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Posted: 1/5/2010 6:57:58 AM EDT
| If you have a Sendra registered receiver gun with a 16" barrel and also own a couple other AR's can you legally own short barreled uppers and other M-16 parts as long as you don't install them on the AR's? I have avoided buying a short barreled upper because I wasn't sure. Could I legally configure it as an AR pistol? |
MG trumps all statuses. You can run it with a 4" spike's .22 LR kit & a rear receiver plug and it's still just a MG. Now, you may not want to keep extra uppers around if you collect stripped lowers, but I don't see how it would be a problem so long as you show you have made a good faith effort to keep them seperate, i.e. a seperate safe, special case, etc. But if all your Title 1 ARs have legal uppers there's nothing that says you can't have SBR length uppers in .22, 6.8, 9mm, etc 
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the rule I've heard for determining if you're in compliance is this:
1) build all of the rifle configurations you can (rifle uppers, rifle lowers). 2) build all of the pistol configurations you can (pistol lowers, short uppers). 3) build all of the MGs you can (MG lowers, whatever uppers). if you're left with enough parts to build a verboten configuration, you're in trouble. Say, if you have two rifle lowers left and two pistol uppers. smart money is on having a pistol lower for each short upper you have, just to park it on. |
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the rule I've heard for determining if you're in compliance is this: 1) build all of the rifle configurations you can (rifle uppers, rifle lowers). 2) build all of the pistol configurations you can (pistol lowers, short uppers). 3) build all of the MGs you can (MG lowers, whatever uppers). if you're left with enough parts to build a verboten configuration, you're in trouble. Say, if you have two rifle lowers left and two pistol uppers. smart money is on having a pistol lower for each short upper you have, just to park it on. This is the most BS I hear over and over again. This ridiculous junk would prevent you from ever having any spares, or multiple uppers for your SBR/MG.. The real problem is that noone really has the real answer - not even the ATF. Call them and ask, if you get 3 examiners you will get 3 answers. If I own a SBR lower and 3 7" uppers, and one normal lower, i am okay...it makes no difference. All the short uppers belong to my sbr lower, simple as that. Just don't ATTACH them. Can't really have contructive possession if I LEGALLY own a SBR lower |
yarbsea, you and I will just have to agree to disagree on this one.
Long ago I discovered that logic has no role in ATF's decisions or in the enforcement of firearms laws. There are folks in prison for all sorts of NFA interpretations that I find ridiculous. But there they are. That's why I prefer to err on the side of caution. Obviously, Your Mileage Does Vary. 
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| Has anybody ever written a letter about this? I can't see where it would really hurt anything to ask about this. I know asking about some things can hurt, but I don't see where this can hurt. Does anybody else see a problem with writing a letter for clarification? |
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Has anybody ever written a letter about this? I can't see where it would really hurt anything to ask about this. I know asking about some things can hurt, but I don't see where this can hurt. Does anybody else see a problem with writing a letter for clarification? Here are 2 letters: http://www.titleii.com/BardwellOLD/atf_letter52.txt http://www.titleii.com/BardwellOLD/atf_letter55.txt |
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The real problem is that noone really has the real answer - not even the ATF. Call them and ask, if you get 3 examiners you will get 3 answers. This much I agree with for sure. Over the years here... people have posted all kinds of contradictory replies from the ATF on various issues. I assume that these ARF members aren't just making shit up.
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Has anybody ever written a letter about this? I can't see where it would really hurt anything to ask about this. I know asking about some things can hurt, but I don't see where this can hurt. Does anybody else see a problem with writing a letter for clarification? Here are 2 letters: http://www.titleii.com/BardwellOLD/atf_letter52.txt http://www.titleii.com/BardwellOLD/atf_letter55.txt I'm well aware of those two letters. I'm inquiring about a letter that addresses the extra short uppers question. MG FCG parts are a whole different ball game because the the parts alone can be considered a machinegun so just having the parts changes things. As far as I'm aware (too lazy to look it up) short barrels/uppers by themselves are not considered SBRs. |
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Has anybody ever written a letter about this? I can't see where it would really hurt anything to ask about this. I know asking about some things can hurt, but I don't see where this can hurt. Does anybody else see a problem with writing a letter for clarification? Here are 2 letters: http://www.titleii.com/BardwellOLD/atf_letter52.txt http://www.titleii.com/BardwellOLD/atf_letter55.txt I'm well aware of those two letters. I'm inquiring about a letter that addresses the extra short uppers question. MG FCG parts are a whole different ball game because the the parts alone can be considered a machinegun so just having the parts changes things. As far as I'm aware (too lazy to look it up) short barrels/uppers by themselves are not considered SBRs. Well excuse me for posting something you already knew about. The original poster of this thread asked about "short barreled uppers and other M-16 parts". I was trying to help him out, sorry to bother you. |
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