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Posted: 4/20/2007 5:58:09 PM EDT
If I register one of my AR15 recievers as an SBR and have more than one SBR upper to go onto it, can I still have my other AR15's that are not registered or would the ATF say that I had intent to construct an unregistered SBR just by having the additional uppers, even though I would have no intention of ever putting the SBR uppers on the unregistered recievers. I'm sure there is an answer here on the forum somewhere, I just cant find it.

Thanks in advance,
John
Link Posted: 4/20/2007 6:12:23 PM EDT
BATFE frowns on it. Constructive Possession is a no-no.
Link Posted: 4/20/2007 6:29:20 PM EDT

Originally Posted By Capn_Crunch:
BATFE frowns on it. Constructive Possession is a no-no.

CRAP! Are you serious!?
Link Posted: 4/20/2007 6:31:12 PM EDT
[Last Edit: 4/20/2007 6:32:14 PM EDT by sledhead907]
I've always been under the impression that you were good to go with the extra uppers.

Not sure how it could be considered "constructive posession" if you have a legal SBR...
Link Posted: 4/20/2007 6:37:27 PM EDT
I read something similiar to CC's reply I believe somewhere on quarterbore which is why I'm asking here. I would like to register one of my recievers but want to have different uppers to use with it, But since I have other ar's, It's not worth the $200 dollars for me, just have one SBR upper in possesion.
Link Posted: 4/20/2007 6:39:13 PM EDT
Personally, I'm gonna have about 3 SBR uppers but I'm also gonna have two 20" rifles and 1 SPR as well. I dunno if I'm gonna have extra SBR uppers or not but I would like to later on get a short 9mm or .22 upper for one of my SBRs...I wouldnt wanna get in trouble though!
Link Posted: 4/20/2007 6:50:43 PM EDT
Heres the link to one of the places that got me wondering:
http://www.thehighroad.org/archive/index.php/t-108551.html

And a quote from the forum:
"ATF goes so far as to say that if you own an M16 and an AR-15, you can possess one <16" upper for the M16, but if you own two <16" upppers, you are in possession of an unregistered SBR.
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"
Link Posted: 4/20/2007 7:09:29 PM EDT
Doesn't fit with a letter I have from the ATFE on this very question, what they told me was simple: no "unassigned" lowers.

Complete SBR & complete AR: fine.

Complete SBR with extra SBR uppers, and complete AR or ARs: fine.

Complete SBR & extra SBR upper, complete AR & an extra assembled lower with no upper to go on it: "You're in a heap 'o trouble, boy."

Which makes sense.
Link Posted: 4/20/2007 7:15:20 PM EDT
I can see a charge of constructive possession if no SBR'd lower is around. But it doesn't have a leg to stand on if you do. Of course you intend to construct. On your stamped lower. They would have to prove otherwise. Of course that's my own theory.
Link Posted: 4/20/2007 7:20:32 PM EDT

Originally Posted By PatrickSweeney:
Doesn't fit with a letter I have from the ATFE on this very question, what they told me was simple: no "unassigned" lowers.

Complete SBR & complete AR: fine.

Complete SBR with extra SBR uppers, and complete AR or ARs: fine.

Complete SBR & extra SBR upper, complete AR & an extra assembled lower with no upper to go on it: "You're in a heap 'o trouble, boy."

Which makes sense.

Ok thats what I wanted to know. Thanks!

[/hijack]
Link Posted: 4/20/2007 7:25:01 PM EDT

Originally Posted By PatrickSweeney:
Doesn't fit with a letter I have from the ATFE on this very question, what they told me was simple: no "unassigned" lowers.

Complete SBR & complete AR: fine.

Complete SBR with extra SBR uppers, and complete AR or ARs: fine.

Complete SBR & extra SBR upper, complete AR & an extra assembled lower with no upper to go on it: "You're in a heap 'o trouble, boy."

Which makes sense.


+1.

As long as you don't have any lowers with no uppers, along with extra SBR uppers, you are okay.

The ATF would have to prove that you intended to make an SBR without paying the tax, which is very hard to do when you have an SBR that you paid the tax and did the paperwork on. You've proved you have intent to follow the law by having legit SBR. (if this all makes sense)
Link Posted: 4/20/2007 7:31:34 PM EDT
I spoke to an ATF agent here in mpls. here is what he told me---you can have multiple sbr uppers to fit one SBR lower, just don't have any other lowers laying around. I'm still waiting for an official letter outlining these rules. He also told me that if I wanted to cover my ass i should send a follow up letter to the ATF every time I bought an upper to use with my one registered lower---it might alleviate the problems of explaining 5 SBR uppers with 1 sbr lower and a safe full of class 1 ARs and a few extra lowers. once again I am waiting for an official letter to store in my safe
Link Posted: 4/20/2007 7:33:27 PM EDT
Thanks, sounds like a little common sense should go a long way!(I Hope??)
Link Posted: 4/20/2007 7:49:55 PM EDT
thats why i own a MGI QCB upper receiver and 3 different bbls in 2 calibers
www.mgimilitary.com
Link Posted: 4/20/2007 7:52:35 PM EDT

Originally Posted By biga_mn:
I spoke to an ATF agent here in mpls. here is what he told me---you can have multiple sbr uppers to fit one SBR lower, just don't have any other lowers laying around. I'm still waiting for an official letter outlining these rules. He also told me that if I wanted to cover my ass i should send a follow up letter to the ATF every time I bought an upper to use with my one registered lower---it might alleviate the problems of explaining 5 SBR uppers with 1 sbr lower and a safe full of class 1 ARs and a few extra lowers. once again I am waiting for an official letter to store in my safe


That sounds reasonable.
Link Posted: 4/20/2007 8:29:12 PM EDT
You have have a million SBR uppers to place on your one registered lower. If you have an unregistered lower in addition, just make sure you have another +16" upper & have it installed on your unregistered lower at all times until you pay an additional $200 tax for each subsequent SBR when you realize there cannot be only one
Link Posted: 4/20/2007 8:37:10 PM EDT
Not that one would want to be a test case but I am very doubtful a "constructive intent" charge would stick (in the case of a person owning a registered lower and multiple uppers unless it was attached to other more serious and clearcut charges.

Bomber

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