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9/22/2017 12:11:25 AM
Posted: 8/6/2005 9:42:23 AM EDT

I have the tools and know how to drill pin and weld a Phantom on a 14.5" barrel, or a 5.5" fh on a 11.5" barrel.

BUT If I order said short barrels......while not having an SBR....I am perfectly legal to have them in my home right? As long as I don't make a rifle out of the barrels before I pin and weld them to make them 16", right?

Thanks
Link Posted: 8/6/2005 9:51:52 AM EDT
Yes, you are fine.
Link Posted: 8/6/2005 9:52:59 AM EDT
General opinion is yes, it is intent to construct an unregistered SBR. But there was a lawsuit, maybey a criminal case involving Thompson firearms, something about them having pistol barrels that would work on rifles or something like that. Anyway, the rulling was in their favor. Hopefully someone can post more details than I can.
Link Posted: 8/6/2005 11:09:37 AM EDT
if its just a barrel along with a said flash hider that would make it legal then you should be good to go.


just dont put it all together without the flashhider and run around with it.
Link Posted: 8/6/2005 11:15:10 AM EDT
[Last Edit: 8/6/2005 11:15:22 AM EDT by mjohn3006]

Originally Posted By eklikwhoa:
if its just a barrel along with a said flash hider that would make it legal then you should be good to go.


just dont put it all together without the flashhider and run around with it.



I already have the flash hiders....I just need the barrels. I could not find a 11.5" at the gun show. So I have to order it.
Link Posted: 8/6/2005 11:41:34 AM EDT
Don't put too much thought into this. Just get what you need and expeditiously work towards finishing your project without telling people what's going on. Just like tax crimes, I understand most NFA busts come from inside info, often from "friends", family and acquaintences.

There have been successful convictions of people under the SBR/SBS laws for less than an assembled gun. Technically, if you have the know how and tools to swap barrels you are in NFA land, as we all know it can be a 15 minute job.

Again, ATF agents don't have spy cams in your house, just do what you need to do.
Link Posted: 8/6/2005 11:46:57 AM EDT
The intent thing is kind of retarded...

I mean, if we have the tools to create a legal barrel, we have the tools to make an illegal one.


I think you'd have more trouble if you had a pile a 11.5's and not a drill press in sight...


Just do it quick and do it right.
Link Posted: 8/6/2005 2:39:19 PM EDT
Just the short barrel alone--no problem. It only becomes "iffy" when it is a complete short upper.
Link Posted: 8/6/2005 2:48:11 PM EDT
Bottom line, dont assemble a complete unregistered SBR. No one is going to bust into your house for some parts laying around. If you have a complete SBR upper that can be mated to a complete lower, there is the issue of intent, but this doesnt seem to apply to you
Link Posted: 8/6/2005 2:56:14 PM EDT
DOnt do it! I heard the ATF is doing basement window stings!
Link Posted: 8/6/2005 2:57:07 PM EDT

Originally Posted By M4Madness:
Just the short barrel alone--no problem. It only becomes "iffy" when it is a complete short upper.




I don't think even a complete upper alone is a legal concern!

But if you were to complete the recipe (Instant SBR....., just add complete lower!!) Then at that point.., without the proper tax stamp.., you would be in illegal territory!!
Link Posted: 8/6/2005 3:22:24 PM EDT
From a BATF letter ruling in which the writer asked about having multiple short-barreled uppers while owning both an M16 (SBR would be in the same class) and a regular non-SBR AR-15 rifle:

Can you have several short barrel uppers (less than 16 inches) for the registered AR and still own semi-auto AR's?

The definition of a firearm in section 5845 of the NFA includes a rifle having a barrel or barrels of less than 16 inches in length. An individual possessing more than one short (less than 16 inches) barreled upper receiver for a registered AR15 machinegun along with one or more semiautomatic AR15 rifles would have under their possession of control an unregistered short barreled rifle, a violation of the NFA.


This ruling says that you can only possess a short-barreled upper if you have a registered weapon for it, and that you cannot own any extras if you also possess a non-SBR AR-15.

Just the barrel alone should not be a concern, as it is not readily convertible into an SBR. But I'd stay away from complete short-barreled uppers.
Link Posted: 8/6/2005 4:03:33 PM EDT
Sigh , No need to get all Paranoid unless you Plan on doing something illegal

A LOT of people have AR rifles and AR Pistols in the same gunsafe

After all , are we not Men?
Link Posted: 8/6/2005 4:06:28 PM EDT
[Last Edit: 8/6/2005 4:09:12 PM EDT by FloridaConfederate]
So every dealer that has 10.5 LMT uppers in stock has a corresponding registered reciever to go with it ?


There has been a pic of a dealer with like 10 uppers on a table test firing them ?

Seems like serious "constructive posession"..what a fargin crock
Link Posted: 8/6/2005 4:32:11 PM EDT
Intent?...oh no...OWN A HACK SAW!
Link Posted: 8/6/2005 4:39:22 PM EDT

Originally Posted By luckypunk:
Intent?...oh no...OWN A HACK SAW!



Good point.
Link Posted: 8/6/2005 4:41:57 PM EDT
Say you had one complete registered lower and a few complete SBR uppers. Then some regular AR-15 striped lowers with no stocks or LPKs. Do you think that would be intent?
Link Posted: 8/6/2005 5:12:37 PM EDT
Can someone please tell us which law(s) cover "constructive possession" and/or "intent to whatever".

And I don't mean the internet law of some guy on a website said...
Link Posted: 8/6/2005 6:39:45 PM EDT
[Last Edit: 8/6/2005 6:47:16 PM EDT by scottryan]

Originally Posted By M4Madness:
From a BATF letter ruling in which the writer asked about having multiple short-barreled uppers while owning both an M16 (SBR would be in the same class) and a regular non-SBR AR-15 rifle:

Can you have several short barrel uppers (less than 16 inches) for the registered AR and still own semi-auto AR's?

The definition of a firearm in section 5845 of the NFA includes a rifle having a barrel or barrels of less than 16 inches in length. An individual possessing more than one short (less than 16 inches) barreled upper receiver for a registered AR15 machinegun along with one or more semiautomatic AR15 rifles would have under their possession of control an unregistered short barreled rifle, a violation of the NFA.


This ruling says that you can only possess a short-barreled upper if you have a registered weapon for it, and that you cannot own any extras if you also possess a non-SBR AR-15.

Just the barrel alone should not be a concern, as it is not readily convertible into an SBR. But I'd stay away from complete short-barreled uppers.



This is wrong and has been retracted. This is also the same deal as the Thompson/Center ordeal.

If you have parts and all of them can be used in a legal configurations then you are fine.


As in this example, multiple shorty uppers can be used on the select fire lower. As long as the non NFA semi lower has a barrel of >16" you are fine.

This would not be legal if you had multiple shorty uppers and no >16" barrel for the non-NFA semi lower. As you now don't have a barrel that can be used legally with the non-NFA lower.


Another example is this:

I have two 10" pistol barrels for my T/C Contender pistol. One is .22lr and one is .243 Win. I also have a T/C Contender rifle in .30-06. Even though I have an extra pistol barrel, I am not in violation of SBR law, as I can use all barrels legally in some fashion.

If I where to put the .22lr 10" barrel on the T/C rifle frame, then I would be in trouble.

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