SBR question

[Madball6]

I was thinking of taking a AR pistol upper in trade for a scope, not because I have any interest in a pistol AR, just because the deal would be in my favor financially. I don't own any AR pistol lowers, but own several rifle lowers. Is it legal to own the upper without a pistol lower without a tax stamp? Technically, it would take me about 10 seconds to slap a rifle lower on it and have a SBR. Not that i'm going to but I'm not sure of the legal status here. From how I read the NFA law I should be ok as long as I don't assemble it correct? I'll eventually sell or trade the pistol upper, just wanted to be clear on it legal-wise.

-Madball

 

[Sharkbite]

From a purely legal aspect...No

If you have a upper with a barrel under 16" and DONT have a legal lower to put it on (pistol or stamped SBR) then you run afoul of "constructive possession"

The logic is that since you dont have a legal configuration for that upper to be used on, then you must be planning on making an illegal weapon.

Now, getting caught, and convicted are different matters entirely.

The best idea is dont have a shorty upper if you dont have a lower that can legally be used with it.

 

[Theohazard]

From how I read the NFA law I should be ok as long as I don't assemble it correct?

It depends. ATF ruling 2011-4 says it's legal to own those parts as long as they're not in "close proximity" or you have a "useful purpose" for owning them.

https://www.atf.gov/files/regulations-rulings/rulings/atf-rulings/atf-ruling-2011-4.pdf

So if you have a "useful purpose" (like you own a pistol-configured lower that would go with the short upper) that ruling says you're fine. And if you don't have a pistol lower, that ruling says you're fine as long as the upper and lower aren't in "close proximity" to each other. But obviously the exact meaning of that term is open to interpretation, so a lot of people play it safe.

 

[Mobuck]

"Theoretically" you only need to purchase an unspecified lower and screw a "pistol" buffer tube on it (maybe not even that much)to meet the legal issue. Just my opinion.

 

[dogtown tom]

Madball6 ..... I don't own any AR pistol lowers, but own several rifle lowers....

All firearm frames and receivers, like an AR lower, are simply a firearm. It is not a "rifle lower" or "pistol lower" until it is built into a rifle (shoulder stock and a bbl of 16" or more, or built into a handgun.

When the dealer transferred the lower to you it should have been recorded as "Other Firearm" on the 4473. If he transferred them to you as "Long Gun" he didn't read the instructions.

If the "rifle lowers" you refer to are actually completed rifles, you need to have one legal configuration for that short barreled upper.