PDA

View Full Version : SBR Question and how it works?



dtibbals
12-10-09, 10:16
OK i currently live in a state that does not allow an SBR, auto or suppressed. I am planning on moving in the next couple of years or sooner back to Kansas or Texas. How does owning an SBR work? If I am correct there is a tax stamp you purchase and you are good to go? My mom and others live in Kansas and I was wondering if it is legal to purchase an SBR upper and leave it in Kansas? My thought process is I would spend the money to have it now even if I can't use it just in case they pass a law that would not allow me to buy it in the future.

I thank you for explaining how an SBR works and what I can or can not do. Also would be wondering about the same thing with suppressors.

Thanks Guys!

David

Iraqgunz
12-10-09, 14:58
The upper and registered lower have to be together for it to be a complete SBR. Unless you are going to register the SBR in one of those states you mentioned you won't be able to do it as the item must be legal in the state where you are residing.


OK i currently live in a state that does not allow an SBR, auto or suppressed. I am planning on moving in the next couple of years or sooner back to Kansas or Texas. How does owning an SBR work? If I am correct there is a tax stamp you purchase and you are good to go? My mom and others live in Kansas and I was wondering if it is legal to purchase an SBR upper and leave it in Kansas? My thought process is I would spend the money to have it now even if I can't use it just in case they pass a law that would not allow me to buy it in the future.

I thank you for explaining how an SBR works and what I can or can not do. Also would be wondering about the same thing with suppressors.

Thanks Guys!

David

dtibbals
12-10-09, 15:01
OK that makes sense. So let me ask you this...can I buy the upper in lets say 12" and not have it registered as an SBR as long as it is not installed on a lower? My thought is buy the upper and stash it away for when I move. I would assume its legal to have the parts as long as the upper is not installed on a lower, correct? Also what is the cost and process to register it as an SBR?

Thanks for the reply, didn't know the lower was registered that does make sense.

David

Texpatriate
12-10-09, 15:44
This is the kind of situation where a pistol lower becomes a brilliant invention.

adh
12-10-09, 16:35
I'd have to agree with Texpatriate. Get a pistol lower and build away (just don't put a vert grip on it....makes it an AOW which is also NFA), or just wait. Without the pistol lower if you have another lower/AR, in theory you could get charged with constructive intent.

dtibbals
12-10-09, 21:14
This is the kind of situation where a pistol lower becomes a brilliant invention.

Can you guys explain this??? I have 2 stripped lowers coming in tomorrow. I could register one of them as a pistol but not sure how this all works.

Texpatriate
12-10-09, 22:57
What state are you in? Here is my explanation from a similar post concerning building a pistol AR:


As long as you are building it on a "virgin" lower that has never been assembled as a rifle, and that was either transferred to you as an "Other Firearm" or a "Handgun" on the form 4473, then you should be good to go to build a pistol. If it was transferred as a "Long Gun" on the 4473, then don't even think about it unless federal prison sounds attractive to you. Laws are funny like that, ain't they?

At a later date, you can pay your $200 and after receiving back approval from the ATF to build an SBR, you can then engrave your lower and change out your pistol receiver extension for a rifle or carbine extension. The lower is then legally at that point defined as an SBR. It can never go back to being a pistol again. Even if you put a 20" rifle upper on it at a later date, it is still legally an SBR and subject to all relevant laws.


The original thread can be found here: https://www.m4carbine.net/showthread.php?t=37453&page=2

Now, before somebody gets on and starts railing on me for how stupid they think pistol AR's are, let me just say that I am personally not a huge fan of the AR pistol concept. I think that they have two reasons to exist:

As a stand in for an SBR when the owner cannot currently own an SBR due to state law or other extenuating circumstances.
As a superfluous range toy.


For now, you and I both fall into category 1. Everybody else should probably just bite the bullet and SBR the thing.

dtibbals
12-10-09, 23:04
What state are you in? Here is my explanation from a similar post concerning building a pistol AR:



The original thread can be found here: https://www.m4carbine.net/showthread.php?t=37453&page=2

Now, before somebody gets on and starts railing on me for how stupid they think pistol AR's are, let me just say that I am personally not a huge fan of the AR pistol concept. I think that they have two reasons to exist:

As a stand in for an SBR when the owner cannot currently own an SBR due to state law or other extenuating circumstances.
As a superfluous range toy.


For now, you and I both fall into category 1. Everybody else should probably just bite the bullet and SBR the thing.


I live in IL right now for work. Can't wait to get out of here, especially right now when the snow is flying lol.

This is an interesting way to go about it. I have to go do the paper work for 2 stripped lowers I purchased, maybe one of them should be registered as a pistol, but if I don't go this way then I am stuck with a lower I can't use...hmmmm

So can I legally call up BCM or LMT and order a 10-12" upper and just put it in my safe with out a lower attached? Is that legal? The last thing I want to do is bend or break the law, just trying to understand my options.

David

Iraqgunz
12-10-09, 23:12
There are those that will say (based upon rulings. interpretations, etc..) that having a shorty upper and a lower that has not been registered is "constructive intent" and could lead to prosecution for possessing an unregistered SBR.

I say that if you announce it all over the internet and then draw attention to yourself anything can happen.

You best course of action would be to keep the upper and lower(s) separate until you do what you need to do.


I live in IL right now for work. Can't wait to get out of here, especially right now when the snow is flying lol.

This is an interesting way to go about it. I have to go do the paper work for 2 stripped lowers I purchased, maybe one of them should be registered as a pistol, but if I don't go this way then I am stuck with a lower I can't use...hmmmm

So can I legally call up BCM or LMT and order a 10-12" upper and just put it in my safe with out a lower attached? Is that legal? The last thing I want to do is bend or break the law, just trying to understand my options.

David

dtibbals
12-10-09, 23:18
There are those that will say (based upon rulings. interpretations, etc..) that having a shorty upper and a lower that has not been registered is "constructive intent" and could lead to prosecution for possessing an unregistered SBR.

I say that if you announce it all over the internet and then draw attention to yourself anything can happen.

You best course of action would be to keep the upper and lower(s) separate until you do what you need to do.

Yea I can see your point. I should just buy the upper and leave it at my moms house in Kansas with no lowers in that state, don't think I could have less of a constructive intent than that. Or I could just gamble and wait till I move, maybe they will still be legal and prices won't be worse than now but probably will be. starting to think it might just be more fun in the mean time to buy a MSAR STG-556 for something short, fun and legal and worry about it later. Last thing I want is to have to go through hell to save a few bucks.