SBRs

[blackwater]

So I am in the process of building and regeristing an SBR but I was wondering if and when I register it that if I start out with a 12.5 inch bbl upper can I also have a 9 inch bbl upper and swap them out when I want to or will I need to register them seperately? Any help or info would be appreciated.
Thanks

 

[codygjohnson]

The ATF allows you to change out barrels and calibers as long as you don't make a permanent change. They understand that folks want multiple uppers with one lower and are OK with it. You will have a 12.5" rifle that you occasionally swap out for a 9" upper, no problem.

 

[IXLR8]

1. Is it considered an SBR if the barrel length is greater than 16" with a suppressor? Or, does the device need to pinned to be considered a standard 16" length upper.

2. Is simple possession of a less than 16" upper illegal? Assuming it is not mounted on a lower, and there is not an unmounted lower available.

 

[codygjohnson]

1. Is it considered an SBR if the barrel length is greater than 16" with a suppressor? Or, does the device need to pinned to be considered a standard 16" length upper.

Yes, it would have to be permanently attached. If it can be readily removed, it's not part of the barrel length.

2. Is simple possession of a less than 16" upper illegal? Assuming it is not mounted on a lower, and there is not an unmounted lower available.

No, it's not illegal in that context. The ONLY lower you would be able to buy at that point though would be a pistol lower. If down the road you bought a lower with the intention of SBRing it or any rifle AR, it would be considered constructive possession.

 

[codygjohnson]

By available I'm meaning ownership. If one were to have a lower at home and a SBR upper somewhere else, when the ATF serves a search warrant at both places, you're going to prison.

 

[SC-Texas]

Possession of a upper that has a barrel under 16" and a rifle (unregistered ar) lower with a non sbr upper on it is possession of an unregistered sbr.

You may call the theory constructive possession.

 

[SC-Texas]

By available I'm meaning ownership. If one were to have a lower at home and a SBR upper somewhere else, when the ATF serves a search warrant at both places, you're going to prison.

I think this is a stretch because the two are not easily assembled into an sbr until they are in close proximity.

We could argue intent though.

However intent goes along with ability and the parts are not in close proximity.

 

[Silenced America]

Sean is the lawyer, so I believe what he says. I have talked to Ken Mason (NFA Specialist and former Firearms Tech guy) about this subject extensively. The question often arises about owenership of an AR pistol and an AR rifle...is that constructive possession? I think intent must be proven, but that won't stop them from arresting and charging you. The bigger question is this...when is the last time that law enforcement had you in cuffs and your guns in yard sale formation? People get in trouble with SBRs because they deserve to. They take the gun out of the safe before their Form 1 comes back and go shoot it with a buddy or do other stupid things with it. Or, they never have the intent to register the firearm in the first place.

The ATF allows you to change out barrels and calibers as long as you don't make a permanent change. They understand that folks want multiple uppers with one lower and are OK with it. You will have a 12.5" rifle that you occasionally swap out for a 9" upper, no problem.

I am not sure that I would trust anyone, especially the "word" of the ATF on this. I need to see it in writing. I have seen Form 1's submitted with more than one length upper and caliber for the same registered lower and they have come back approved. Who knows?

 

[wakal]

I have been sending in the Form 1 with the 'default' configuration listed. After that is approved, I send a memorandum with calibers down the left side and barrel lengths across the top (in 1" incriments from silly to stupid), for a really dense matrix of everything I could think of at the time, with every barrel length. My first attempt at "any caliber, any length" was shot down (no pun intended) because it wasn't specific enough. So, I built a matrix from .17 to 50BMG, 7" to 34", in a 6-point font (to stay on one page) and THAT was ok. Go figure.

Anyway, the memorandums come back stamped "approved" and I keep a copy with my approved Form 1s. So far, so good each and every time.


Alex