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Posted: 4/17/2006 4:44:43 PM EST
My understanding is:

Before my form 1 is approved, I can buy and possess the short barrel for my AR-15 as long as I don't attach the barrel to an upper receiver.

But if I attach the barrel to an upper receiver, I would be setting myself up like a bowling pin, even if I don't attach the upper receiver assembly to a lower receiver.

Correct?
Link Posted: 4/18/2006 2:27:47 AM EST
Go to the "M-16 Full Auto" section of the AR-15 forum.

There is an SBR FAQ that will probably help you.

Also, look through some of the posts. I believe this was brought up a couple of times recently.

Link Posted: 4/18/2006 3:51:51 AM EST
How the BATF defines "constructive intent" should be something you should seriously look into.

Check the tacked thread referred to above and be careful what your posting to public forum frequented by the very folks that redefine the term mentioned above to fit their whims, on a daily basis.

Mike
Link Posted: 4/18/2006 4:57:48 AM EST
What Mike said......
Link Posted: 4/18/2006 7:01:17 AM EST
It is illegal to possess even a disassembled SBR, this is called "constructive possesion." You cannot have the short barrel AND an AR lower without an approved Form 1 of Form 4.
Link Posted: 4/18/2006 9:27:56 AM EST

Originally Posted By Barrelburner:
My understanding is:

Before my form 1 is approved, I can buy and possess the short barrel for my AR-15 as long as I don't attach the barrel to an upper receiver.

But if I attach the barrel to an upper receiver, I would be setting myself up like a bowling pin, even if I don't attach the upper receiver assembly to a lower receiver.

Correct?



Possession of parts other than full auto parts, when you also possess an AR15 type weapon is OK. Do not install them until the form 1 is approved. Remember-once the gun is registered
as a SBR, putting the standard barrel back on, does not change its classification, it is still a SBR no matter what length barrel is on it, all NFA rules apply.
Link Posted: 4/18/2006 9:55:23 AM EST

Originally Posted By mr_wilson:
How the BATF defines "constructive intent" should be something you should seriously look into.

Check the tacked thread referred to above and be careful what your posting to public forum frequented by the very folks that redefine the term mentioned above to fit their whims, on a daily basis.

Mike

I'm not worried about what I've posted; I don't have any short barrel; I haven't submitted a Form 1; I am just looking into it at this point.

Thanks
Link Posted: 4/18/2006 12:50:59 PM EST
I got this info from the pro's.
If you have an ar-15 (even just the lower) AND a barrel less than 16 inches, even if it isn't installed, you are in posession of a short barreled rifle. They don't have to prove intent to assemble as such.

You must have an approved form 1 or form 4 BEFORE you buy/make the short barrel.

You cannot have a short barrel and an ar-15 not registered as a SBR. This also applies to spare barrels for your SBR if you also own a nonSBR lower or multiple SBR uppers in different calibers and a nonSBR lower. You're registering the lower receiver, not the barrels. You can have all the different short barrels you want as long as you don't also own a nonSBR lower receiver.

Also, I'm assuming this is your first class 3 transfer. You must send a form 5330.20 citizenship certification with your form1/4s or they will not approve it. I was told that by the ATF.

So your packing list is as follows:

2 form 1's if you're making your SBR from a non-NFA receiver or 2 form 4's if you're buying a registered SBR receiver
2 FBI fingerprint cards
2 passport photos (1 for each form)
1 5330.20 citizenship certification
1 money order / cashier's check for $200
Link Posted: 4/18/2006 5:44:20 PM EST

Originally Posted By sehlah:
I got this info from the pro's.
If you have an ar-15 (even just the lower) AND a barrel less than 16 inches, even if it isn't installed, you are in posession of a short barreled rifle. They don't have to prove intent to assemble as such.

You must have an approved form 1 or form 4 BEFORE you buy/make the short barrel.

You cannot have a short barrel and an ar-15 not registered as a SBR. This also applies to spare barrels for your SBR if you also own a nonSBR lower or multiple SBR uppers in different calibers and a nonSBR lower. You're registering the lower receiver, not the barrels. You can have all the different short barrels you want as long as you don't also own a nonSBR lower receiver.

Also, I'm assuming this is your first class 3 transfer. You must send a form 5330.20 citizenship certification with your form1/4s or they will not approve it. I was told that by the ATF.

So your packing list is as follows:

2 form 1's if you're making your SBR from a non-NFA receiver or 2 form 4's if you're buying a registered SBR receiver
2 FBI fingerprint cards
2 passport photos (1 for each form)
1 5330.20 citizenship certification
1 money order / cashier's check for $200

Thanks, I had the form 1 sent to me by the forms distribution people, but they didn't send me the fingerprint cards or the certification. I thought they would, because the website said they would send a "packet". So I went back and ordered those 2 extra needed forms.
Link Posted: 4/18/2006 6:42:46 PM EST
Didn't see it posted elsewhere in this thread, so here are a few other tips.

If you can specify an actual barrel length, not a range it'll help. IE... 10" versus 7-15" I doubt your application would get rejected, but they seem to take longer from what I've seen. My CLEO actually laughed when he saw where I'd put 5" on mine for barrel length. I had to explain that I'm also adding a suppressor before it made any sense to him.

For box 4i it's best to put "All legal purposes"

Don't be afraid to type up an additional page for info that won't fit on the application. It looks a lot better than cramming a whole lot of stuff in a tiny little box.

If you go to http://titleii.com/Forms.htm you can just type in the info & print. They have everything but the fingerprint cards. The 5330.20 cert is listed as "Certificate of Compliance," not to be confused with 5320.20, application to transport interstate.

You can also save these forms to your HD. That way you'll always have the forms, ready to fill out & print. It looks a lot more professional & you don't have to worry about ATF kicking the forms back because they weren't legible enough. Just be sure & print pages 1 & 2 of the form on the same sheet of paper. They've started kicking back applications where the front & back are on different sheets.
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