What is the difference between a SBR vs AR pistol? For seasoned gun owners this might be a simple question. But as you may have heard, this past year has seen over 20 million sales in firearms. Many of those first time buyers were looking to protect themselves, were just getting into shooting casually or maybe getting into hunting. For those unaware of the political and legal issues, many of these new guys (and gals) were likely drawn to the AR-15’s sleek design in a lighter, more compact and maneuverable package.

But eventually, we all were warned at one point by friends or gun shop employees of potential legal issues regarding the modification of this firearm. We often see variations of the AR-15 on the silver screen that are short, long, suppressed and outfitted with a wide variety of accessories so what’s the big deal? We get into all of that today. But first, some background context.

What is an SBR?

SBR is an acronym for ‘Short-Barreled Rifle’ and is also known as an ‘NFA’ item or a ‘Title II Firearm’. By legal definition, an SBR is any rifle with a barrel length less than 16” and, or an overall length of less than 26 inches. This also includes handguns fitted with butt stocks or with a forward grip. Why its status as a Title II firearm is important is because they require a $200 tax stamp to own legally, which unfortunately takes around a year to get approved. Subverting this process (intentionally or not) would instantly make a person a felon, which is why it is important to understand how registering an SBR works.

To be clear, the tax stamp has to be acquired and approved by the ATF *before* the rifle is built, or else it is an illegal unregistered NFA item. Legally, this would be looked at as a crime akin to building a machine gun. For those interested in building AR15 pistol kits it’s up to you to be aware of your local ordinances and state laws regarding making your own privately made firearm.

What is the Difference Between a SBR vs AR Pistol?

There are more legal and technical differences between a SBR and AR Pistol than there are functional. An AR pistol is simply an AR-15 with a barrel length less than 16 inches, a pistol brace, or no butt stock at all and no vertical foregrip. So long as the AR15 pistol build does not include those last two items, it’s within the legal definition of an AR pistol. Functionally speaking, AR pistols are very similar to SBRs, the main difference being AR15 pistol builds are designed to be fired from one hand, hence the pistol brace, lack of rifle stock, and the omission of a vertical foregrip. Other than these “evil” ergonomic accessories, an SBR and AR Pistol both work in the same way as any firearm would. The difference is mainly in how either one is handled.

Why vertical foregrips are disallowed on pistols has to do with intent: If something that is legally defined by being designed to be shot with one hand (i.e. a pistol) has something on there specifically to use your other hand to stabilize the weapon, it is clearly no longer designed to be used with one hand — which would mean it's not a pistol, and is therefore an SBR or an AOW (Any Other Weapon). That being said, it was stated by the ATF that it is okay to shoulder pistol braces on an AR15 pistol build in a 2017 determination letter. However, many proponents of going the AR15 pistol build route, understandably, are concerned about the seemingly uneasy legal status of pistol braces, as the ATF has made several attempts to ban and restrict them fairly recently (2021R-08).

What makes an AR Pistol an SBR?

An AR pistol is not an SBR, however it is very easy to mistakenly convert an AR15 pistol build into one. If one were to put any rifle stock (telescoping or not) on an AR15 pistol kit, it would instantly become an SBR. The same goes for vertical foregrips, as legally the intent is to use the gun with two hands fulfills the definition of a rifle. Ignore the fact that anyone who is even remotely familiar with firearms shoots a handgun using two hands anyway, because this is unchanged and uncontested 1930s era logic we’re talking about here. The long and the short of this is: So long as your AR pistol build has 1.) A pistol brace or no stock, 2.) no vertical forward grip, and 3.) has a barrel less than 16” inches and an overall length of 26” or less, you will not be getting a visit from your local Federal Agent. If it's your intention to keep your AR15 as a "pistol" and not be a "SBR" then make sure the butt stock you use has that piece of velcro on it which would help secure a person's arm 

Commonly Seen Examples of SBRs in History and in Media

For us Americans, the most common SBR anyone has seen is likely the M4A1 carbine. It was (and is) essentially a modified M16 with a shorter barrel and higher pressure tolerances in an overall lighter compact package. The M4A1 is among the most commonly seen examples of an AR15 SBR suppressed. Countless movies and video games have featured the M4A1 with a sound suppressor. Sadly, certain guns like the M4A1 are not legal to purchase due to the “Firearm Owners Protection Act” which banned all machine gun ownership for models manufactured past 1986 (save for some post-dealer samples, but those cost tens of thousands of dollars).

Perhaps the most historically significant SBR in American history is the Winchester model 94 carbine, as this was the firearm that probably changed the barrel length requirements of the National Firearms Act in the 1930s. When the NFA was initially proposed, Winchester had already been making a large amount of these rifles, meaning that thousands of people became felons overnight. Additionally, after World War 2 the United States Government had a very large surplus of M1 rifles, but at the time they were considered SBRs due to the barrels being less than 18”.

