AR Pistol Receiver Extension Laws/Rules

[xamrats]

I've done all the searching and I cannot find a definitive answer. The closest thing to one is here: https://johnpierceesq.com/which-buffer-tubes-can-i-use-on-my-ar-pistol/

I've read that an AR pistol must have a pistol buffer tube. I've also read it can have a carbine/buffer tube as long as you don't have a spare stock laying around, which would be considered constructive intent.

But I cannot find any California or federal law saying anything other than it must not be a stock because then it would be an SBR.

What I am wondering is if it's ok to put something like an A2 rifle length buffer tube on an AR pistol. Perhaps one should drill the hole out the end to ensure an A2 stock cannot be attached? Or what about a regular six position carbine buffer tube without a stock in sight?

Thanks

 

[2azone]

Honestly, you can put any kind of tube you want on it as long as you don't put a stock on it. You can have a spare stock lying around as long as you have a gun that that stock would fit

 

[xamrats]

Thanks for your response. I'm actually in the process of gathering parts for an SSE build from you at the moment.

 

[RickD427]

You're not going to find a great deal of clarity in response to your question.

Please be careful in your consideration of the writing of Mr. Pierce that you referenced in your first post. Mr. Pierce gives a very good treatment as to the FEDERAL law, and the ATF correspondence that he incorporated also address the FEDERAL law. California has it's own statutes which are very similar to the federal statutes, but which may be interpreted more strictly as STATE law as California DOJ has often done.

I would direct your attention to California Penal Code section 17170 which defines a "Short Barrel Rifle" and section 17090 which defines a "Rifle." Please note that section 17170 includes a "Constructive Possession" clause. Section 17090 provides that a rifle must be intended to be fired from the shoulder.

The whole issue of what buffer tubes may be installed on a virgin AR-15 receiver (meaning one that was never configured as a rifle) revolves around the issue of whether the resulting weapon's design was such that it was intended to be fired from the shoulder. That question is wide open to a lot of interpretation.

In the broadest interpretation, if the buffer tube could be placed into the shoulder pocket and the weapon fired in such a configuration, then it's a rifle, and if the barrel is less than 16", it's a Short Barrel Rifle.

In the narrowest interpretation, if there is no shoulder pad, or any fitting at the stern end of the buffer tube designed to fit the shooter's shoulder pocket, then it's not a rifle, and if it's not a rifle, it cannot be a Short Barrel Rifle.

The real problem here is that it's not your interpretation that counts. It's the interpretation of your arresting officer and filing Deputy District Attorney.

 

[xamrats]

Thank you