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I may be wrong but there is nothing illegal with a short barreled upper.
(notice i didn't call it a SBR)
An SBR is when you put that upper on top of a lower and connect the two pins making it a functional rifle.
The OP is not currently in jail or had anything confiscated so i'm guessing he made
a judgment call at the spur of the moment and in this case everything turned out ok for him.
He and only he knew all the variables that came into play.
He knew he had a vindictive ex-friend that caused this and knew the officers involved
would be more pissed at the false claim if (knowing he had noting to hide) he
helped them, was very polite even offered them coffee and calmly explained the story
of a friend and money that turned him into an ex-friend.
The OP was correct that it should have taken more than one phone call to get the BATFE out at his house with local police to conduct a search.
There had to have been several and maybe he even got other people he knows
or asked on some messed up internet forum for "help" in busting a "bad-guy" and got others to e-mail in.
If that is the case then it should turn up in the wash because i doubt if every agent is going to let the time/money spent on this search just go away without
some outcome or way to end the case log.
Yes there are things you should do and not do BUT there is also the ability to
improvise in that heat of the moment.
Congrats to the OP on his excellent handling of this event.
One afternoon a knock at the door. Two very young guys (early 20's) wait at the door my wife answers to "ATF we are here to do a compliance check."
After looking at ID's, I asked them to come in and have a seat. I have a few NFA items so I figured they wanted to see them or something. Turns out
they wanted to see 2 handguns I purchase at the same time a year earlier. They checked the serial numbers off them said everything was good. I asked if they need to see anything think else. They said "your collection is your private business, we shot the shit for a half hour or so and they left..
Guys, I thank you again for all your experience and help in this situation. I didn’t want to cause a riff or argument among you guys, I know well enough to stay away from politics (& religion). As far as the SB uppers, I had them all in a case, separate from lowers which were stripped and/or missing many parts, inoperable. The lowers all had legit uppers as well. I figured if something was wrong, then I wouldn't be typing this right now. It may come to me selling a lot of my stuff and just keep a handful of guns; I don’t shoot the majority of them anyway. I have guns that I purchased in the 90’s that I never fired, so they aren’t doing anything other than taking space. Don’t get me wrong, I love firearms since I was a kid. The first thing I did when I turned 21 was buy my first pistol, a Sig 229 40 cal. I didn’t go to the bar and drink, I went to the range and had fun. Firearms have been my hobby, from BB guns when I was 10 to a 1967-68 Browning Auto 12g that my uncle gave to hunt with; I have been into guns since I could remember. I don’t want to lose my right to possess firearms, so I figured cooperate since I knew that their reason for being there was a bogus statement made to ruin my day. See, the vindictive friend needed money to pay restitution (court fees and tickets) because he was nailed for felony evading arrest and DWI. So he needed money quick or he was going to jail. He wanted me to loan him $ and hold his guns, but I refused to do that and now I own his guns (he already owes me $500 from a previous loan 5+years ago). IMO, I’m a good old guy and would help someone out if needed. But, screw me over and I will not be so nice, so this time I kept the guns, I’m not a pawnshop. Anyway, the guy was angry and wanted me to lose my guns & freedom, just as he lost his. I live next door to a local PD officer, and I will be talking to him shortly and see what he could tell me. My intention is to learn from my mistakes and experience to become wiser and more informed. Most important point I realize is I have a good life & a beautiful family; I don’t want to lose that. Thanks fellas.
Am I wrong in understanding the law? My understanding is that for you to legally own a upper that is less than 16" you must have a lower that has been approved for a SBR and the tax stamp to prove it.
My understanding is that you cannot have a lower and a SBR upper together if you don't have an NFA approved lower.
Is that incorrect?
If you are at the "mercy" of the ATF doesn't that put you into a very grey area that most law abiding would like to stay away from? If said grey area can put you behind bars then how can you argue that it is legal?
There was recently a case where a man was arrested, I believe in Fla, that had a stock in his possession that would fit his HK pistol that he was selling.
Last edited by d90king; 04-10-10 at 12:53.
I understand your point, and I realize a grey area exists in this circumstance. I purchased the SB uppers w/ the intention of registering a SBR, but have not done so. I can always add a 5" flash hider ( I do have a couple of 5 inch f.h. from older uppers) and make them legal for a "preban" stripped lower that I have. Would that be ok ? IMO, I probably should get rid of them entirely, to avoid any further problem. I really do not need a SBR, I would much rather sell them and buy a 16 inch mid-length BCM upper.
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