How many SBR uppers can you own if....

[rushca01]

I know once you get your form 1/4 approved for your SBR lower you can have any number of uppers as long as you can return it to the original configuration (assuming you haven't called to ammend the form). My question is what if I have stripped/complete non NFA lowers without a matching 16.1 or greater upper on it by I have exra SBR uppers laying around?

EX: Let's say I have the following in the safe

5 Regular AR 15's non NFA and all assembled in their various arrangements.

2 Stripped/completed lowers

1 SBR complete gun in it's original barrel length shown on the form 1/4

2 SBR uppers that are used occasionally on the SBR lower.

Am I legal to have the 2 SBR uppers that are not mated to anything while having stripped/complete non SBR lowers in the safe that those NFA uppers could easily be pinned to to make an illegal weapon if it was done, ie constructive intent? Or, am I ok since I have the one SBR lower even though I have stripped/complete lowers sitting there next to it?

ETA: This is my first dive into Form 1 SBR's. I own 3 cans but no SBR's...yet, paperwork sent 6/25.

 

[pftraining_in]

The black and white answer is no you can not. The ability to construct another SBR, complete lower with a SBR upper, creates constructive possession.

Is there a gray area, that is up to you and the sense of humor of the agent.

Just remember, if the ATF is knocking at your door you have already screwed up.

 

[Slow Hand]

Now, what if those lowers are stripped and were transferred to you as a reciever and not a rifle? Then they could technically be assembled as a pistol, correct? I guess the easy asnwer is to not have any lowers around if you have extra uppers, correct?

Doug K

 

[in812]

with the stripped lowers if they were transferd as lowers not rifles wouldnt it come down to if you have the stock to make them a rifle or SBR ?

 

[tuoder]

T/C dealt with a case like this. The BATFE said that, since some combinations of their uppers and lowers would create an SBR, that possession of a combination of those uppers and lowers constituted constructive intent. However, T/C won the case. As long as there is a legal combination, then you are okay. Don't get caught sticking an SBR upper on an improperly registered lower, however.

Related link:

Stephen P. Halbrook, Ph.D. - United States v. Thompson/Center Arms Co.

I wouldn't want to be caught with a lower and no uppers that I could legally attach to it, but even then I'd think you'd win the case.

 

[SemperFiUSMC]

I know once you get your form 1/4 approved for your SBR lower you can have any number of uppers as long as you can return it to the original configuration (assuming you haven't called to ammend the form). My question is what if I have stripped/complete non NFA lowers without a matching 16.1 or greater upper on it by I have exra SBR uppers laying around?

EX: Let's say I have the following in the safe

5 Regular AR 15's non NFA and all assembled in their various arrangements.

2 Stripped/completed lowers

1 SBR complete gun in it's original barrel length shown on the form 1/4

2 SBR uppers that are used occasionally on the SBR lower.

Am I legal to have the 2 SBR uppers that are not mated to anything while having stripped/complete non SBR lowers in the safe that those NFA uppers could easily be pinned to to make an illegal weapon if it was done, ie constructive intent? Or, am I ok since I have the one SBR lower even though I have stripped/complete lowers sitting there next to it?

ETA: This is my first dive into Form 1 SBR's. I own 3 cans but no SBR's...yet, paperwork sent 6/25.

Iif you own a rifle that the barrel will fit on that is not registered as an NFA SBR, you may not possess more barrels < 16" than you have guns legal to put them on.

You have one registered SBR. That entitles you to one short barrel.

If your 2 stripped lowers were transferred to you as either pistol or receivers, they can be used as pistols with < 16" barrel. If they were transferred as rifles, you may not put a barrel < 16" on it without registering as an SBR.

Pay the $200. It's not worth the 10 years and $250K fine you'll face if you don't.

 

[ryknoll3]

Iif you own a rifle that the barrel will fit on that is not registered as an NFA SBR, you may not possess more barrels < 16" than you have guns legal to put them on.

You have one registered SBR. That entitles you to one short barrel.

If your 2 stripped lowers were transferred to you as either pistol or receivers, they can be used as pistols with < 16" barrel. If they were transferred as rifles, you may not put a barrel < 16" on it without registering as an SBR.

Pay the $200. It's not worth the 10 years and $250K fine you'll face if you don't.

Could you please cite the law on this? If you have a registered SBR, you are allowed to have additional upper receivers for it. It's not a good idea to have additional uppers if you have unassembled rifle uppers lying around, but you are certainly allowed to possess multiple uppers for your SBR's.

 

[alfahornet]

Technically if you get iffy understanding the law you can only have as many uppers as you have legal configurations.

BUT last weekend I went to the range with a couple friends and ATF S/A (out-of-state) and we started talking about a similar issue. His answer was that as long as you got one legally registered SBR lower, the uppers don't count, as you will always be able to configure a legal combination with each upper. Now that was one S/A opinion/answer over lunch I am not advertising it as anything you or I should do.

 

[SemperFiUSMC]

Could you please cite the law on this? If you have a registered SBR, you are allowed to have additional upper receivers for it. It's not a good idea to have additional uppers if you have unassembled rifle uppers lying around, but you are certainly allowed to possess multiple uppers for your SBR's.

I am a class 7 manufacturer of NFA weapons. This is the advise I got from my ATF guy when I asked the same question. He said that as long as I follow it I won't lose my licence, go to jail or pay a fine. Since I don't want to do any of those things I'll follow his advise.

 

[rmcrob]

It suddenly struck me how stupid it is that we need to be aware of all the intricacies of this law. There simply ought to be no law.

 

[E5RANGER375]

It suddenly struck me how stupid it is that we need to be aware of all the intricacies of this law. There simply ought to be no law.

DING DING DING, WINNER WINNER CHICKEN DINNER!!!

 

[Cwood]

So if I own a hacksaw also does that make constructive intent?

 

[tuoder]

So if I own a hacksaw also does that make constructive intent?

No, but a hacksaw and information about cutting down barrels would be, though IANAL.