SBR lower - reassembled with 16" upper - rules?

[DDadams]

So while looking on arfcom at threads about the new brace stuff I found a thread about something I assumed wrong, I guess?

If I were to register a lower as a form 1 SBR - but then put a 16" upper on it instead - according to multiple people over there it is no longer considered an SBR when in that configuration and is free to cross state lines without notification / approval from ATF?

Is this really the case?

If this is true this will save me a LOT of money because I was really wanting to re-do my ultralight build as an SBR but wouldn't want to use the 16" upper on a different lower - likely wouldn't get nearly what I put into it back if I sold it either.

So if I can just pay the $200, stamp it, then build the SBR upper for it and swap freely and still cross state lines with it in 16" configuration I'm going to be one happy camper and my Mrs will not strangle me to death for making another ridiculously expensive AR (entirely, at least) - because the lower would be identical to what I already built


I just figured once it had the engraving and stamp it was an NFA item - period.

 

[nucular]

I believe that is false. It is an NFA item until you officially put in a request to the AFT to have it removed.

 

[Aszerigan]

Your last sentence is correct. Once a lower receiver is registered as an SBR,it is a short barreled rifle in the eyes of the law. You can put any longer upper receiver on it you wish, but that doesn't change the classification of the lower receiver. It's still a registered SBR, no matter the upper you put on it.

IANAL, but crossing state lines with a registered NFA item without approval is asking for trouble. You could remove it from the registry for interstate travel with a proper-length upper receiver on it, but you'd need to re-register it and pay another $200 when you got home.

 

[DDadams]

Not sure if I can link arfcom but there's some info from the ATF that apparently contradicts this. Which amazes me still that this was ever the case - if it still is.

Apparently when not in SBR configuration it isn't a SBR - even if registered.

It's Not An SBR If Not In SBR Configuration, Right? - AR15.COM

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www.ar15.com

 

[BR8818]

If you put a 16" barreled upper on it, it is no longer a sbr. You can cross state lines with it without filing a 5320.20 as long as you don't possess the sbr upper.