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Posted: 9/4/2001 7:39:30 AM EDT
What do you have  to do to legally own an SBR upper???


I know you gotta pay your $200 fee and do the background check.

But can you get a 9" upper manufactured to go on a preban lower???

Or is there such a thing as a SBR lower????

Hep me, hep me!!!!!!!!!

Thanx.

Link Posted: 9/4/2001 7:45:57 AM EDT
[#1]
Just like a machinegun, it is the lower that is registered as the SBR.  You can own any upper you want if you don't have any AR lowers.  You can register any lower you want as an SBR as long as you pay the transfer tax, as the 1986 machinegun ban didn't have any effect on our ability to make new SBR's.

However, I have hear rumor (unconfirmed) that the BATF has ruled that since when you register a lower as a new SBR, you are effectively 'manufacturing' a new firearm, and therefore it doesn't matter if your receiver is pre-ban or not, the effective date of manufacture is the date they approve your tax stamp.  Therefore, since the SBR is a semi-auto assault rifle, it is now officially 'post-ban' and subject to all the 1994 slime bill silliness.  As I said, that is unconfirmed- check with your friendly local BATF office to make sure.  HTH.
Link Posted: 9/4/2001 7:51:18 AM EDT
[#2]
You can't do it in South Carolina.  In other states, it's a $5 tax, because it's an AOW (any other weapon).  In South Carolina, except for a few exceptions for LEO's (and related) and manufacturers, 16" is the minimum barrel length on any weapon with a rifled bore made to be fired from the shoulder.  The minimum is 18" for shotguns.  Sound familiar?  It's the same limits as defined in the NFA.

But, don't take my word for it.  Get it from "the horse's mouth" at:

[url]http://www.lpitr.state.sc.us/code/t23c031.htm[/url]
Link Posted: 9/4/2001 8:04:01 AM EDT
[#3]
Dang it - I forgot about that.

Link Posted: 9/4/2001 8:14:45 AM EDT
[#4]
A short barreled rifle is definatly not an Any Other Weapon.
Link Posted: 9/4/2001 9:05:09 AM EDT
[#5]
a form 01 must be filled out (in duplicate), filed with cleo signature, m.o. for 2 bones and copies of the f.b.i. finger print cards submitted with the 01 construction application.

any receiver will work...it does not have to be a pre-ban UNLESS use also want a flash suppressor, bayo mount or tele/foldinf buttstock.

as david said, an sbr and aow are two different animals.
Link Posted: 9/4/2001 5:35:42 PM EDT
[#6]
If it has a shoulder stock, it's not an AOW and the tax stamp is $200.
Link Posted: 9/5/2001 8:25:29 AM EDT
[#7]
Even if it IS an AOW its still a $200. tax if you are making it on a Form 1 yourself.

If you start with a preban reciever it STAYS a preban after the SBR "coinverson".


BISHOP
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