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Posted: 5/2/2016 1:02:50 PM EDT
New to the forum and to building ARs and I have zero experience with anything NFA. If this question has been answered before please just post a link to the old thread, and accept my apologies for bringing up an old question.

First, let me say I have not built anything and am just trying to find out what is legal and what isn't.

I hear on (YouTube Channel) the other day that it is legal to buy/build a lower receiver and register it with NFA/pay the stamp taxes and then build the SBR/Suppressed upper to go with the NFA you've already done. Essentially this might allow you to have one lower with multiple Uppers. Say 3 uppers in 3 different calibers, 556, 300blk and .25 with barrels under 16 inches.

My questions are the following:

1. Is this legal since the lower is the serialized part?

2. If legal would that be one tax stamp for the lower or 3 stamps for the three short barreled uppers?

3. Can you show me legal documentation that proves you are correct so I am not just taking the word of a stranger on the interwebs?

Again, not looking to do anything illegal and I am totally asking out of ignorance here.

Thanks for the help
Link Posted: 5/2/2016 1:15:14 PM EDT
[#1]

Quoted:


New to the forum and to building ARs and I have zero experience with anything NFA. If this question has been answered before please just post a link to the old thread, and accept my apologies for bringing up an old question.



First, let me say I have not built anything and am just trying to find out what is legal and what isn't.



I hear on (YouTube Channel) the other day that it is legal to buy/build a lower receiver and register it with NFA/pay the stamp taxes and then build the SBR/Suppressed upper to go with the NFA you've already done. Essentially this might allow you to have one lower with multiple Uppers. Say 3 uppers in 3 different calibers, 556, 300blk and .25 with barrels under 16 inches.



My questions are the following:



1. Is this legal since the lower is the serialized part? The Lower is the 'registered' part. It IS the firearm.



2. If legal would that be one tax stamp for the lower or 3 stamps for the three short barreled uppers? 1 tax stamp per SBR lower. Another tax stamp for a suppressor. You can have as many uppers as you want with as many barrel length as you wish. The upper in an AR15 is not a firearm. An SBR is not an SBR until it has a short barreled upper attached to it. Best 'legal' way is to SBR a lower, then buy the upper.



3. Can you show me legal documentation that proves you are correct so I am not just taking the word of a stranger on the interwebs?



Again, not looking to do anything illegal and I am totally asking out of ignorance here.



Thanks for the help
View Quote




 
Other notes:




Once you remove an upper from the lower or install a 16" + length barrel on the lower, it is no longer an SBR, although it is still registered as one, and can be made into an SBR again once a short barreled upper is installed.

You can sell an SBR'd lower by itself without having to do NFA paperwork. However, the other person will not be able to SBR it until you contact the NFA to take it off, which is not necessary. Same goes for selling an SBR lower with a 16" + upper receiver.






Link Posted: 5/2/2016 1:15:23 PM EDT
[#2]
1. Yes

2. One tax stamp for the lower and you can have as many short barreled uppers in as many calibers as you want.

3. I don't have any direct quote from the ATF, no. The law is that if you have a legal configuration, then you are good. If you have no possible legal configuration, that's when you're in bad shape.
Link Posted: 5/2/2016 1:18:07 PM EDT
[#3]
You might want to read through the SBR section of this website, lots of good information about a lot of stuff.

https://www.ar15.com/forums/f_6/51_Short_Barrel_Rifles__SBR_.html
Link Posted: 5/2/2016 1:32:33 PM EDT
[#4]
Thanks guys I'll take a look at the SBR section....this was the first stop on this line of thought because I figured someone could tell me if I was nuts or the idea was flat out illegal....now for some research and potential builds....
Link Posted: 5/2/2016 2:16:04 PM EDT
[#5]
As mentioned, you can use multiple short barrels with an SBR under the one SBR stamp.  Multiple suppressors require a separate stamp per suppressor, even if you're going to mount them on that same SBR, because a suppressor is its own type of NFA firearm, while an SBR specifically only includes an assembled complete rifle that happens to have a short barrel.

The suppressors are still suppressors even when not mounted on a rifle, while the spare short barrels are just short barrels (e.g., potential pistol barrels, maybe just odd looking pipes) unless they happen to be installed on a rifle.
Link Posted: 5/2/2016 3:19:16 PM EDT
[#6]
One thing...  if you make your own lower from an 80% blank I think this is an area where you will probably have to put a serial number on it in order to register it as an SBR.  As part of that registration it will need to be engraved with your or your trust's information so that is probably not really an issue.
Link Posted: 5/2/2016 4:05:11 PM EDT
[#7]
I don't know if it is OK to link to another site, but this question was posed on another site yesterday. It was answered by two aledged lawyers, so take it for what it cost you.

