Armory Sponsor
Posted: 5/13/2014 4:36:53 PM EDT
|
Hello all,
I've been talking to a few fellows about certain restrictions and I thought I would ask here. Once my stamp comes back for my 10.5" 5.56 SBR, would anyone (Law enforcement, gun range, etc.) care if I swapped out an additional upper with a shorter barrel as long as I keep the registered length upper near by? Some say yes, some say it's not a big deal. What do you guys know about this? Please and Thank you |
|
[NOT LEGAL ADVICE] Do you own another non NFA AR-15? If so some would tell you "constructive possession" could be an issue. To the actual root of the matter, you can put whatever sized upper you want on the NFA lower without restriction. Just don't put yourself in a situation where you could be accused of having the spare upper to put on a non NFA lower.[/NOT LEGAL ADVICE] |
|
https://www.ar15.com/forums/f_6/51_Short_Barrel_Rifles__SBR_.html
Post in the Armory SBR section Stickys have all the answers |
|
Quoted: here's a question for ya'll: My mk18 is registered as a 10.5". Say I decide to go with something else and change the barrel and sell the old one. What do I need to do? |
|
Quoted:
I believe your ATF form/tax stamp you should list the shortest barrel length you will be using on that registered lower. Nope, you list the barrel and overall length that the SBR is at time of manufacture on the Form 1. Once it's been made in that configuration you can put any length upper you want, with no requirement to notify anybody of anything. |
|
Quoted:
I believe your ATF form/tax stamp you should list the shortest barrel length you will be using on that registered lower. Quoted:
I believe your ATF form/tax stamp you should list the shortest barrel length you will be using on that registered lower. Internet myth that's repeated way too often. Not true at all. Quoted:
Nope, you list the barrel and overall length that the SBR is at time of manufacture making on the Form 1. Once it's been made in that configuration you can put any length upper you want, with no requirement to notify anybody of anything. FIFY. It's a word difference, but you're not manufacturing anything. A Form 1 is an Application to Make a Firearm. Manufacturing is a completely different set if forms/laws/taxes. Once that word is changed...this answer is completely correct. The initial build needs to match in barrel length, caliber and OAL. After that, it's whatever you want. |
| You can have any length barrel your want on it and as many different uppers for it as you want. The constructive possession thing pops up a lot but if you research it you will find that it applies to possession of parts to create a full-auto without also possessing a legal receiver in which to use those parts or to a short barreled shotgun barrel. In the case of AR 15 uppers, a 7.5 inch upper is completely legal to possess so long as it is not installed on a rifle receiver that is not a SBR receiver because it could be legally assembled into a pistol without doing a form 1/form 4 and legal possessed according to Federal law, obviously different state and local governments have different regulations concerning what you may or may not possess and whether an AR pistol is legal or not. Enjoy your rifle. |
|
Quoted:
Nope, you list the barrel and overall length that the SBR is at time of manufacture on the Form 1. Once it's been made in that configuration you can put any length upper you want, with no requirement to notify anybody of anything. Quoted:
Quoted:
I believe your ATF form/tax stamp you should list the shortest barrel length you will be using on that registered lower. Nope, you list the barrel and overall length that the SBR is at time of manufacture on the Form 1. Once it's been made in that configuration you can put any length upper you want, with no requirement to notify anybody of anything. What, you've never heard of the charge of "Unlawful Possession of an Unregistered Shorter Barrel Rifle?" |
|
Quoted:
Do you have a point? Quoted:
Quoted:
What, you've never heard of the charge of "Unlawful Possession of an Unregistered Shorter Barrel Rifle?" I think he does. He's echoing the absurdity of the "you can't go shorter than registered length" rumor that was posted. 
|
|
Quoted:
I think he does. He's echoing the absurdity of the "you can't go shorter than registered length" rumor that was posted. Quoted:
Quoted:
Quoted:
What, you've never heard of the charge of "Unlawful Possession of an Unregistered Shorter Barrel Rifle?" I think he does. He's echoing the absurdity of the "you can't go shorter than registered length" rumor that was posted. ^This. I see sarcasm's not your thing.... sorry. |
|
My question to the ATF:
"I just submitted an eForm 1 listing a barrel length of 11.5". I was going to add that I may use alternate barrel lengths of 10.3" and/or 10.5", but did not see a location to do this. My understanding is that I can put any length barrel on the lower, if approved on the Form 1. Is this correct? Is there a requirement to keep an upper with the original configuration barrel length (in my case 11.5”)? Is there any prohibition in going shorter than the barrel length listed on the Form 1 (11.5”). I see that it is requested to notify the ATF if a permanent configuration change is made." My reply from the ATF: "Mr Debaser – once the form is finalized, you can submit updates to the description by directing a letter to the Chief, NFA Branch at the address on the form. You can use uppers in different lengths. You do not have to keep the upper with the original barrel length." They said "can" not "must" or "shall". I do not believe it is a requirement. Definitely not a big deal if you are just switching out uppers and have the original. |
|
I have 2 lowers, one will be the registered NFA lower. Once my stamp comes in and I go to the range which would be the safer scenario?
Bring NFA lower only with 10.5 upper and 16" 7.62 upper? Bring both rifles out complete? The whole constructive intent thing is a little confusing or am I over thinking it? |
|
Quoted:
I have 2 lowers, one will be the registered NFA lower. Once my stamp comes in and I go to the range which would be the safer scenario? Bring NFA lower only with 10.5 upper and 16" 7.62 upper? Bring both rifles out complete? The whole constructive intent thing is a little confusing or am I over thinking it? You're over thinking it just a little. But don't worry, it's confusing at first. Maybe waylon will be by to help clarify for you. If you have a 16" upper, this doesn't fall within nfa rules. You can bring that with you anywhere you want to go. If you have another complete short upper and an available lower with a stock, that's not a registered sbr, and no sbr'ed lower already, you may be in a constructive possession. That's also assuming that someone is standing over you in your home checking it. Most give the advice of making a lower into a pistol to stay on the safe side of .gov before a stamp gets back. |
Armory Sponsor