So when do you apply for the ClassIII? Before purchase of the SBR upper, or before assembly?

I am a little confused with all the options at this point.

Quoted: So when do you apply for the ClassIII? Before purchase of the SBR upper, or before assembly? I am a little confused with all the options at this point.

Technically - before you assemble.  Once you assemble and you dont have your tax stamp in hand - you are in violation.

However, the smart money says - dont even BUY a short barrel until you have taken care of the legal work on the lower.

I know that I can pass muster as I hold an 01 FFL. I am just wondering if it is worth the added expense and hassle.

Now, if you could make one full auto that would be a different question.h.gif

There is an SBR FAQwww.ar15.com/forums/forum.html?b=3&f=14

First of all, "Class III" is the type of FFL you would have to sell MGs and all other NFA firearms other than DDs.  When you say "applying for a Class III" you are referring to an FFL getting his SOT or Class III license.  "Class III" commonly refers to NFA weapons, but is actually the type of FFL that sells NFA weapons.  "Title II" would more properly refer to the type of weapons sold by a Class III FFL.  If all you want to do is make an SBR as a civilian, you just submit a Form 1 and wait for approval.  It's not a license or a permit, just an application to make a firearm.

Secondly, you don't need to have the short barrel actually installed to be in violation, it need only be in your control.  "Constructive Possession" applies to federal gun laws, says if you have all the parts disassembled, you have the whole.  It's the same thing assembled or disassembled. If you have the receiver in your bedroom and a short barrel in the garage, you have an SBR.

That's why you send in the Form 1 first and wait for approval before you get the barrel.  That's the way to maintain compliance.

Thanks Home. That's the first time I've ever said that!

Or build a pistol lower as a "home" for the short barrel until the tax stamp comes through.