https://forums.1911forum.com/showthread.php?t=580809

If not OK, please delete.
Link Posted: 5/2/2016 8:32:15 PM EDT
[#8]
You can also go to the ATFE web site and read up on all the rules/regulations/laws.  They have the NFA Handbook as well as the Federal Firearms Rules and Regulation booklet on line, free to anyone who wants to read it for themselves.
NFA Handbook
Other info is online on the ATFE site and should be where you go for straight info.
Link Posted: 5/3/2016 3:53:33 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
You can also go to the ATFE web site and read up on all the rules/regulations/laws.  They have the NFA Handbook as well as the Federal Firearms Rules and Regulation booklet on line, free to anyone who wants to read it for themselves.
NFA Handbook
Other info is online on the ATFE site and should be where you go for straight info.
View Quote


This is your best answer.
Link Posted: 5/3/2016 4:02:15 PM EDT
[#10]
A lower receiver is not, and cannot be an SBR, as it does not have the required features that define an SBR such as a stock and barrel. An SBR is an assembly of a particular configuration. The stamp allows you to assemble an SBR using the designated receiver.
Link Posted: 5/4/2016 4:05:42 PM EDT
[#11]
It should also be noted that a lot of people will do the required NFA engraving first, then submit their form 1.

While their form 1 is pending then assemble their future SBR as a pistol (pistol buffer tube) shoot it, troubleshoot it, and have fun.

When the form 1 is approved then just screw off the pistol buffer and put on  a rifle buffer/stock.

Link Posted: 5/4/2016 4:12:02 PM EDT
[#12]
IMHO, forums are NOT a good place to get this kind of information. There are too many know-it-all's who actually don't know a GD thing and will lead you down wrong roads. Look through the ATF information, find someone local you trust, verify everything you hear. The reality is most people can do all sorts of illegal stuff and the ATF won't kick down their door for it, but if they do, you could spend a LONG time in jail.

Don't ask people you don't know for information they don't know. There are a lot of smart, well meaning people on forums, but for everyone of those there are 100 of the other kind of person. This is too big a risk to take and too highly technical a question to do by popular vote.
Link Posted: 5/5/2016 11:33:29 AM EDT
[#13]
I'm going to start stamping my barrels instead of engraving the lower. Cheaper in the long run and looks cleaner. Just have to make sure it can be seen i.e. through a vent hole
Link Posted: 5/5/2016 11:59:56 AM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
IMHO, forums are NOT a good place to get this kind of information. There are too many know-it-all's who actually don't know a GD thing and will lead you down wrong roads. Look through the ATF information, find someone local you trust, verify everything you hear. The reality is most people can do all sorts of illegal stuff and the ATF won't kick down their door for it, but if they do, you could spend a LONG time in jail.

Don't ask people you don't know for information they don't know. There are a lot of smart, well meaning people on forums, but for everyone of those there are 100 of the other kind of person. This is too big a risk to take and too highly technical a question to do by popular vote.
View Quote


As an FFL/SOT holder, I can tell you a good majority of the information posted on this website is very accurate and will keep you out of trouble if you pay attention to it, but it is always a good idea when dealing with controlled items to make sure and read up on the particular laws that pertain to what you are wanting to do.
Link Posted: 5/5/2016 1:22:50 PM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


As an FFL/SOT holder, I can tell you a good majority of the information posted on this website is very accurate and will keep you out of trouble if you pay attention to it, but it is always a good idea when dealing with controlled items to make sure and read up on the particular laws that pertain to what you are wanting to do.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
IMHO, forums are NOT a good place to get this kind of information. There are too many know-it-all's who actually don't know a GD thing and will lead you down wrong roads. Look through the ATF information, find someone local you trust, verify everything you hear. The reality is most people can do all sorts of illegal stuff and the ATF won't kick down their door for it, but if they do, you could spend a LONG time in jail.

Don't ask people you don't know for information they don't know. There are a lot of smart, well meaning people on forums, but for everyone of those there are 100 of the other kind of person. This is too big a risk to take and too highly technical a question to do by popular vote.


As an FFL/SOT holder, I can tell you a good majority of the information posted on this website is very accurate and will keep you out of trouble if you pay attention to it, but it is always a good idea when dealing with controlled items to make sure and read up on the particular laws that pertain to what you are wanting to do.


What this site has is peer review.  While some people may chime in with stuff that isn't correct or isn't completely correct...  someone else will almost always come along and correct them.  There are know-it-alls out there that don't...  but there are also some pretty knowledgeable people out there.  Usually by the time a thread has wound itself out the truth will be obvious.

So bottom line...  don't run with the first thing you read until it has been verified...  unless it comes from someone of impeccable credentials.  Once most people have been on arfcom long enough they've figured out who those people are.  It usually becomes clear pretty quickly who some of the poseurs are.

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