.C. 5845(a)(4). Such a weapon would not be a “pistol” because the weapon was not originally designed, made, and intended to fire a projectile by one hand.
Held, a firearm, as defined by the National Firearms Act (NFA), 26 U.S.C. 5845(a)(3), is made when unassembled parts are placed in close proximity in such a way that they:
(a) Serve no useful purpose other than to make a rifle having a barrel or barrels of less than 16 inches in length (e.g., a receiver, an attachable shoulder stock, and barrel of less than 16 inches in length); or
(b) Convert a complete weapon into such an NFA firearm, including –
(1) A pistol and attachable shoulder stock; and(2) A rifle with a barrel of 16 inches or more in length, and an attachable barrel of less than 16 inches in length.
Such weapons must be registered and are subject to all requirements of the NFA. (IE short barrel rifle {my edit**)
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(here is the part that explains why the Beretta Neo (a pistol) can be converted to a rifle and back... which I was not aware of so thanks for pointing that out.)
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Held further, a firearm, as defined by 26 U.S.C. 5845(a)(3) and (a)(4), is not made when a pistol is attached to a part or parts designed to convert the pistol into a rifle with a barrel of 16 inches or more in length, and the parts are later unassembled in a configuration not regulated under the NFA (e.g., as a pistol).
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http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2011-4.pdf
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If you go back and read what i said it was correct, or as correct as can be gleamed from the ATF ruling. This isn't my interpretation, it's what I learned when I built my AR pistol. I did a lit of research to make sure I would't end up in the big house.