Constructive Ownership of an SBR

[longshot2000]

Hi all. If this has been covered, or is better put into another thread, let me know, and I will do that...

Constructive Ownership of an SBR can occur, when one is in possession of both a short barrel, and the other components to make the short barrel operational, like an upper and lower. From my (general) understanding, the more the parts can be assembled, the more likely one can be considered to be in constructive ownership, and subject to the NFA.

I don't want to debate the above. Everyone will have a slightly different opinion on how to interpret this, but in one form or another, we should be able to agree that constructive ownership (legally) can occur.

So, here is my real question: If one has several duly registered and taxed NFA SBR lowers, and also has a larger number of short barrels or even complete uppers, is there an issue ? I think not, but leave the question for more learned members.

[diving dave]

My take, no not an issue. Its legal to have other SBR uppers, as long as you are in possession of the original configuration thats on your Form 1/4...Only way might be to have other complete lowers sitting round with nothing on them, but even then you would have to do something to bring it to the attention of ATF....Has anyone ever been prosecuted for this?

[kerplode]

If a tree falls in the forest and no one is there to hear it does it make a sound? Ask me no questions and I'll tell you no lies.

In other words, don't invite law enforcement into your life and you'll live long and prosper...

[kerplode]

Seriously, though, so long as each upper has a legal configuration and you retain the original configuration for each registered lower, I don't see a problem.

But, the simple reality of the situation is that you can mind game this all day long, but if ATF or some other LEO wants to bend you over, they'll go right ahead and do that. Then shoot your dog for good measure.

[BigWaylon]

There's zero legal requirement to be able to return the firearm to the original F1/F4 specs. That's not the OP's question, but it's been mentioned twice already, so I figured I'd toss it out there.

[kerplode]

Sweet! Even less to worry about then. :-)

[ginzomatic]

My take, no not an issue. Its legal to have other SBR uppers, as long as you are in possession of the original configuration thats on your Form 1/4...Only way might be to have other complete lowers sitting round with nothing on them, but even then you would have to do something to bring it to the attention of ATF....Has anyone ever been prosecuted for this?

This. From everything I have read and seen, you can have other uppers on hand but must maintain the ability return to original.

[BigWaylon]

This. From everything I have read and seen, you can have other uppers on hand but must maintain the ability return to original.

Then you're not reading the correct "everythings".

There's a lot of misinformation out there by gun shops, lawyers, forum members, etc. The ATF says they recommend you notify them of any permanent change. They can't require you to do so because there's no statute/regulation to back it up. Not only that, but with the AR platform it's fairly difficult to make a change that's permanent. Uppers/barrels are plentiful in a variety of calibers and lengths.

[ginzomatic]

Then you're not reading the correct "everythings".

There's a lot of misinformation out there by gun shops, lawyers, forum members, etc. The ATF says they recommend you notify them of any permanent change. They can't require you to do so because there's no statue/regulation to back it up. Not only that, but with the AR platform it's fairly difficult to make a change that's permanent. Uppers/barrels are plentiful in a variety of calibers and lengths.

I'm not saying that you're wrong, and my understanding may indeed be the product of misinformation. But, my lawyer and class III both see it that way and have advised me as such, so for my own peace of mind that's what I've done. I will however ask what they're referencing...

[BigWaylon]

I will however ask what they're referencing...

I'll be interested to see what their answers are.

If you ask any of the examiners about the people that send letters to notify them of length/caliber changes, you'll find almost every one of them wishes they would stop. Sometimes you get a reply quickly, sometimes it's a year or two, and sometimes you never hear anything.

A Form 1 is to make a firearm. That's a one time act. That firearm has to be a single caliber with a specific barrel/overall length...which is one reason that multi isn't acceptable for caliber. Once that firearm is "made", how it's configured makes zero difference.

And I can agree it's better to be safe than sorry. Just don't perpetuate an internet/LGS myth because of an opinion instead of fact.