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57Strat
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Posted: 5/2/2012 6:39:44 PM

THE IMAGE ABOVE IS A PAID ADVERTISEMENT
I am five months into my first Form 1 submission to build an AR15 SBR (went pending in early January). I am getting really itchy to go ahead and order an SBR upper so it will be here waiting when my approval form arrives in the mail. Is this OK from a legal standpoint?
reelserious
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Posted: 5/2/2012 7:52:41 PM
just don't have an unused lower.
sgtgeo
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Posted: 5/2/2012 7:55:45 PM
Originally Posted By reelserious:
just don't have an unused lower.


I would think he already has the lower standing by waiting on the stamp.

as long a a stock has never been on the virgin lower I think you are good.

1. Build it as a pistol while waiting on SBR paperwork
2. ?????
3. Profit?
If you are wearing a Lab Coat and safety glasses you can't get hurt
57Strat
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Posted: 5/2/2012 8:09:23 PM
Originally Posted By reelserious:
just don't have an unused lower.


The Form 1 gun is currently a 16" carbine. When the stamp arrives I want to put a 11.5" upper on it, which I will have to order. I currently don't own any NFA SBR rifles or any AR15 pistols.
jjwheeler2
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Posted: 5/2/2012 8:44:21 PM
Originally Posted By 57Strat:
Originally Posted By reelserious:
just don't have an unused lower.


The Form 1 gun is currently a 16" carbine. When the stamp arrives I want to put a 11.5" upper on it, which I will have to order. I currently don't own any NFA SBR rifles or any AR15 pistols.


Do you have any stripped lowers that you could throw a pistol buffer tube on?
57Strat
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Posted: 5/2/2012 9:50:07 PM
Originally Posted By jjwheeler2:
Originally Posted By 57Strat:
Originally Posted By reelserious:
just don't have an unused lower.


The Form 1 gun is currently a 16" carbine. When the stamp arrives I want to put a 11.5" upper on it, which I will have to order. I currently don't own any NFA SBR rifles or any AR15 pistols.


Do you have any stripped lowers that you could throw a pistol buffer tube on?


Nope
thormx538
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Posted: 5/2/2012 10:19:19 PM
I have always read on here that you should not have a short upper laying around without a proper host lower (SBR with stamp, or pistol) when you have other rifle lowers in your possession.
Homeinvader
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Posted: 5/3/2012 2:12:45 AM
Do not have that 16" AR rifle and an SBR upper in your possession until you receive your approved Form 1.

This situation is called Constructive Possession and is chargable as if you possessed a complete, working unregistered SBR. It's a felony.
WheelsUSN
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Posted: 5/3/2012 8:31:02 AM
Order the upper and have it delivered to a family member or friend who doesn't have a lower. Leave it at their house until you get your stamp back. As long as the upper and lower are never in the same location then you don't have a problem.
frowertr
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Posted: 5/4/2012 11:14:47 AM
Originally Posted By WheelsUSN:
Order the upper and have it delivered to a family member or friend who doesn't have a lower. Leave it at their house until you get your stamp back. As long as the upper and lower are never in the same location then you don't have a problem.


This is exactly what I'm doing. I'll have a friend or family member hold the lower for me while I'm waiting for Form 1 to come back.