View Full Version : NFA?
If I had a lower in my house along with a 10.5 upper but they were seperate would this count as a NFA violation? Im planning on getting the tax stamp but have a chance to pick up a upper real cheap.
Thanks
Master Blaster
05-02-07, 03:57
Yes you would be in violation of the NFA IF the ATF&E came to your house without the lower being registered as a SBR.....
but the chances of the ATF&E coming to your house are......( pretty slim ).
Get the lower registered and don't do anythine to get their attention (like rob a bank or shoot up the mall ) and all will be good.
Master Blaster
Don't take any chances & do what's right. Apply for the stamp & if they approve it, go grab as many shorties as you want. Yes, the chances of the ATF coming to your hootch are slim, however, they do monitor these boards on occasion. Plus if any local leo who knows NFA laws that happens to be in your hootch becomes aware that you have a SBR without a stamp, you may have some explaining to do if he/she decides to notify the ATF.
Even if you're in possession of an unauthorized, NFA contolled item without a stamp & you have not committed an unrelated crime in conjunction with the item, you can still be in for a round of trouble if it's proven that you possessed it without the stamp. IIRC, even constructive possession is illegal. This has been debated a lot though. If you want more piece of mind about this just contact your local ATF office & they will be more than happy to answer any & all questions you may have.
Disclaimer: There is no known cure for SBRD. It's only treatable by getting your stamp & buying as many short uppers as you can ;)
Maybe you need to get the upper and let your dealer or smith keep it while you get your stamp....
You could just build an AR pistol. As long as the 10.5 inch upper is on a virgin reciever without a buttstock then it would be legaly considered a pistol. When the paper work goes through then you just put the buttstock on HTH :D .
Master Blaster
05-02-07, 17:34
Sorry the pistol idea will not work - the lower has to be registered as a pistol from the manufac. , it can not be done on the white (4473) form.
Have someone that already has a SBR hold it for you if having both parts makes you nervous and get your stamp.
Master Blaster
What about the pistol marked lowers and having the FFl record the sale as a pistol to be safe? Then could he SBR later?
What about the pistol marked lowers and having the FFl record the sale as a pistol to be safe? Then could he SBR later?
That's a good question. One could assume that if you buy a registered pistol lower, then that's what it has to stay...expecially if that's how the FFL records it. I could be wrong since I don't have the rules in front of me right now, but I don't think a registered pistol lower can later be re-registered as a SBR. Pistol lowers come marked as pistol from the factory, right? If you buy a complete SBR it's registered as such from the factory & if you Form 1 an existing rifle lower then it's registered that way. So, I'm assuming a pistol lower going to SBR lower is a no go.
I guess I will have to wait and get the stamp than pick up the upper. Im driven crazy with my intense need for instant gratification.
How about buy the upper and keep it with a friend who doesn't own any ARs?
That's a good question. One could assume that if you buy a registered pistol lower, then that's what it has to stay...expecially if that's how the FFL records it. I could be wrong since I don't have the rules in front of me right now, but I don't think a registered pistol lower can later be re-registered as a SBR. Pistol lowers come marked as pistol from the factory, right? If you buy a complete SBR it's registered as such from the factory & if you Form 1 an existing rifle lower then it's registered that way. So, I'm assuming a pistol lower going to SBR lower is a no go.
I disagree. I have a Glock21 SBR.
You need to follow the same procedures for making a pistol into a SBR as a rifle into a SBR.
I guess I will have to wait and get the stamp than pick up the upper. Im driven crazy with my intense need for instant gratification.
If that's the case then NFA ain't for you. Yes, approval times from NFA branch have improved greatly over the last year or so, but it's still a waiting game.
For example, I waited for my can to come in to my local dealer, then waited for the NFA paperwork to process, only to find out that the mount doesn't fit and I need to send the barrel in to have the mount corrected. So now I have to wait until I can take some time off from work to go mail the barrel in, and then wait for the original dealer to fab the new mount and mail the barrel back.
I guess I will have to wait and get the stamp than pick up the upper. Im driven crazy with my intense need for instant gratification.
Patience warrior. It's not that bad. If you have a local class III dealer, go to him or her & get the Form 1 paperwork. That dealer should help you with any questions even if you don't plan to buy from their shop. The process may vary from town to town if you are allowed to possess SBR's in your state. You should have your stamp returned approved in about 30 days, give or take a week. All my stamps have been approved in under 30 days for each one.
While you're waiting do some research on the particular set up you want. Make a list & choose a dealer with the options & prices you can afford. This will help pass the time while your form 1 is processed. Before you know it you'll be the proud owner of SBR & have your fix...temporarily until you decide you want more shorties. At least get the paperwork started asap if you really want that SBR.
If that's the case then NFA ain't for you. Yes, approval times from NFA branch have improved greatly over the last year or so, but it's still a waiting game.
For example, I waited for my can to come in to my local dealer, then waited for the NFA paperwork to process, only to find out that the mount doesn't fit and I need to send the barrel in to have the mount corrected. So now I have to wait until I can take some time off from work to go mail the barrel in, and then wait for the original dealer to fab the new mount and mail the barrel back.
A little OT, but what did you get, and what were the fitment issues? Is it a can for one of your 6933's?
Curious as my Dad is looking for a new can for his 11.5".
A little OT, but what did you get, and what were the fitment issues? Is it a can for one of your 6933's?
Yes, it's an Ops, Inc. The fitment issue was that the ID of the collar was too small.
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