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Posted: 7/7/2015 9:18:19 AM EDT
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Moved from another tread to this tread....Sorry for the repeat!
Okay guys I have a Bushmaster Lower that is stamped 5.56 but I am placing a .300AAC SBR on it. When I fill out my form do I place the Caliber as 5.56 or .300AAC? The local ATF said place .300AAC but thaere is not an option on the eform drop down menu, however 5.56 is. Also, I asked the ATF about just placing 5.56 and then just added a .300AAC upper and he said that would be another tax stamp. He informed me that if I see information saying that you can place any SBR upper on a registered lower that is incorrect!!! You CANNOT change the caliber uppers. He said when they pull up the serial number, all they see is the caliber and if it is different then it would be illegal. Guy was really nice and spent a good bit of time with me but I didn't know that .300AAC was not going to be in the drop down menu after I selected the model. Any advice would be great or I guess I will just give the local ATF a call again. Don't know....... |
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You put the caliber you're building, regardless of caliber on the lower. If that means you have to check the box and enter your own info, that's what you need to do. Pay zero attention to what's in the dropdowns.
If you're planning on building a 300 Blackout SBR, you simply put "300" as the caliber. No decimal point, no AAC, no Blackout. On top of that, your local ATF guy gave you some really bad info. |
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Quoted:
You put the caliber you're building, regardless of caliber on the lower. If that means you have to check the box and enter your own info, that's what you need to do. Pay zero attention to what's in the dropdowns. If you're planning on building a 300 Blackout SBR, you simply put "300" as the caliber. No decimal point, no AAC, no Blackout. On top of that, your local ATF guy gave you some really bad info. Okay great thanks! However, do you have any information stating that it is okay to place multiple different uppers on a lower. The reason I ask is because the local ATF seemed to be pretty knowledge and stated that was the biggest misconception about SBR lowers. He was pretty adamant about the fact the when you file out your form 1 you are stating that the caliber you listed is registered to the lower and will show up when they pull your file from the serial number on the lower. If you have a different caliber then the one file, it is considered a non registered item. I would like to see some kind of documentation if there exist saying otherwise before I start throwing other uppers onto my lower. Thanks for your help! |
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Quoted:
Okay great thanks! However, do you have any information stating that it is okay to place multiple different uppers on a lower. The reason I ask is because the local ATF seemed to be pretty knowledge and stated that was the biggest misconception about SBR lowers. He was pretty adamant about the fact the when you file out your form 1 you are stating that the caliber you listed is registered to the lower and will show up when they pull your file from the serial number on the lower. If you have a different caliber then the one file, it is considered a non registered item. I would like to see some kind of documentation if there exist saying otherwise before I start throwing other uppers onto my lower. Thanks for your help! I'll flip the coin. Ask him for the statute that says it's not legal. That's how our justice system works. 
What you can do is read the FAQ on the ATF's website. What you'll see is a series of questions, and most of them use "recommend" and "permanent change" when discussing different barrel lengths (I don't recall an actual question about different caliber). Without even getting into the definition of what "permanent" would be on the AR platform, you know without a doubt they'd use require instead of recommend if they were able to back it up. One example is changing the barrel for hunting in areas where SBRs aren't permitted. The only personal example I have is I filed 5320.20 (interstate transport) forms for several of my SBRs, and listed different calibers and/or barrel/overall lengths. I've never notified them of any changes. All forms have always been approved. That agent is correct in one sense. The Form 1 is filled out for a specific caliber and length...and you make a firearm (a one time act) to those specs. It is not a form to clarify how it's currently configured. |
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