SBR Question

[utarch00]

Can I buy a Short Barreled upper with out having the tax stamp?

[docsprague]

90% of the time you do not need a tax stamp. Some venders, usually local, want to see the tax stamp but that is their decision. Now here is the tricky part. If you already have an unregistered lower and you have a SBR upper in the same location, it is considered constructive posession by the ATF. Some people say leave one of the two at a friend's house, others say that is still constructive posession. Chances of the ATF ever going to you or your friends house to get you on a charge is slim to none but it is still your decision.

[gunny]

Affirm, many dealers will sell you a SBR upper without documentation of having a tax stamp, but you better not get caught taking possession of it or having it installed on an unregistered lower. Actually, I think just ordering one & having it shipped to coordinates other than your own is an offense. Intent to manufacture or some trash. Correct me if I'm wrong, gent.

[LukeMacGillie]

Affirm, many dealers will sell you a SBR upper without documentation of having a tax stamp, but you better not get caught taking possession of it or having it installed on an unregistered lower. Actually, I think just ordering one & having it shipped to coordinates other than your own is an offense. Intent to manufacture or some trash. Correct me if I'm wrong, gent.

Not an offense that I know of, since you can build an AR pistol. All the dealers are doing is mothering you, and attempting to avoid liability.

[gunny]

You can place a shorty on a pistol lower, but pistol lowers don't have to be registered as a short barreled rifle as the OP was inquiring about. Is the reason for this because they don't have a stock? I'm assuming the OP desires to have a short barrel for his rifle lower. I'm still learning about this SBR evolution myself, so, again correct me if I'm wrong. I repeat what one of my local class III dealers told me. He can order me a short upper, but he will hold on to it until my tax stamp comes back to me approved. He says if I have short barrel in my possession without a tax stamp, regardless if it's installed on my lower, it's illegal & the BATF will prosecute. Same with the can.

Other dealers have told me they will ship to the front deck of my hootch without the stamp. I asked them to clarify that they were telling me they didn't need my stamp documentation & they said "what you do with it is your own business." Given what I do for a living in my current career field I don't think I would be received very well in a federal prison:eek: So, I'll just wait 'til my stamp comes back before I purchase. I'm no expert so please advise the actual scuttlebutt ref this if what I've posted above is wiskey delta.

[SuicideHz]

You CAN have the short upper as long as you don't have an unregistered lower. If you have an unregistered lower, you CANNOT have a short upper unless you have a registered pistol lower for that short upper. -Like I do.

I bought a Colt RO635 9mm off of my local dealer on a LCW PISTOL ONLY marked lower with an extension tube and no stock. It was transferred as a pistol.

My Noveske lower was shipped off for engraving and then I filled out the paperwork- sent it in on the 1st of the month. Should be back early next week. THEN I'll slap the RO635 on the Noveske and smile :D

I'll swap the uppers back and forth at the range until or if I get a new lower for my 16".

If you order a complete SBR rifle from LMT or Colt or Noveske, it will sit at your C3 dealer until the paperwork is done. You MAY have a C3 dealer that will let you take the upper home to admire it as long as you don't have an unregistered lower. Most of the time though the entire thing will sit complete until the paperwork is back.

You cannot take a suppressor home until the paperwork is approved. Most C3 dealers are cool and if they have a range or work out of home with a nice yard, barn or range, they'll let you fire it when you go to fill out the paperwork like mine did (nice big yard.) Maybe if they have a shop and range you can fire it at the shop under their supervision a few times before the paperwork comes back.