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Posted: 11/13/2005 8:00:50 PM EDT
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I've thought about purchasing a shorter barrel for my Colt SP1 carbine,something on the order of a 14.5" or even shorter. My question is this: as long as the barrel and flash hider/muzzle brake exceed 16" in overall length,it would be a legal combination,,correct? Would I be violating the law by having a short barrel in my possession,even if not mounted on any receiver? What I had in mind was shortening my SP1 barrel to 13" and then adding a Noveske KFH,which is over 3" long. Another option would be installing a 14.5" barrel with the Noveske. Sorry if this question has been asked before but I was unable to download the SBR FAQ. My #1 concern is to abide by the law,of course. Thanks, Clint |
I understand. Is it illegal to have barrel shortened or have in my possession a barrel shorter than 16",,as long as it isn't mounted to a receiver? |
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supposedly it is illegal to be in posession of a short barrel without also being in the posession of either a registered class III lower or a pistol lower. and with the barrel length it has to be a permanent 16" and the threaded section for the muzzle device does not count. but this is to the best of my knowledge and im not a legal adviser so please check the atf for yourself. |
Get the barrel modified to the permanent legal length before you receive it or ASAP. |
thanks 
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Thanks. The reason I asked is that I know that the M16 fire control parts are illegal to have in your possession,if you also own an AR-15,but was not sure about the short barrels. Bet the short barrel makers would know the answer. Guess that should been my first place to start asking questions instead of bugging you guys. I do appreciate everyone's input. |
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Everyone's right about the length issue, but it is not illegal to own a shorty barrel without a taxstamp. It is only a problem to attach it to a receiver without the taxstamp. Now to cite my sources...best I can; 1) Female agent at my local ATF. Was very helpful in answering questions about the paperwork necessary for my build. Told me it was no problem to purchase the parts, just not to use the short barrel until my approved taxstamp was in my hands. 2) Flyer I got from Bushmaster when I ordered the short barrel. Quoted parts of the federal law and advised that it was a no-no to put the thing on a receiver without the taxstamp. Had the parts, put them all together with the exception of the upper to the lower. As a personal precaution, the upper and lower were in two different cities. The upper was tagged and made temporaily unattachable to a lower (in case someone came knocking). Taxstamp came in the mail after 7-8 months...and two days later the sucker was sighted in and ready for fun. |
| If you have a short barrel around, and weapons that it will fit on but cannot legally have that barrel on them, you could have trouble. "Constructive possession" can be a wide net indeed. Build yourself a pistol lower if you want to be on the safe side, then there is a legal "home" for the short barrel while it is in your possession. That, or have the muzzle device perm attached when you have the C/C/T done. |
 The original question letter
Basically he was asking about having multiple short barreled barreled uppers and a non-title II AR15. Granted, these letters of opinion are not law and apply only to the addressed but it is how ATFE will view it (at the time of the letter and from the current chief). According to the letter, you can have a short barreled upper and a non-registered AR15 but only if you possess an registered AR15 (SBR/FA/Pistol) as long as you don't mount the upper to the non-registered lower but you would be in constructive violation if you didn't have the registered lower whether or not if you mounted it. |
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Ok,I'll give you a potential scenario that leaves a gray area,IMO. Let's say I remove my carbine barrel and have it shortened below 16". Until I permanently attach the flash hider assy to make it 16" or longer,technically I'm in violation of the law. One way around this issue is to have another gunsmith shorten the barrel and attach the fh/mb. Only after that is done can I bring him the upper receiver to have the barrel assy re-installed. |
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Can anybody name a single person who has gotten into trouble for having a SBR upper sitting all by itself in the safe while they were waiting on there SBR paperwork? More people have probably gotten into trouble for ripping the "Do Not Remove" tags off their mattress. |
I think that, if you kept your mouth shut, the ATF would have a hard time proving intent to contruct an illegal weapon in the brief time between cutting the tube and permanently fixing the muzzle device. Your position would be particularly strong if you owned any AR lower that had originally been assembled by you from a virgin stripped receiver, as there would be no way to prove it had not first been built as a pistol (other than your own words - STFU  ). The Thompson Center ruling protects you unless you are actually caught with a fully assembled unregistered SBR.I would suggest you have a smith build/convert the upper anyway, as the best way to attach the muzzle device is to pin-and-weld it. This avoids the whole question and the $$$ cost is modest. Just make sure that the total length, from the closed breech face to the end of the permanent muzzle device is >16". |
That's what I plan to do. Thanks for everyone's input. |
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I have never heard this question addressed before but I am curious - I am sure someone will be able to answer it easily enough. If you register a lower receiver as an SBR, can you put any lenght barrel under 16" on it or do you have to specify the length of the barrel you are going to put on at the time you submit your paperwork? Is there anything wrong with putting a barrel 16" or longer onto your SBR registered lower? Is there any way to unregister a lower receiver as an SBR (in case you move to a state that doesn't allow them)? Thanks in advance. |
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