if i have a pre-ban lower,and register it as an s.b.r. say 11.5"(or any other shorter length)barrel can i order any barrel length i want after that under the 16" limit or do i have to register each upper?

second part of the question is on the same pre-ban lower can i order post-ban uppers and convert them with flash hiders and such and still be legal? i think this is what i'm trying to ask.if this makes any sense.

You can't register uppers.  The lower has the serial and is the firearm (SBR).  You can put any number of uppers on it.



You can convert uppers back and forth between pre-ban and post-ban configuration to your heart's content.  They are not firearms.  Since you have a pre-ban gun (lower), you can put either pre- or post-ban uppers on it, regardless of origin.

sweet....thamks fizassist that was the answer i was hoping for and kind of what i thought i wanted to verify this as i just bought a pre-ban lower that hopefully in the next year or two i will be able to afford an d.i.a.s. for or some other means for an n.f.a. item i just want the abilty now to get it ready......i love this site already.


thanks
mike

If you buy a RDIAS, it doesn't matter if the lower is a pre ban or post ban.  When the RDIAS s is in the rifle, the rifle becomes a Host for the NFA item, and all the laws that pertain to the Semi auto rifles, do not to a MG (or host rifle). The Assault weapons ban is only for semi-auto weapons.

The SBR stamp runs $200, and the DIAS tax stamp would be another $200, so the only benefit to SBR'ing the pre ban, would to be able to keep the shorter than 16" barrel on the rifle with the DIAS out (but you will still need to remove the M-16 FCG once the Dias is pulled).

The only catch is, and someone please correct me if I am wrong, once the lower receiver is registered an an SBR, It is always an SBR (title II) and you must notify BATF if selling it to another individual who is qualified to own one (no felonies, etc). Also you can always put a longer barrel than what you stated on your form 4, but you can't put anything shorter, so go short (7.5" etc) when sending your paperwork so you have the options. Preban status has nothing to do with it; if is a postban, it can be an SBR, but all rules apply as for preban/postban rifles with 16" or longer. If it is a preban, you can have all the preban features. Also you have to notify your CLEO and he must sign the form (he can refuse, then you have to find another LE authority to sign, although I have never heard of this happening). It can take up to 180 days to get your form back, if it is not approved, the BATF will return your $200 tax.

_DR,

Just to be clear you cant add a flash hider to a post ban SBR.  I am not sure if that was your point but it is in fact the truth.  For example you cant put a silencer or flash hider on a post ban MP5 clone that is registered as an SBR.  Also it cant habe a collapsable stock.

Also you dont need to pull the M16 FCG from the rifle once the DIAS is removed.  You must simply not allow the rifle to function as a full auto which means just swap in an AR15 selector.  The full auto parts cant work without the auto sear.

No, It can be removed from the books.



On the form 1, just list the barrel lenght as shorter than 16", and list the lower Cal in 223,9mm,40,45 and any other cal that you want to run the rifle in.  




Yes



There is another option is the local LEO will not sign.  That is to form a LLC, then you will not have to have a LEO sign off.  This way anyone who is listed as a officer of the company can use the rifle/take it shooting, and not just the single person listed on the form 1.

CLEO sign off shouldn't be a problem since my old roomate is a deputy sherriff for the county i will register in.