Been very interested in doing my first SBR with a Spikes Tactical Calico Jack Stripped Lower that will eventually be put together in phases and used on a 11.5 Upper that will purchased in the near future, and sooner or later will be installing a KAC URX 3.1 10.75 Rail, doing this in phases!
I've been reading through a lot of the FAQs to this but I am very confused by all of this information, can I buy a stripped lower first before filling out the paperwork, or do I need to fill out the paperwork first? It will be a trust of course, but I've read conflicting information, so I've thought it better to post it here and I apologize ahead of time if posted in wrong area, and I'm sure this has been asked a million times and apologize again for asking!

Thanks for any help!

can I buy a stripped lower first before filling out the paperwork

Yes, since you are building the sbr, you will need the serial # for the paperwork.

Once approved you may complete the sbr.

I am not a lawyer, I am not a FFL/SOT type, if I misspoke, others will chime in.

Am I also able to buy the upper before the paperwork comes back? Its' illegal to attach if I'm not mistaken till approval correct?, and the lower must be engraved before I attach as well correct, or do I need it engraved before I fill out the paperwork? Thanks for the quick response!

Am I also able to buy the upper before the paperwork comes back?

It gets a little iffy, I would not, many will say yes, if you have a pistol lower on hand then you should be OK but honestly me personally I would not.

Its' illegal to attach if I'm not mistaken till approval correct?, YES My understanding is that is illegal.

and the lower must be engraved before I attach as well correct, Yes, that is my understanding

or do I need it engraved before I fill out the paperwork? You do not need it engraved before you fill out the paperwork has always been my understanding.

I am sure others will be along shortly.

I bought my lower, got it engraved, and then sent in the paperwork. I built it as a pistol first. So I could go shoot it. When I got the stamp back, I changed the extension and threw a stock on it.

Also....I built it using the advice from my FFL who is also a manufacturer.

If you want about 20 - 30 other responses just post it in GD.

It is often a shinola show but you will get a lot of responses.

In the past NC has had some strange laws concerning SBRs  Something about the only legal purpose is for "reasearch."  So, none of what I say has anything to do with State law, only federal law.

The first step is to buy the stripped lower.  You will need the serial number from the lower to send your Form1.  Go ahead and download a pdf of the ATF Form 1 so you have some idea of the information that you will need.

You can not buy your upper until you have your Form 1 approved.

You can build an AR-15 pistol with the lower, and then add the stock after the Form 1 is approved.

My recommendation as to the order of assembly follows:

Buy your stripped lower.

Get the lower engraved.  Engravers make errors.  Lowers get lost in the "mail" going to and from the engraver.

Install the LPK.  Lowers get broken during assemble.

At this point it is still a cheap lower and it is not a huge deal if it gets screwed up.

Once your engraving is done and you have not broken your lower during assembly, send in you Form 1.  If you send the form first and scew up the lower you have a 200 dollar screwed up lower.  Yea you can get a refund, but...

If you are going to build a pistol first, you can complete your lower as a pistol and order your upper while waiting for approval.

When You get you approved Form 1 your can order your stock and install it.

My final recommendation is that you buy two lowers.  Complete one in a pistol configuration and leave it in that configuration for the rest of your NFA life.  As soon as you have your first lower configured in the pistol configuration, then you can do anything you want, in any order you want, and order all the uppers you want, any time your want, because you will always have a legal use for the short uppers.  But you can't have a stock until you have an approved Form 1 or a Title I AR15- rifle.  I said that assuming everyone has at least one Title I AR15 rifle.

I would assemble the lower and shoot it as a pistol if you will be in possession of the short barreled upper, or as a rifle with a carbine upper. Make sure the lower doesn't have any problems before you get your stamp. After you submit your Form 1, you can have the engraving done. There is no crime in owning an engraved lower.

Thanks for all the responses, I appreciate it! The reason for buying the 11.5 upper, is I have my eyes set on one that goes out of stock all the time, would like to purchase when I can as I having the necessary funds ready at the time, I realize it's not illegal but I'm sure it is frowned upon, but like many recommended I will probably turn it into a pistol configuration until approved, but would like to snag it when I can if that makes any sense, and pistol configuration is the buffer tube without the stock correct or is it a special kind of tube? Not really into the pistol braces, but would buy if necessary, but once again thanks for the quick responses, and as far as the NC law goes even as a trust I have to have it approved by the CLEO? Reason being research, I know as of 2015 SBRs in NC can be used for Hunting, living in the High Country, I would prefer a shorter barrel and would that be an appropriate reason for an SBR? Once again been reading through it and it is strange and confusing to me, but would that question be better posted in the local forum section? Thanks Guys!

As far as the "uses" section on the form.... "All legal purposes." is good enough for the ATF.

1. CW usually was that a rifle tube wasn't ok on a pistol lower, but now SB Tactical has their SBA3 brace, which is advertised as using a standard CAR style tube, so that particular configuration seems now approved.

I still would never put a standard A2 rifle tube on a pistol lower,  without removing the stock attachment threads.  (Not a lawyer -opinion).

2. A shorter barrel is the only reason for an SBR!

Even if the current wrist brace "ruling" has made SBRs largely an unnecessary, inconvenient, expense, a new "interpretation" can make shouldered braces vanish overnight, but an SBR would/should still be ok.

Yes, you would want a brace, if you would like to use that lower with short uppers while waiting for your stamp.  You may even find yourself wondering why you applied for the stamp; see the above sentence.

3.  "Strange" doesn't begin to describe the entire NFA system.

So just to confirm I am reading this right, I have 2 AR pistols (80%'s), so I should be fine using AR stripped lower as an SBR and be in possession of uppers with barrels of less than 16".

Correct, but I would build the stripped lower as a pistol first, just to keep my options open. Just leave the stock off until your Form 1 is approved.

What I did for my 10.5.

Bought lower and built it as it as a pistol.
Added the 10.5 upper
shot it to make sure all was good to go.
Got lower engraved.
Submitted F1.
Stamp in hand, removed the pistol buffer tube added a carbine buffer tube and stock.
Moved the pistol tube to a lower for a 10.2 300BLK upper.
Will repeat the above process when I have time.

Smart way to do it

Thanks for all the response, Big Waylon, Going to pick up my lower up in the next couple of days and put it together, I appreciate you reaching out, and will probably be reaching out shortly, and once again to everyone else I appreciate the input!

Who are y'all getting to do the engraving?

Thanks!

Is there anywhere to get a stripped 11.5 Upper with a low profile gas block? Looking for a relatively cheaper one with a 1/7 Twist Rate Chrome Lined, or what are my best options? Thanks! Or would it be better to buy the the barrel and upper receiver separate and take it to a gun smith? I'm looking at this BCM right here, BCM KMR Upper, and how hard would it be to strip the rail system off and put on a KAC URX 3.1 10.75 Length Rail? Does BCM Pin weld the flash hider or nay?

I'm guessing he meant a barreled receiver

Shit Sorry this lol, I stand corrected.