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Thread: Different barrel lengths on my registered SBR?

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    Different barrel lengths on my registered SBR?

    I originally configured my lower to have a 10.5" barre/upper. I want to get a 12" LMT piston barrel to go into my MRP. What are the laws around multiple barrels and uppers?

    Thanks,
    Eric
    Last edited by Alpha231; 03-30-10 at 19:33.

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    Let me first say this is often questioned, debated, etc. The laws are just as fuzzy of having a registered M16A1 lower that says .223 and you want to fire 9mm or .22 through it.

    You really have free reign, but...

    I believe a letter to the ATF stating you intend on swapping uppers between lengths 10.5" to 14.5" barrels will cover your options. If there are any problems with this...

    Naturally CYA by having a copy of the letter, and a send it certified. Keep any retrurn correspondence, copy it all and laminate it, stick copies in your range bag
    Glocks are functional tools and nothing else, hence they have no soul - Rob S.

  3. #3
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    As mentioned you can send a letter stating what length you intend to use.
    I cover all calibers and lengths on my Form 1, originally listing multiple figures in the barrel length and caliber box, but now they don't like that so (under guidance of my examiner) I list in box H as "other calibers" and "other barrel lengths"

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    Your original form1 should have the shortest overall length you intend to use. If that form1 was approved when you measured a 10.5 barrel, any length greater than 10.5 will be good to go. You can register your lower for 10.5 and use 11.5,12.5, 20+ or whatever. On the flipside if you wanted a 7.5 barrel you would need prior approval and modify your original form1.

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    So you are also asking about simple possession of these multiple uppers, not just changing them out?

    According to most people, all you are in jeopardy of is "constructive possession" and the simple way of putting it is this- you can have as many short uppers as you want as long as there is a legal configuration available for any and all non-SBR lowers you also possess. Legal configuration means you need to have a 16" upper for all non-SBR lowers in order to be able to possess more than one short upper for that SBR lower.

    Do not taunt Happy Fun Ball...

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    Quote Originally Posted by SuicideHz View Post
    So you are also asking about simple possession of these multiple uppers, not just changing them out?

    According to most people, all you are in jeopardy of is "constructive possession" and the simple way of putting it is this- you can have as many short uppers as you want as long as there is a legal configuration available for any and all non-SBR lowers you also possess. Legal configuration means you need to have a 16" upper for all non-SBR lowers in order to be able to possess more than one short upper for that SBR lower.
    It would be extremely hard for the BATFE to associate any of my LMT MRP barrels (as they are proprietary to the MRP upper) on any non-NFA items... This is what I have going for me... your thoughts?

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    Heres what my ATF agent told me. You can have any length upper you want but your "main" or "primary" upper needs to be the one thats on you F1. Other than that if you change the main upper you have to notify ATF....
    FFL/SOT

    Chuck Norris has to maintain a concealed weapon license in all 50 states in order to legally wear pants.

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    Quote Originally Posted by 99HMC4 View Post
    Heres what my ATF agent told me. You can have any length upper you want but your "main" or "primary" upper needs to be the one thats on you F1. Other than that if you change the main upper you have to notify ATF....
    This is correct...As long as its not a premanent change. If you intend to run your 12" upper on the gun more than the 10.5" then go ahead and send ATF a notice of the "permanent change". From what I understand it does not matter what lenght it is. Even if you registered it as a 10.5" originally you can still put a 7.5" on it as long as its not permanent. Its a registered SBR..once an SBR it's an SBR.

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    The whole "constructive intent" theory is flawed if one is a law-abiding citizen. From a practical perspective, one could just as easily remove the two takedown pins from one of their 16+" guns and put the <16" barrel on that as put the spare SBR upper on one of the non-NFA lowers lying around. If you're really worried about it, keep the spare non-NFA lowers in a separate location.

    As for the original question, just send a fax or letter to NFA branch advising them that you are adding X barrel length in Y caliber for Z serial number, and keep a copy. Certified mail doesn't mean much because you could have sent them a photo of the family dog.

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