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7/8/2020 3:01:36 PM
Posted: 4/18/2016 9:17:25 PM EDT
I'm sure this has been addressed before but I can't find it anywhere.  I already own (and have the stamp for) a complete short barrel rifle in 300 BLK.  I'm thinking about buying a short barrel upper in 5.56.  Do I need another stamp?  I would only use it with the lower from the registered rifle, the 5.56 upper would never touch any of the lowers on my other "non-stamped" rifles.
Link Posted: 4/18/2016 9:31:23 PM EDT
[Last Edit: 4/18/2016 9:33:02 PM EDT by slater2111]
nope, youre good to go
Link Posted: 4/18/2016 11:15:56 PM EDT
You are encouraged to mail the atf a letter stating that the rifle will be configured with a 300 blackout barrel or a 223 barrel.

If you get pulled with the rifle and the barrel doesn't match the stamp I'm sure they would raise hell. I sent a letter a few months ago, but never got a reply. It did make me feel better.

The reason they ask caliber is to aid in identification. If you switch calibers they could argue you switched intentionally to be dishonest.

You are not required to tell then shit, but I figured it would be best to cover my ass... They already have my life story anyways so what's a $0.42 stamp?
Link Posted: 4/18/2016 11:39:34 PM EDT
You are only required to be able to return it to "original configuration."
Link Posted: 4/18/2016 11:56:01 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By slater2111:
You are only required to be able to return it to "original configuration."
View Quote


No, you are not.
Link Posted: 4/19/2016 11:29:44 AM EDT
[Last Edit: 4/19/2016 11:31:02 AM EDT by Spearjunkie]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By slater2111:
You are only required to be able to return it to "original configuration."
View Quote


Nope!  Once you receive the stamp you can use/ build as many configurations your wallet can withstand and do not have to be able to put it back in its original configuration or have to notify ATF of any changes.
Link Posted: 4/19/2016 12:10:33 PM EDT
Oh dear god.. Really guys..
The receiver, serial numbered lower.. is the only registered part. The Tax stamp registration paper work reflects the configuration at the time of the regestration. Period. The lower can have any manner or caliber of upper you want.

Extra uppers.. Yes and No. Yes it is absolutely legal to have other uppers for your pistol or SBR registered lower. However while it is perfectly legal. You should be aware of constructive possession possibilities. I would not leave rifle or un registered as SBR lowers in close proximity to short uppers unless they are assembled with 16"> uppers.  A complete rifle configured lower sitting next to a complete short upper would technically place you in constructive possession. Weither you get screwed with over it or not is anyone's guess. Would depend on officer D Bag at the time. I do not have the link but there is a recent case where they charged someone exactly that way. I do not remember the particulars. The point is keep your shit straight and most likely you will not run into any problems. Poke the Bear and ???

Link Posted: 4/19/2016 10:48:17 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Number1gun:
Oh dear god.. Really guys..
The receiver, serial numbered lower.. is the only registered part. The Tax stamp registration paper work reflects the configuration at the time of the regestration. Period. The lower can have any manner or caliber of upper you want.

Extra uppers.. Yes and No. Yes it is absolutely legal to have other uppers for your pistol or SBR registered lower. However while it is perfectly legal. You should be aware of constructive possession possibilities. I would not leave rifle or un registered as SBR lowers in close proximity to short uppers unless they are assembled with 16"> uppers.  A complete rifle configured lower sitting next to a complete short upper would technically place you in constructive possession. Weither you get screwed with over it or not is anyone's guess. Would depend on officer D Bag at the time. I do not have the link but there is a recent case where they charged someone exactly that way. I do not remember the particulars. The point is keep your shit straight and most likely you will not run into any problems. Poke the Bear and ???

View Quote


The reason I stated what I did above is because of exactly what you are saying. If you build a 300 blackout and have an SBR 223 upper laying around they could argue constructive intent because there is absolutely no documentation that the upper is intended for the lower.

If you send them a document stating that you intend to have a 300 and 223 upper on the host bottom you are covering your ass.
Link Posted: 4/19/2016 11:44:59 PM EDT
That doesn't cover anything.



As long as there is at least one legal configuration for everything you have, all will be fine. You may have as many short uppers as you can afford.
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