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Posted: 4/19/2016 6:57:04 PM EDT
If I SBR a lower, I can still use it with barrels over 16" now and then, right?
Link Posted: 4/19/2016 7:01:14 PM EDT
Yes absolutely
Link Posted: 4/19/2016 7:34:39 PM EDT
FPNI/Thread
Link Posted: 4/19/2016 7:47:29 PM EDT
[Last Edit: 4/19/2016 7:48:21 PM EDT by BigWaylon]
Link Posted: 4/20/2016 10:13:50 PM EDT
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Originally Posted By BigWaylon:

And at that point it's no longer an NFA item. You can sell it without a Form 4, travel interstate without a 5320.20, and hunt where SBRs aren't allowed.
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Originally Posted By BigWaylon:
Originally Posted By bradpierson26:
Originally Posted By bookertbab:
If I SBR a lower, I can still use it with barrels over 16" now and then, right?

Yes absolutely

And at that point it's no longer an NFA item. You can sell it without a Form 4, travel interstate without a 5320.20, and hunt where SBRs aren't allowed.


Are you sure? I was under the impression the lower was what matterwd, and even if you out a long barrel on it it was still a NFA item and subject to all the rules pertaining thereunto
Link Posted: 4/20/2016 10:16:28 PM EDT
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Originally Posted By iamthesgt:


Are you sure? I was under the impression the lower was what matterwd, and even if you out a long barrel on it it was still a NFA item and subject to all the rules pertaining thereunto
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Originally Posted By iamthesgt:
Originally Posted By BigWaylon:
Originally Posted By bradpierson26:
Originally Posted By bookertbab:
If I SBR a lower, I can still use it with barrels over 16" now and then, right?

Yes absolutely

And at that point it's no longer an NFA item. You can sell it without a Form 4, travel interstate without a 5320.20, and hunt where SBRs aren't allowed.


Are you sure? I was under the impression the lower was what matterwd, and even if you out a long barrel on it it was still a NFA item and subject to all the rules pertaining thereunto


Nope. If it's not in NFA configuration (and the short upper isn't readily available) then it's not an NFA item.

The receiver is still registered, but you have the option to send the ATF a letter asking them to make a note that it's no longer in NFA configuration.
Link Posted: 4/20/2016 10:26:50 PM EDT
Link Posted: 4/21/2016 8:30:12 AM EDT
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Originally Posted By BigWaylon:

100%.

This exact question was hashed out not long ago...instead of repeating it, just go read it: SBR lower with 16" barrel.
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Originally Posted By BigWaylon:
Originally Posted By iamthesgt:
Are you sure? I was under the impression the lower was what matterwd, and even if you out a long barrel on it it was still a NFA item and subject to all the rules pertaining thereunto

100%.

This exact question was hashed out not long ago...instead of repeating it, just go read it: SBR lower with 16" barrel.


Thanks. Can you transport it in non NFA configuration, then reassemble it with a different short barrel? I suspect not, but just curious
Link Posted: 4/21/2016 8:57:29 AM EDT
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Originally Posted By iamthesgt:


Thanks. Can you transport it in non NFA configuration, then reassemble it with a different short barrel? I suspect not, but just curious
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Originally Posted By iamthesgt:
Originally Posted By BigWaylon:
Originally Posted By iamthesgt:
Are you sure? I was under the impression the lower was what matterwd, and even if you out a long barrel on it it was still a NFA item and subject to all the rules pertaining thereunto

100%.

This exact question was hashed out not long ago...instead of repeating it, just go read it: SBR lower with 16" barrel.


Thanks. Can you transport it in non NFA configuration, then reassemble it with a different short barrel? I suspect not, but just curious


Here is something I have wondered...hypothetical scenario, of course!

Person transports legal, SBR-registered lower interstate between two NFA friendly states. Transports as non-SBR (with 16"+ upper). Does not file ATF 5320.20, as there is not a need to do so. At destination, there is a short AR upper, and only a short AR upper. No other AR parts whatsoever. SBR is constructed at that point. Have any laws been broken? If so, which ones?

What if SBR was not constructed? Would constructive possession apply?

What if lower was transported without upper at all, so ONLY AR parts at destination were SBR lower and short upper?

What if upper at destination were at destination because it was shipped by and to owner of registered SBR lower?
Link Posted: 4/21/2016 9:00:52 AM EDT
Link Posted: 4/21/2016 9:07:51 AM EDT
Link Posted: 4/21/2016 9:32:15 AM EDT
[Last Edit: 4/21/2016 9:35:55 AM EDT by joekizanyu]
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Originally Posted By BigWaylon:

I think all of those situations are covered in the answer I gave just above this post. You cannot travel to a destination outside of the registered state, and be in possession of an SBR, without the approved 5320.20...doesn't matter if the upper came with you or was already there. Having a short upper and a lower sitting next to each other, with no other use for each one, still results in having an SBR in the eyes of the ATF. (Yes, in a way, that goes against the previous "only an SBR when configured as an SBR" theory). The difference would be in not having any other use for those parts. The short upper on a pistol-configured lower and a long upper on the registered lower shouldn't raise any eyebrows.
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Originally Posted By BigWaylon:
Originally Posted By joekizanyu:
Here is something I have wondered...hypothetical scenario, of course!

Person transports legal, SBR-registered lower interstate between two NFA friendly states. Transports as non-SBR (with 16"+ upper). Does not file ATF 5320.20, as there is not a need to do so. At destination, there is a short AR upper, and only a short AR upper. No other AR parts whatsoever. SBR is constructed at that point. Have any laws been broken? If so, which ones?

What if SBR was not constructed? Would constructive possession apply?

What if lower was transported without upper at all, so ONLY AR parts at destination were SBR lower and short upper?

What if upper at destination were at destination because it was shipped by and to owner of registered SBR lower?

I think all of those situations are covered in the answer I gave just above this post. You cannot travel to a destination outside of the registered state, and be in possession of an SBR, without the approved 5320.20...doesn't matter if the upper came with you or was already there. Having a short upper and a lower sitting next to each other, with no other use for each one, still results in having an SBR in the eyes of the ATF. (Yes, in a way, that goes against the previous "only an SBR when configured as an SBR" theory). The difference would be in not having any other use for those parts. The short upper on a pistol-configured lower and a long upper on the registered lower shouldn't raise any eyebrows.


The crux of the question is: ATF Form 5320.20 (and 27 CFR 478.28) specifically only mention transport of SBRs. Mentions nothing of mere possession. In many of the scenarios in my hypothetical question, there is SBR possession and construction, but no interstate transport configured as an SBR.

ETA: I think this oversight exists because, at the time NFA laws were drafted, modular firearms like the AR platform did not exist. So the scenarios postulated would not have been possible back then. Just like the requirement to notify ATF of "permanent" changes to SBRs.
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