Constructive Ownership of an SBR

[Renegade]

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.

No we can't agree. Your theory is incorrect. I would cite Case Law, but you do not want to debate it.

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.

There is no such thing as SBR Lowers. There are SBR Firearms. And yes, in your scenario there could be an issue.

[Gatorgrizz27]

This is one area where the ATF appears to lean heavily towards giving us the benefit of the doubt. I read the language of their statement, and it claims constructive intent is where "there is no possible legal purpose" for the combination of parts, rather than if the parts "can be assembled into an illegal firearm."

I have a 14.5" pinned/welded rifle next to an 8.5" pistol in my safe right now, I haven't filed a form 1 yet. Assembling an illegal SBR would be as easy as pushing a couple of pins, but I'm not in violation. I think a guy would only be in violation if they had rifle lowers with short uppers, and no SBR or pistol lowers.

If you're losing sleep over it, pick up a pistol buffer tube for $20, they are handy to have for traveling anyway.

[Eurodriver]

Constructive Ownership of an SBR can occur.

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.

Has it ever occurred? Even once?

Especially with the proliferation of AR15s, and <16” uppers is there a single charge that you can find in the history of the NFA where someone got slammed for having an SBR barrel and no registered receiver without the two being assembled?

“Oh but I don’t want to be the test case” say most people - Do they live with the Branch Davidians?

If I have a Rem 700 am I allowed to own a 15” tube of 4140 steel? All it needs is threading and a bore. What if I own a Russian made trigger for my post-ban AK, but a US made trigger is in it? Is that constructive possession of a 922(r) banned weapon? Where does it end?

Everyone wanna talk about “shall not be infringed” and “come and take it” and “molon labe” but then turn around and can’t even grow enough of a sack to keep a spare <16” upper. Meanwhile BLM and Antifa are out burning down businesses and slamming conservatives in the face with bike locks.

We’re doomed.

[jpmuscle]

Y'all disappoint me immensely. Like I'm offended at how shameful some of the behavior on here has become.



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[Sparky5019]

While Renegade is correct in that the letter of the law states multiple uppers for a registered lower is illegal, constructive intent is a red herring. It only matters and is only chargeable if atf raids your house and that would only happen if you were being looked at for something pretty bad. It’s not like they come visit you occasionally like they do us dealers.

The real danger for you is getting “carded” for your stamp and not having the matching length upper on that lower. Technically, you are supposed to notify atf in writing if you change the barrel length of a registered SBR. I know there is probably something you can do for multiple lengths but I’ve not asked them about it.

The sticky point is how many SBR uppers do you have for how many registered lowers vs how many unregistered lowers you have.

[Renegade]

While Renegade is correct in that the letter of the law states multiple uppers for a registered lower is illegal,

I did not say that and the law does not say that either.

[Sparky5019]

I did not say that and the law does not say that either.

Then I misinterpreted your post. My bad. Otherwise, my post reflects my multiple conversations with my atf contact about the issue.

[Renegade]

Then I misinterpreted your post. My bad. Otherwise, my post reflects my multiple conversations with my atf contact about the issue.

You can have as many uppers of any length as you want for your SBR.

[Sparky5019]

You can have as many uppers of any length as you want for your SBR.

Where are you seeing that because we’ve had to inform them in writing at their insistence of a change in the length. No harm no foul in this case but I couldn’t find anything to the contrary.

[Renegade]

Where are you seeing that because we’ve had to inform them in writing at their insistence of a change in the length. No harm no foul in this case but I couldn’t find anything to the contrary.

Where are you seeing anything saying it is illegal?

You have a Colt 6921 (14.5") for example.

How in the world is having additional uppers (16" 10.3, take your pick) illegal? It is not possible to make an illegal gun.