Posted: 3/3/2011 12:51:44 PM EDT
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have a question on short barreled rifles... can you have a short barreled upper with out doing the form 1 and tax stamp untill you have the lower or do you have to do the form 1 and tax stamp as soon as you have the upper??
Thanks |
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Quoted:
You left out, Make sure you have a BATF&E Fingerprint card, FBI fingerprint cards will be rejected Not trying to be ignorant here but the Form 1 from the ATF website says use FD-258 FBI fingerprint cards. Has something changed? If so, where can one find these fingerprint cards? Form 1 FBI Fingerrint Card |
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I ordered my fingerprint cards from the ATF.
In the right-hand column scroll down to the bottom, select the cards, add it to your order, and go from there...it'll take a couple weeks to get to you, but it's the safest way to fly... Edited to add - the ATF supplied cards have the ATF WV address stamped on them. That's probably why they reject other cards. |
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Another possibility is... (correct me if I'm wrong or missed a step or put something out of order) If you're talking about an AR-15 SBR, you can always buy the lower, a dedicated PISTOL Buffer / Lower Receiver Extension, and then build it as an AR-15 PISTOL. Then do all the ATF Paperwork, go through the whole process, and while waiting for the paperwork to clear you can be SHOOTING your short-barrel AR Pistol. When the paperwork clears, get the lower engraved, and you buy the buttstock & appropriate lower receiver extension and put it together... That way you're not sitting on gun parts for a while, you can USE the gun as a pistol until the paperwork is finalized, and then quickly put on your buttstock to finish it. |
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I was told that you can buy the upper when ever you want, as it is not a regulated item. But there are rumors of constructive intent. Which means that you could get into trouble by just having the upper stored in the same place with a lower so it could be easily constructed into a rifle. I would think that if you would be fine to buy the upper and store it at a family members house, who does not have any ar15 rifles, until you get your stamp back. That is what I initially did until got permission to put it on an issued M16 lower.
ETA: I only refer to the constructive intent thing as a rumor, because I personally have never seen any documentation about it. Only what I have read online, mainly here. And if you are looking for an engraver, http://orion-arms.com/ does great work, and their local. And here is a pic of mine just to help make you want one all the more 
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Constructive intent is real and plenty of people have been charged because of it. It usually is someone have all the m16 parts including the sear, owning a Dias, or etc.
Unless you find the most amazing deal on a upper and decide to keep it at a friends house don't mess around with having both. The pistol would be a fine option but you have to spend money on the buffer tube. |
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Quoted:
Constructive intent is real and plenty of people have been charged because of it. It usually is someone have all the m16 parts including the sear, owning a Dias, or etc. Unless you find the most amazing deal on a upper and decide to keep it at a friends house don't mess around with having both. The pistol would be a fine option but you have to spend money on the buffer tube. QFT! |
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I'm building a 7.5" pistol first. That way I can shoot it all I want, and IF I decide to make the final jump to SBR it, I won't just have a bunch of money tied up in AR parts FOR MONTHS that are virtually USELESS to me until the ATF gets off their butts & approves the paperwork! I'd MUCH rather pay the $75 for the pistol buffer tube / receiver extension, and be able to SHOOT the thing all the while I'm waiting for the SBR Paperwork to be approved. Once the paperwork clears, buy the buttstock, and put it on. Need to buy the pistol buffer tube / lower receiver extension BEFORE you buy the shorty barrel / upper, or it's possible they could get you with constructive intent / possession... Although as Dsspro mentioned, it's more common to see prosecutions for the full auto parts, it's still possible to get prosecuted for having the short barrel BEFORE You have the SBR paperwork completed, or BEFORE you have a lower with an installed Pistol Buffer / Receiver Extension. I cannot buy my barrel / upper until I get my receiver extension on. Element just sold out of them last week but Dustin has them already ordered. I'm waiting for the current batch of PWS Enhanced Pistol Buffer Tubes to arrive, and as soon as they do I'm getting one!  Also, this means, if I DO SBR my 7.5" build, I don't think I'll really stop there... I can keep my pistol buffer tube and re-use it to build ANOTHER Pistol lower, perhaps an 11.5" Pistol, and maybe later file the paperwork for that too... 
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Quoted:
Constructive intent is real and plenty of people have been charged because of it. It usually is someone have all the m16 parts including the sear, owning a Dias, or etc. Unless you find the most amazing deal on a upper and decide to keep it at a friends house don't mess around with having both. The pistol would be a fine option but you have to spend money on the buffer tube. Roger that.... QFT X2!! I went the pistol route with my first SBR. I had the pistol completely built on a pistol marked and "transferred as a pistol" lower (this was before stripped lowers transferred as "other" rather than rifles or pistols.) I then registered a lower receiver and had it engraved. When the stamps showed up, I installed the SB upper on my registered lower.... TA-DA!! Then sold off the pistol lower to a member here at the Mn HTF. |
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Quoted:
I'm building a 7.5" pistol first. That way I can shoot it all I want, and IF I decide to make the final jump to SBR it, I won't just have a bunch of money tied up in AR parts FOR MONTHS that are virtually USELESS to me until the ATF gets off their butts & approves the paperwork! I'd MUCH rather pay the $75 for the pistol buffer tube / receiver extension, and be able to SHOOT the thing all the while I'm waiting for the SBR Paperwork to be approved. Once the paperwork clears, buy the buttstock, and put it on. Need to buy the pistol buffer tube / lower receiver extension BEFORE you buy the shorty barrel / upper, or it's possible they could get you with constructive intent / possession... Although as Dsspro mentioned, it's more common to see prosecutions for the full auto parts, it's still possible to get prosecuted for having the short barrel BEFORE You have the SBR paperwork completed, or BEFORE you have a lower with an installed Pistol Buffer / Receiver Extension. I cannot buy my barrel / upper until I get my receiver extension on. Element just sold out of them last week but Dustin has them already ordered. I'm waiting for the current batch of PWS Enhanced Pistol Buffer Tubes to arrive, and as soon as they do I'm getting one!
Also, this means, if I DO SBR my 7.5" build, I don't think I'll really stop there... I can keep my pistol buffer tube and re-use it to build ANOTHER Pistol lower, perhaps an 11.5" Pistol, and maybe later file the paperwork for that too... My thoughts exactly... As for the PWS buffers I will quote Dustin in saying "They are pretty much the Cadillac of pistol buffers" They are super nice with ambi-QD holes. Dustin also sold me on the Magpul MS2 sling which I would also recommend. |
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Quoted:
Is there anything that states once the lower is engraved, it can only be used for for a SBR? Would it still be legal for me to use a 16"+ barreled upper on it? I can't think of a reason that it wouldn't be legal, but knowing the BATFE.... No, you would be fine with a longer upper, just can't buy 2 short uppers unless you have 2 SBR lowers. |
