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2/17/2007 7:47:37 AM EDT
So my Form 1 is inbound to the ATF and while I'm waiting I started thinking...

If I have a lower that is not registered as an SBR and an upper with a barrel(+ FH) whose OAL is less than 16" that would be viewed as constructive intent, correct? Well, what if I have one lower that is registered on a Form 1 that I have multiple SBR uppers for and another lower that IS NOT registered as an SBR? Could this also be construed as constructive intent.

I'd never mount an SBR upper to an unregistered lower, I just don't want to open myself to any unneccessary liability.

I'm sure that there are those out there who fit the above criteria, but I couldn't find where anyone had asked this question in the FAQ's or with the search.

TIA, guys.
2/17/2007 7:59:20 AM EDT
[#1]
This question gets asked from time to time, and this is the same answer I always give.

When you have an approved form 1 in hand, it will be damned difficult for the ATF to prove constructive intent. As you have proven that by doing the correct procedure to own an SBR, that your intent is to follow the law.

Alot of folks dont agree with me on this, and that is fine. But having multiple short uppers for use on your LEGALLY registered SBR is perfectly legal, reguardless with how many non SBR lowers you own.

Personally, I wouldnt worry about it.

YMMV
2/17/2007 8:14:44 AM EDT
[#2]
What if you have a pistol lower and multiple short uppers?

2/17/2007 8:17:31 AM EDT
[#3]
It seems that it would be difficult to prove any kind of illegal intention if I had followed the proper procedeures for attaining the registered SBR, but this is the ATF we're talking about.

To me it would seem like if you had one registered SBR lower, 2 rifle lowers, 3 10.5" uppers and no 16+" uppers you could be inviting some harrasment. Though, as long as I have a legal length upper to accomodate my other rifle lowers it would seem like any charges leveled against me wouldn't have a chance.
2/17/2007 7:59:20 PM EDT
[#4]
You only need to make sure that you have a legal (16"+) upper for each of the UNREGISTERED lowers.  

As long as you can assemble the non-SBR lowers into a legal configuration, you can have all the uppers for the SBR that you want.

B
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