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.