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Posted: 6/16/2016 12:55:37 PM EDT
| Not trying to cover anything illegal but as I understand it, it is legal to purchase say an 11 1/2 barrel or complete SBR upper without a stamp, waiting on clearance, as long as it's not mounted on a lower. Is this correct? |
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Quoted:
I personally would not have a short barreled upper/barrel in the same abode as my rifles with out a SBR or pistol lower, even a striiped virgin lower is cheap insurance. You can pick up an anderson lower from AIM surplus for $40 I didn't think about a pistol. That makes sense. |
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I had zero qualms about it before having a SBR and pistol lower. Unless you're already on a department or agency's radar they're not coming into your house to find out and even if they did good luck proving constructive intent. But I also have SBR's and pistol lowers now so I have zero fucks to give. |
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Quoted: It is mandatory to CYA if the upper has been fired. You better have a legal lower for it. Quoted: Quoted: Just keep a pistol lower built up to avoid any potential problems. It's cheap insurance. It is mandatory to CYA if the upper has been fired. You better have a legal lower for it. Many complete uppers are factory test fired. Plus they would have to prove it was you who fired it. |
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The Court said that a set of parts was not a short barreled rifle, unless the only way to assemble the parts was into a short barreled rifle. As this set had a legitimate, legal, use for all the parts it was OK. However they also approved of lower court cases holding that the sale by one person, at the same place, of all the parts to assemble an AR-15, with a short barrel, was sale of a SBR, even if they weren't assembled together at the moment of the bust, and had in fact never been assembled. See U.S. v. Drasen, 845 F.2d 731 (7th Cir. 1988). This was because the only use for the parts in that case was a SBR. If the person in that case also had a registered M-16, then there would be a legitimate use for the SMG barrel, and there shouldn't be a problem. And the Court agreed, of course, that a fully assembled rifle with a barrel less than 16", or an overall length of less than 26" was also subject to registration. Although it was not addressed in the case, the rule is that an otherwise short barreled rifle that is very easily restored to firing condition (readily restorable); e.g., one missing a firing pin, but for that pin one may substitute a nail or other common object, is also subject to the law. |
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