owning an SBR

[kgj1119]

Might be a dumb question. Is it legal to purchase an SBR upper by its self? i want to get one but dont have a registered lower to put it on yet. Also the state i live in you cant own an SBR, but Im moving soon, and dont want to pass on a good deal.

[sbiggs]

I don't currently own an SBR, but from my understanding you can possess the short upper as long as it is not placed on a lower for a complete rifle. However If you currently own other AR's or lowers the case could be made that the short barrel upper could be placed on these and thus you would be in violation. So if it is too good a deal to pass up, you could purchase it and have a non-AR owner hang on to it for you until you get your tax stamp or just play it safe and wait until you get the lower registered and then get the upper. Just my .02.

[kdcgrohl]

However If you currently own other AR's or lowers the case could be made that the short barrel upper could be placed on these and thus you would be in violation.
This is called constructive intent. I wouldn't expect the black helicopters to be landing in my backyard, but it's still a good idea to store your upper separately.

[SteyrAUG]

Constructive possession.

You can own a short upper IF you don't own a lower. If you own both, assembled or not, ATF considers it a felony.

I've personally seen people lose both upper and complete AR as a result, even thought the upper was not on any firearm.

[eternal24k]

Bad idea all over it, especially if you live in a non-SBR state. Unless you own a pistol lower, and it is set up properly (with pistol buffer tube), I would strongly suggest you wait until you move AND have your Form 1 in hand.

[Belmont31R]

Either store it off site away from any lower or get a pistol lower.

[bnanaphone]

If you currently own even one complete AR rifle, would it still be possible to purchase the SBR upper and a pistol lower while being straight with the law?

Are you walking a fine line even with an unregistered rifle lower + rifle upper while also owning a pistol lower + SBR upper? I am trying to explain this the best I can, sorry for any confusion. Even if you never swap uppers, could this still be considered constructive posession?

Just to play it safe should you just register a rifle lower and have it be done (in this situation)?

Thanks

[Artos]

If you currently own even one complete AR rifle, would it still be possible to purchase the SBR upper and a pistol lower while being straight with the law?

Are you walking a fine line even with an unregistered rifle lower + rifle upper while also owning a pistol lower + SBR upper? I am trying to explain this the best I can, sorry for any confusion. Even if you never swap uppers, could this still be considered constructive posession?

Just to play it safe should you just register a rifle lower and have it be done (in this situation)?

Thanks

What kind of upper do you really have in your scenario??

I think you need to watch the wording / fine line....I am no expert in these matters, but I think what you would want to have if ATF came looking was a complete AR pistol (Marked AR pistol lower and AR pistol upper & keep them connected)

In other words, I think it would look poorly if you incorrectly explained a pistol upper as an SBR when that is not the case. Make sense??

Now if the upper is obviously for an SBR, then yes I think you are pushing things. Get that lower registered before any purchase of a real SBR upper.




To the OP....deals come and go so work on the lower first.

[bnanaphone]

What kind of upper do you really have in your scenario??

I think you need to watch the wording / fine line....I am no expert in these matters, but I think what you would want to have if ATF came looking was a complete AR pistol (Marked AR pistol lower and AR pistol upper & keep them connected)

In other words, I think it would look poorly if you incorrectly explained a pistol upper as an SBR when that is not the case. Make sense??

Now if the upper is obviously for an SBR, then yes I think you are pushing things. Get that lower registered before any purchase of a real SBR upper.


To the OP....deals come and go so work on the lower first.

I see your point.

I was wondering if a person were to purchase an 11.5" upper and mate it with a pistol lower, while still owning a complete AR rifle would be in danger of a BATF visit. I can easily see how that can be construed as "intent" given the posession of both an 11.5" upper and an unregistered lower. I forget that an AR pistol upper is typically in the 7" range.

I am not in posession of any uppers below the 16" barrier, but just thought that it could be a possibility where somebody without such knowledge could get into trouble in a hurry.

Thanks for the info.

[kgj1119]

thanks for all the info.. i think im gonna go the pistol lower route.. im moving after the first of the year,so i think this is my best bet.

[UVvis]

Is constructive intent a real concept that people have gone to trial for?

If your intent is to build a Pistol AR, or a SBR by following NFA guidlines, I don't see why the ATF would have issues with anyone.

If you have a SBR and a regular 16" AR, then you would again have the parts needed to be in violation of the NFA.

[geminidglocker]

Yup, I own a pistol lower which I intend to build into a pistol first, to work out any bugs, then, when I SBR it, I can just pay the 200bucks and wait to replace the buffer tube to one that will accept a stock.