Since there was good money to be made at the time in selling rifles back to the civilian population, the government graciously decided to let the people keep and bear arms, and lowered the barrel length requirement (around the time these surplus rifles were being sold ) to 16” after it was previously 18” for rifles and shotguns. Although there is no official reason stated for the change in barrel length, this has been the most widely accepted theory.

Why Use an AR Pistol?

If SBRs are completely legal (albeit somewhat tiresome to acquire legally), why own a pistol chambered in a rifle round like an AR-15? The most obvious answer would be accessibility. Not only are SBRs inherently more expensive with a $200 pay-to-play each, but they are also flat-out illegal or are even further restricted in some states. Additionally, the ATF *must* be notified if you plan on bringing an SBR across state lines, so if you have a buddy who lives on the border of your adjacent state, you are going to have to plan your shooting trip a few months in advance so you can wait for approval from Big Brother. Most of the advantages of AR15 pistol kits are simply avoiding the legal hassles associated with SBRs.

Frankly, most see these hassles as over-compliance which few are willing to deal with. Most gun-owners do not want to be talking regularly with the ATF. As far as design advantages go, pistol braces allow the user to shoot their AR15 pistol kits more easily with one arm, as the brace provides more support and ample stabilization. Shooters with disabilities find this especially useful, and braces are a crux of the legal argument for AR15 pistol builds to begin with. However, it should be noted that pistol braces do *not* count towards the total length of the rifle, so that needs to be taken into account when planning an AR15 pistol build.

To sum it all up:

• No need to follow the federal rules/guidelines associated with legal SBRs, as the weapon is not classified as a rifle due to the nature of the firearm.
• AR15 Pistol Kits do not require a $200 tax stamp or any kind of waiting period, and can be transported across state lines without issues with the Federal Government (individual state laws still apply, of course).
• All of the advantages of an SBR, minus the rifle stock and forward grip.
• Your name is not put on a registry for owning an NFA item.
• No regular house calls from the ATF (if you are doing it right).

Why use an SBR?

If the above reasons are not enough to scare someone off from applying for a tax stamp, they get to enjoy a few luxuries: Now that the firearm is an official and kosher SBR in the eyes of the federal government, there are no federal limitations as to what furniture can be installed to the gun. Any full-size rifle stock you could throw on a normal AR-15 can be thrown on an SBR, and any form of forward vertical grip can be used without concern of a certain alphabet organization mistaking your pets or sleeping pregnant wife as armed combatants. Unfortunately, mechanically SBR vs AR pistol builds are too similar to really differentiate beyond the legal red tape regarding the pistol brace and stock. Realistically, it is more paying for peace of mind if the Feds decide to crack down on AR pistols in the future. However, $200 dollars for a hypothetical ‘maybe’ is too much for some and understandably so. Plus, most people are not going to want to pay taxes on their gun twice. That being said, shooting an AR15 SBR suppressed makes anyone instantly feel like a badass, not to mention you get to protect your hearing while shooting.

To sum up the plus sides:

• You can throw any furniture you want on your rifle without getting in trouble with the Federal Government.
• You get all of the advantages of a shorter rifle, without the questionable legal status of AR pistols.
• You can say you legally own a real SBR.
• The roads in your town might finally start getting worked on because of your generous $200 donation (in reality, probably from extra COVID funds)

The Issues With Owning Legal SBRs

Even if you’ve crossed your ‘t’s, and dotted your ‘i’, that does not always mean you are out of the woods, so to speak. Unfortunately, when you own an SBR there are risks you are exposing yourself to during transportation and just general possession. Sometimes there is law enforcement ignorance and ATF questioning that might create issues even for someone with a squeaky clean record and a legal SBR. It is very possible that during a regular traffic stop an ill-informed police officer might attempt to make an arrest and seize your legally registered firearm if you mention the words ‘SBR’ at any point and do not happen to carry your tax-stamp everywhere you go. Our intention is not to scare you but to educate. So it’s good to be aware of why SBRs are such a touchy subject and to also arm yourself with knowledge.

Pistol AR vs SBR, What’s Right for the Average Person?

AR pistols will inevitably always be A.) more accessible, B.) cheaper, and C.) much less of a legal liability than any SBR. The legal limitations to owning an SBR are too much for the majority of people out there just looking for a more maneuverable home defense option than a full-sized rifle. Sure, pistol braces can be uncomfortable, but is it worth $200 dollars and being put on a national registry? Anything an SBR can do ballistically, an AR15 pistol kit can do at a fraction of the cost of your sanity. This is why the majority of gun owners just deal with the pistol brace, otherwise they have to deal with the government. If you are dead set on owning a proper, above -the-table SBR the option is still there, just get ready to hurry up and wait. There’s nothing like shooting an AR15 SBR suppressed, so perhaps the wait might be worth it to you.

If You’re Looking for an AR15 Pistol Build, We Have Everything You Need

Finally decided to pull the trigger on putting together an AR15 Pistol Kit? We offer a wide variety of different components and furniture to make your dream gun a reality. Check out our AR-15 parts on Modulus Arms to start planning your build today and let us know if you have any questions along the way!