short barrel upper

ladder13

Inactive
Hi, is owning a SB upper only, legal? I can get one for a great price, but cannot have an SBR in my State. I plan to move to a free State in a few years and may want to hold onto the upper until then. Will mere possession make me a felon, or would the gun need to be fully assembled first?
I don't plan to run afoul of any laws, that's why I'm asking. Thanks for any info.
 
LukeA said:
A short upper is perfectly legal to own if you don't have a lower readily attachable to it.

Constructive Intent. What a wonderful phrase. Vague, and often quoted. Do a google search on the phrase and you will find all kinds of opinions on this matter.

If you want to buy a complete upper with a barrel less than 16 inches, you can. No law against it.

What if you already OWN an standard AR-15 or carbine? Does the fact that you OWN a complete AR rifle AND a Short barrel UPPER constitute CONSTRUCTIVE INTENT?

It really isn't hard to put a new upper on an existing lower. Push two pins and insert the new upper. Ta-Da....SBR.

I've been told it's better to own an AR-PISTOL LOWER FIRST, then buy the short barrel upper. Then you have a PISTOL, until you decide to Form 1 it and you can always swap out the buffer tube for a stocked style buffer tube and have your SBR.

But that brings up the next question: If you own an AR RIFLE AND an AR PISTOL, is it constructive intent to own a SBR? I mean, how hard is it to pull the uppers and swap them?

I've been looking HIGH and LOW for the answers and can find NO DEFINITIVE ANSWERS.

WHAT CONSTITUTES CONSTRUCTIVE INTENT?

I think in your case, ladder13, where it's ILLEGAL to own a SBR in your state, then you should construct an AR PISTOL. When the move happens to a "free state" all you have to do is file the form 1, and when it gets approved buy a stock of your choice. Then you're done.
 
Another couple questions if I may.
If I decide to sell the upper is it just like selling any other upper or part? Do I need someone's "permission"? Can I sell it INTER state without going thru an FFL? Do I need any paperwork from the buyer?
I like my freedom :D:D
Thanks for the info/help.
 
In general, just having the upper is no problem as long as you do not currently possess anything to put it on.

On the other hand, our military adopted, a few years back, a policy of "don't ask, don't tell."
 
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