I live in Alaska, a state that permits NFA-regulated firearms. I understand that, because I am under 21, it is unlawful to purchase an SBR through an FFL licensee, or basically a dealer. In order to purchase any firearm or firearm parts online, they almost always must go through a dealer.

I understand that it is legal, however, to create and/or purchase an SBR from a non-FFL licensee. Basically, this means that I can create an SBR or purchase an SBR from an in-state resident.

I do not know of anybody from whom I can purchase a complete SBR. This leads me to the creative option. If I can, I will purchase the parts through a dealer. So now to my question:

Can I purchase a complete SBR upper receiver and complete lower receiver as two separate parts from a dealer? I have heard that the lower receiver must be registered as an SBR, but does that mean I can purchase this lower receiver and register it as an SBR from a dealer?

If I can't do that and am forced to find & purchase a lower receiver from a non-FFL licensee in-state resident, and then submit an ATF form 1 without going through a dealer, can I still purchase an SBR upper receiver through a dealer since the upper receiver is not in-and-of itself an SBR registered component? This possession of the upper receiver would be void of constructive intent because I would purchase the upper only after I have purchased and SBR-approved a lower receiver.

Very confusing, yes, but I am desperately looking for an answer! Thank you!

Having a complete lower with a complete upper and no other legal use for the complete upper could probably be found as constructive intent. You'd need to buy a lower, fill out a form 1, pay the $200 tax and wait for ATF approval. Then have your lower engraved with either your name, city, state or if you go the trust route, the trust name, city, state. After all of that, you can assemble the rifle.

I'm not a lawyer so wait for others more experienced than myself  to chime in. You can always just build a pistol out of it and use the Sig brace. Then you don't have to deal with ANY of that. If you finish and you still want to make an SBR, at least you can shoot it until you have approval - then sell the Sig brace to cover half the stamp.

You can acquire one this way:
1. Buy (or build) a complete lower
2. Register that serial number on a Form 1 with the ATF, either paper filed as an individual or electronically as an entity through EForms
3. Once approved, you can buy (or build) a short upper online or locally...the upper by itself isn't an NFA item so it can be shipped directly to your house

You need to get your info engraved on the lower before it's configured into an SBR. Some do it before approval, some after. (I did all 7 of mine while waiting for approval).

you are going to have to buy an ar15 as a rifle from an FFL because an FFL will not transfer a lower to someone under 21 . I don't know legal age for an SBR but I think its 21. (don't quote me)

This is correct. Might be easier to buy a complete gun and cut the barrel of swap uppers after your stamp comes back.

If you can get a lower do that and submit a form 1. Have the gun engraved and when you get the stamp back order whatever upper body r uppers you want and go to town.

BigWaylon nailed it.

I got mine at 18, it was no big deal

Can't buy a lower from a dealer if you aren't 21 so he will have to find a private party

^^  This or the lower can be a gift form a relative...

 

You can buy a complete rifle lower.

Back in 08 these restrictions were not in place and I bought a stripped lower at 18

You can build yourself with Form 1 and SBRs or suppressors. Cant buy and transfer via form 4 until 21.

BTW whats with the sudden rush of 18-21 year olds wanting NFA items? been several posts in the last couple weeks.

I was dirt poor in college, kids these days must have some serious disposable income.

Never said he had to buy it from a dealer. I know they're treated like handguns, so 21 and up from dealer. Pretty easy to find one locally for sale by and individual, or given as a gift.

As mentioned, complete rifle lowers can be bought...stripped lowers cannot. brain fart...ignore this. Neither are available to be purchased from a dealer.

There's no such thing. Either it's a rifle in complete form or it's a stripped receiver. Even if there's a stock on it, it's not a rifle.

ETA : Unless it was assembled as a rifle, then taken apart and sold again which makes the situation kinda hairy.

Definitely consider this route as well.

Then, you have multiple options:
1. Cut down current barrel
2. Barrel swap
3. Have two uppers

I highly recommend #3.

ETA: heck, for all we know, you may already have a couple full size ARs. If so, pick one and register the serial number.

200 dollars isn't what it used to be.

No such thing as a rifle lower.

I would form an NFA Trust with someone over 21 on it then have the the SBR transferred to a trustee over 21.

If you say so

http://www.impactguns.com/smith-and-wesson-complete-lower-rec-mp15-812002.aspx

It seems to be the simplest in my head. Maybe not the cheapest.

I'm an 07FFL.  I know the laws about what lowers are what.  A lower without an upper is a lower.

I believe the bureaucratic spaghetti goes like this:





-A naked lower s/b 4473'd as "other". It can then be built as either a pistol or rifle.





-A lower that has been 4473'd as a "pistol" can later be turned into a "rifle".





-A lower that has been 4473'd as a "rifle" can not legally be built as a "pistol".





Although, I have no idea how the distinction between these points can be practically enforced except for very specific circumstances; i.e. the original owner (person who bought the lower from an FFL) retains their 4473 and shows it to an LEO with the firearm in an "illegal" configuration.





Even then, the LEO would have to be an ATF agent or someone else with a) a detailed knowledge of firearms laws & b) a desire to be a douchebag.

 

That's a complete lower, not a complete rifle lower. I can buy it, remove the stock, and legally build it into an AR pistol. It transfers as an "other" on a 4473, whether it has LPK/LBK installed or not.

Unless it was built as a rifle, it's just a lower whether stripped or complete.

There is no choice on what a lower is. A lower is not a rifle or handgun therefore other is the correct choice. If they mark it otherwise they are incorrect.

Got my first SBR stamp at 20.

Even if they screw up and mark it something else legally it is still just a receiver.

 

All lowers are 4473'd as receivers.

And the ATF gets pissy.

Apparently I have it backwards; Once a receiver is originally assembled as a rifle, it must stay that way. However a pistol can be reconfigured into a rifle and back; http://jerkingthetrigger.com/2013/11/20/ar-15-pistols-clearing-up-some-misconceptions/
ATF Ruling: http://www.atf.gov/files/regulations-rulings/rulings/atf-rulings/atf-ruling-2011-4.pdf
Bottom of 2nd page of ruling:  "... 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. "
Realistic Ways that ATF can enforce this:                  
 

Just get a Sig Brace...

My point was to simy point out that you don't have a choice what to pick on the 4473. When you wrote 4473'd it made it sound like they get to choose and that is not the case.

What about an 80%? I dont know the laws, and dont think I saw it mentioned. Cant you use an 80 for whatever purpose you like?

Yes, you can use an 80% lower for a SBR/SBS if you so choose as long as you have the approved Form 1...

 

Oh yeah, completely forgot about forms. nevermind then