Constructive Intent

[techres]

I know none of you are lawyers, and most likely none of you are BATF employees, but I am still interested in this question which is theoretical at this point (and I mean that).

So owning an AR rifle, or several, and buying a .223 upper with a short barrel is a no-no as that would be "constructive intent" to make an SBR. I understand that.

But what about adding a 9mm short upper if you do not have a 9mm BCG? I.E. you have the upper, barrel complete but not enough parts to make a functional weapon since your .223 parts cannot complete a 9mm.

Yes, this is getting up against the wall, but would it really be on the wall or over it?

Why do I ask? Because I see the occasional deal on a 9mm upper and would like to make a good price buy even if I have not gotten a form 1 started an of my AR lowers.

 

[NateIU10]

I'm not 100% sure of the answer, but the easiest thing I can see you doing is just picking up an extra pistol lower

 

[techres]

...just picking up an extra pistol lower

HA HA HA HA HA HA

You have not tried to buy a lower in the last week... What I had to do to get a simple Bushmaster rifle lower last week was, well, unspeakable.

Used uppers are cheap right now, pistols lowers are a whole different story.

But on a legal note, you are completely correct.

 

[NateIU10]

If your FFL is using the new 4473's, can't the lower be either as it is booked as just a receiver? Or does it still leave the factory as a "rifle"? I was wondering about that too.

But yes, lowers are crazy right now, hopefully they come back down.

 

[VUPDblue]

I wouldn't do it.

 

[techres]

I wouldn't do it.

Ok then. I will pass up all those deals that I don't really have money for in the first place...

Darn reality police.

 

[ashylarry]

You have not tried to buy a lower in the last week... What I had to do to get a simple Bushmaster rifle lower last week was, well, unspeakable.

Used uppers are cheap right now, pistols lowers are a whole different story.

I just sold a pistol lower this week. Went pretty quick

 

[techres]

I just sold a pistol lower this week. Went pretty quick

Got any more?

 

[ashylarry]

Got any more?

I just had the one. Needed the money more than the extra lower. And I had to make some money on it, so I put it on AR15.com. I wouldn't do that to any of you guys. But Ill keep an eye out for you. I check the EE all the time for good deals.

 

[phylodog]

I wouldn't hesitate to jump on a deal. I would not store it (the short barreled upper) at my home or within the vicinity of my other AR15 rifles. As an additional precaution, if you were having it shipped in have it shipped to work or to a family members house and keep it there until you have a registered lower to put it on.

 

[-XL-]

What about a registered SBR and a 4473'd Pistol configured with a 16" barrell and a stock. No problem, but what about another short upper just sitting there? Would it be a problem because the buttstock on the rifle configuration?

 

[JosephR]

What about a registered SBR and a 4473'd Pistol configured with a 16" barrell and a stock. No problem, but what about another short upper just sitting there? Would it be a problem because the buttstock on the rifle configuration?

I'm not sure I understand what you are asking but I'm guessing you want to know if it's legal to have that short upper around a rifle lower, even if the short upper has a title II SBR as it's "home."

The answer is yes, perfectly legal. As long as there is a legal configuration for both the rifle lower AND the short upper, it's legal, meaning you need a 16"+ upper for the rifle lower and a registered SBR for the short upper.

You can have 10 rifle lowers and 1 SBR lower and 20 short uppers as long as you have 1 16"+ upper for each of the 10 rifle lowers.

 

[-XL-]

I was thinking each short upper had to have either a pistol lower or an SBR.

Technically the second lower is a pistol, because it was 4473'd that way but since it's configured as a rifle right now the buttstock would be the problematic item if I got another short upper.

 

[JosephR]

It's simple- have a 16" upper for every rifle lower you own. That's all you need to do.

You can legally turn a pistol lower into a rifle lower by adding a stock and a 16" rifle upper. You can't use a rifle lower (one registered as such) as a pistol lower.

Your pistol lower is now a rifle lower since you added the stock. It needs a legal configuration, i.e. a 16" upper somewhere in your house in order for you to not be at risk with multiple short uppers and only one SBR.

 

[-XL-]

Good advice. Thanks.