Armory Sponsor
Posted: 11/29/2006 12:22:22 AM EDT
|
If I put on a Form 1 that my SBR will be 7" in length so I can put a can on it at some point in time and when I don't want the can on, would I be able to put say an 11" barrel upper on it? Or, does it have to stay 7"? Thanks |
|
On your Form 1, annotate the shortest barrel length you intend on using (in your case - 7"). After your Form 1 has been approved, send the BATFE a letter stating that there will be instances in the future where you will be swapping out uppers w/ varying lengths. Link to example of letter Hope this helps. |
It all boils down to intent (to manufacture an SBR). Scenario: Individual has multiple "non-SBR" type ARs...and...individual has multiple short barreled uppers...hmmmmm. Who's to say that said individual would or wouldn't put one of those short barreled uppers on a non-registered SBR lower? So, to answer your question --> The BATFE probably wouldn't be too thrilled. As a matter of fact, It would be wise not to have any shorty uppers in the same vicinity of non-registered SBR lowers (unless of course, one of those lowers is a registered SBR). Now, back to the hypothetical scenario stated previously...that same individual can put a short barreled upper on a "pistol" type lower, but once a stock is installed then it is considered an SBR, which is illegal if that particular lower is not registered...whew! Someone with more knowledge please correct me if I'm wrong. |
BATF recommends that you not possess an SBR, multiple short uppers and non-SBR AR15s at the same time. By avoiding that situation, you eliminate even the most remote chance of prosecution for "constuctive possession" of an unregistered SBR. However, there are legal grounds for owning such a combination in compliance with federal law. In U.S. vs. Thompson/Center Arms Co., the U.S. Supreme Court ruled that the statuatory definition of an SBR was vague, and that as long as you possessed sufficient components to assemble a legal Title 1 firearm, you could not be presumed to have an intent to assemble them in an illegal (NFA) configuration. Note that this ruling is based on the definition of an SBR, and thus does not apply to other NFA items. The legal consensus on the ruling's impact is that as long as you have enough 16"+ uppers to install one on each of your non-SBR'd lowers, you can own as many NFA-length uppers for your SBR as you want. My prudent, careful layman's advice is to take it one step further: If you own an SBR, multiple short uppers and non-SBR AR15s at the same time, always keep and store the non-SBR AR15s as complete firearms with 16"+ uppers installed. The truly paranoid go one step further, and for storage purposes install a small cable lock through the magwell and ejection port of the non-SBR AR15s, so that it is physically impossible for anyone to "accidentally" remove the 16"+ upper and install an NFA-length upper. Remember, if you own the above and decide to buy an extra non-SBR lower for future use, you need to have a 16"+ upper for it in the meantime. Otherwise, you are back to owning a combination of parts which can only be assembled into an NFA item, and that is illegal. Again, I am not an attorney. It's up to each of us to become familiar with the law, and find an application/solution that we're comfortable with. HTH. 
|
Armory Sponsor