SBR, More than one upper

[JediGuy]

Dude.

[SteyrAUG]

My question is let’s say you have multiple Sbr lowers and uppers but also multiple reg 16in plus rifles , what about lowers that are not fully built like no trigger or stock , Wouldn’t the lowers have to be in “ useable configuration “ ? Or do stripped lowers fall into that intent ? All hypothetical scenarios here

A stripped lower is a "firearm" by ATF definitions. For every "non NFA lower in your possession" you want to have a compliant upper.

So if you have:

2 registered SBR lowers.
4 short uppers
3 standard lowers
2 standard uppers

You would want to have in your possession one more standard upper.

Now if you have:


2 registered SBR lowers.
2 short uppers
5 standard lowers

You are probably just fine. But do not plan on the lack of a FCG to save you from constructive possession.

The only good news is that in the 14-15 years since this thread was started, the pistol brace crowd has really thrown a monkey wrench into the way ATF "wishes things were." Lots of short uppers out there in homes that don't have a registered anything.

[georgeib]

A stripped lower is a "firearm" by ATF definitions. For every "non NFA lower in your possession" you want to have a compliant upper.

So if you have:

2 registered SBR lowers.
4 short uppers
3 standard lowers
2 standard uppers

You would want to have in your possession one more standard upper.

Now if you have:


2 registered SBR lowers.
2 short uppers
5 standard lowers

You are probably just fine. But do not plan on the lack of a FCG to save you from constructive possession.

The only good news is that in the 14-15 years since this thread was started, the pistol brace crowd has really thrown a monkey wrench into the way ATF "wishes things were." Lots of short uppers out there in homes that don't have a registered anything.

In @JVG19's situation, the easy way to avoid even the potential of "constructive possession," is likely to make sure he also has a pistol brace lying around.

[AndyLate]

In @JVG19's situation, the easy way to avoid even the potential of "constructive possession," is likely to make sure he also has a pistol brace lying around.

Edited to add:I am no lawyer and perhaps the rules have evolved. Certainly the situation has changed (at least twice) since this thread was started.

Why would he need a pistol brace lying around? My stripped lower is a pistol until I attach a buttstock to it and the ATF pistol brace/SBR ruling only applies to a pistol with a brace. An AR pistol with a buffer tube is outside their criteria.

Andy

[georgeib]

Edited to add:I am no lawyer and perhaps the rules have evolved. Certainly the situation has changed (at least twice) since this thread was started.

Why would he need a pistol brace lying around? My stripped lower is a pistol until I attach a buttstock to it and the ATF pistol brace/SBR ruling only applies to a pistol with a brace. An AR pistol with a buffer tube is outside their criteria.

Andy

Honestly, Andy, I'm not too sure it's necessary. I'm personally not too concerned about being charged with "constructive intent." But in the context of an over abundance of caution, a pistol brace (given the injunction against the ATF's rule) would remove the last shred of doubt. I was looking at it as that last layer of assurance, I suppose.