GUN SBR question

Discussion in 'On Topic' started by phoenixTX, Mar 7, 2009.

  1. phoenixTX

    phoenixTX New Member

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    If I register an AR lower as an SBR am I limited to only one short barreled upper? Can I have two (or more) uppers that would be used on that lower? Does it matter if they are the same lengths? Different lengths?

    If I can have more than one to go with a single lower, then does everything change if I own more than one lower?

    I currently have two lowers and 3 uppers (a 14.5 with pinned muzzle brake (total length >16"), 16" M4, 20" govt profile). The 14.5 is going to be a dedicated .22lr as soon as my CMMG conversion kit gets here, and I'm looking to add a 6.8SPC upper to the collection soon. If I register one of those lowers as an SBR, can two of these uppers have <16" barrels or will I run into problems with 'constructive possession' because the SBR upper could be assembled onto the other lower.

    Any advice would be welcome.
     
  2. kellyclan

    kellyclan She only loves you when she's drunk.

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    You will likely only be allowed to list one barrel length on your Form 1 when you submit it. They're supposedly not approving have multiple lengths listed on the initial application these days.

    To add other barrel lengths, you would write the ATF to notify of any change/addition after you got your stamp back for the initial build.

    An SBR is an SBR, so once it is registered, you can legally put any barrel you want on there, including keeping multiple uppers for one SBR lower. Any length other than the one you have on file would be considered a temporary change as long as you still had the original upper.

    BUT there is some concern about contstructive intent if you have one registered SBR lower, multiple SBR uppers, and other unregistered lowers in the same location. (A stripped lower in the closet, etc) This is perfectly justifiable concern if you have not notified the ATF of having multiple barrels for your registered lower. Common advice is to make sure you have a non-SBR upper for each lower you possess. This would certainly help disprove intent but the legal path is to ensure that you have every SBR length upper listed with the ATF, i.e; you filled out your Form 1 with 10.5" as the length, but you just bought 12" and a 7.5" uppers, so you would write the ATF to notify them you are adding 12" and 7.5" barrels to your registered lower. Then they would be aware and expect you to have three uppers of SBR length for the one SBR lower, so if something ever did come up, you would simply reference their own records as your defense.

    Make sense?
     
  3. hsmith

    hsmith OT Supporter

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    only have as many SBR uppers as you have SBR lowers.
     
  4. vwpilot

    vwpilot New Member

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    I think this is kind of a gray area. I have been told that you can have any number of SBR uppers as long as you have the lower to go with them. As long as your non-sbr lowers are complete rifles you should be ok.

    You always have to have the upper that is actually registered with the BATFE, but can have others as well without them being on record. If you get rid of the registered upper, you need to send them a letter saying that the SBR will now be official with whatever upper you plan to put on it.

    So, in other words, I have an SBR registered wth a 7.5" barrel in 9mm. I can own a .223 upper for it as well, as long as I keep the 9mm one around. If I ever get rid of the 9mm, I need to notify the BATFE and let them know what upper will reside on it "permanently."

    That is how my class III explained it. Maybe someone else has more specific info.
     
  5. vwpilot

    vwpilot New Member

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    You beat me to the punch. Posted while I was typing. Bitch.:fawk:
     
  6. phoenixTX

    phoenixTX New Member

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    Thanks for the info guys. That is actually what I was hoping for.

    It's my first time playing with NFA stuff. Good news is that I received an email from the local Sheriff and he stated that he didn't have any problem signing BATF forms. I'm out in the country so the Sheriff would be the first one on the list. This may not be so hard after all.

    Question for David_4x4 ... The Sheriff is Benny Parkey in Denton County. Just out of curiousity, is your NFA stuff signed by the sheriff or is it on a trust? I was kind of wondering if you had dealt with him and if he would sign the forms ... then he replied to my email and said he would.
     
  7. kellyclan

    kellyclan She only loves you when she's drunk.

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    A trust is worth it even if your CLEO will sign. No fingerprints, etc for every new toy.
     
  8. Keesh

    Keesh New Member

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    I agree.
     
  9. LancerV

    LancerV Something Happened OT Supporter

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    Benny Parkey is cool as hell
     
  10. Rip The Jacker

    Rip The Jacker New Member

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    One SBR upper per SBR lower is the rule I would follow, I'll always have stipped lowers laying around.
     

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