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Posted: 9/26/2008 6:29:33 AM EDT
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I am looking to get a 14.5 LMT upper receiver and barrel, I started looking into it and you don't need it even sent to an FFL dealer. This confuses me because I thought if you buy a barrel that is under 16" you have to have a NFA form, but doesn't think get around that from what it looks like? Is it legal to own one at home only, Help shed some light on this please. Thanks! A.Phelps |
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You can have one in your home as long as you have a SBR registered lower. If you have an unregistered AR lower in the home and have a upper with a barrel less than 16" you could be charged with intent. Just one of the possible scenario's. ETA: By unregistered I mean a lower that is not an SBR lower and does not have a tax stamp. |
so let me give you this for example, If I have two fully equipped AR's and just one 14.5 upper receiver in my house could I still get in trouble for this? I plan on getting the NFA license but hell if I can get the upper without getting in trouble and not buying the lower untill I get my NFA then why the hell not. Thanks for that response hopefully I can get this straightened out before I do something that's I'll regret  Extra note: Why do they send the upper to your house if this can be a problem? |
| You can buy short barrels, they are just parts. It is legal to own the short barrel if it is going on a registered SBR lower or an AR pistol lower. If you own a AR-15 rifle and purchase the short barrel then it is seen as constructive intend to make an illegal short barrel rifle (SBR). So if you want to use the 14.5" LMT upper on your AR-15 rifle lower you have to register it as a SBR the lower prior to purchasing the upper. That or you can weld a flash hider like the votex or phantom to the barrel to make it the legal 16". |
If you have A AR lower in your home that is not registered as an SBR you can get charged under constructive intent....because why would you have an SBR upper if you dont have a registered lower? Its presumed your intent is to have an illegal SBR. If you have a SBR lower, and a non-SBR lower you can only have one SBR upper per SBR lower. So if you have 5 AR's at home, and one of them is an SBR you can only have ONE SBR upper until/if you register another lower. If you have a relative/friend who does not have an AR lower in their home you can get the upper shipped to their house, and keep it there until you get your lower SBR'd. Do not have the two in the same location to be safe. You can own both a lower and SBR upper but just cannot have them together at any time. My first 14.5" upper I got was shipped to my mothers house. I went over there, picked it up, and on the way home got a Vortex attached. And IMO with a 14.5" its not cost effective to SBR it as a weld job is about 1/4 the price of the stamp and a hell of a lot less hassle. Save the SBR for the cool toys like a 10.5". |
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What he said. I for example have a lower pending with NFA. A month ago I had money for a SBR 10.5 upper, which I bought. I keep the lower in the safe and the upper in another county. Doesnt have to be that extreme but that is where my buddy lives. I go visit it from time to time..  ...without the lower obviuosly. He does not have an AR15 so he is in the clear.
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Gotcha, so pretty much wait untill I get my NFA form filled out and back THEN buy the upper and lower. I hate being impatient. I have a compulsion AR15 buy disorder like the firearm will go up $500.00 by the end of this week if i don't get it now. I don't have intent. I'm just doing it for a collection purpose, I already have an LMT CQB and S&W that I am already shooting. This gun I'm making is going to be a Gun Safe Protector. A.Phelps |
Yeah but you know you want to have it and it makes you have that freaking Itch. It's truly uncontrollable almost. One more question. I should have the form to start getting it filled out tomorrow. Is this form for "one" ar15 only or can you get like multiple crap for it like let's say a M203 or would that require another NFA form? |
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I'm afraid to keep it at my mom's no gun safe and it's high humdity here in kentucky. That's going to be another thing I'm going to have to figure out. All my stuff i.e Gun Safe, Guns and what have you are at my fiance's house in Indiana. My "residence" is Kentucky at my moms house so I don't have to pay both Indiana and Kentucky State tax (I'm not living with my girlfriend she just lives in a safer neighborhood) So i'm going to have to figure that one out because I'll want the gun in the safe and you can only have it in one state. Am I correct on that? A.Phelps |
You should go to the NFA forums under the "Armory" section and read the tacked threads. Lots of info there on exactly how to do this stuff, and people there who know the ins and outs well. |
You can have as many short uppers you want for any registered lower as long as you have 16"> uppers to go on corresponding lowers. Don't have any unassigned lowers around a SBR upper. Also, don't buy the SBR upper until you have an approved stamp in your paws or a pistol lower. It is not constructive intent (doesn't exist in law) it's constructive possession. |
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If it is legal for you to own an AR-15 pistol in your area, just buy a new veirgin stripped lower and build it as a pistol with the 14.5-inch barrel. You have a perfectly legal and legitimate use for the barrel. Otherwise, why do you want this? Can you provide a legitimate reason and could you do so to a court of law? If not, I wouldn't have it around. |
Believe a pistol lower would suffice, would it not? |
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