Dumb question that I am pondering..?

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  • craigkim

    Sharpshooter
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    Jun 6, 2013
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    Fishers
    Okay, so we all know that you can have multiple uppers for a pistol or an SBR lower... BUT, can you possess more SBR lowers than short barreled uppers?

    The reason I ask is that all of my lowers have different triggers, each suited to a different use. If I Form 1 all of my lowers, it gives me the ultimate versatility and modularity to just swap uppers, be they short barreled or >16", between my lowers and stay within the confines of the law. The problem I see is that you have to declare the length and caliber in your Form 1, so can you use the same upper between two lowers? For example, register 2 lowers with my 8.5" blk upper and then they share it? In between sharing the 8.5", they would get the non-NFA 16+" upper put back on them.

    If i just guess that I may want a 12.5" upper some day and register the other lowers like that, then I would think that you are creating problems if the first time you ever "create" the SBR, you use another short upper from another SBR, and not of the length or potentially caliber designated on the form?

    The alternative is that I would have a couple of short uppers and then you would be restricted to placing those only on the registered lowers. I just can't see how there could be ANY perceived mal intent in paying the taxes to have the versatility, vs the opposite scenario of having a bunch of SBR uppers and only one of your lowers registered...?
     

    Beowulf

    Master
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    Mar 21, 2012
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    Brownsburg
    From my dealings with the ATF (and I'm just speaking for myself), it seems they don't really care if you swap uppers around as much as you want, as long as you can restore the gun back to whatever configuration you registered it in. So, if you register it as an 8.5" .300 BLK gun, as long as you can put it back that way, you can do pretty much whatever in terms of uppers.

    In reality, are they ever actually going to check if you have an 8.5 .300 BLK upper still in your possession? No and even if they do and you don't have one, they'll likely just ask that you submit a letter to them updating your registry record with the new length/caliber.
     
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