can i buy a 11.5 upper for my ar and not register it and it still be legal as long as its disassembled from the lower ??
The ATF views having all the parts to assemble an unregistered machinegun the same as having one already assembled. SBRs and MGs are both NFA weapons. I wouldn't test the waters.
There is probably a flash hider or fake suppressor available to bring barrel to legal 16" length but it will have to be pinned and welded on. Of course that defeats the SBR so that only leaves ATF paperwork, a $200 tax stamp and a long wait for their foot dragging. Like the others have posted, don't take chances, the ATF isn't your friend and they have a heavy hand.
I thought that that concept had been overruled or severely limited with the thompson Center case. However, it seems that one aspect of hte test is howeasily the parts can be assembled into a SBR. Not that i would advise you do it.
Are you waiting on paperwork or something? I would still wait, but maybe pay the dealer for the upper and ask them to hold it until you got your paperwork back.
If you have to have it right now and even shoot it while waiting for your BATFE approval/stamp, buy a registered pistol lower and everything will be completely legal. I think a RR complete pistol lower is running about $300. BATFE is running at about a 5-6 month wait time. I'll post up a pick of mine tonight Loading...