Warning

 

Close
Confirm Action

Are you sure you wish to do this?

Cancel Confirm
AR15.COM
Armory Sponsor
6/20/2017 10:22:52 AM EDT
So...I've been given 3 different answers by 3 different folks at the ATF...Wondering if anyone has some CYA advice.

I DID search - Got my other questions answered but, this one sticks out.

Up to this point, I've been using agency weapons to instruct on, wanted to get out of that trend and get my own "thing" going...Will return to that if there's a foreseeable issue.

I have 2 registered 5.56 10.5" SBR's.

I also have 2 300BLK uppers and a 9mm with insert.

One agent told me that I could not go BELOW the registered length in any caliber but, I could swap as much as my heart desires.
The other told me I could do whatever I wanted AS LONG AS I could return the weapon to it's ORIGINAL CONFIGURATION AS REGISTERED, on location.
The final agent told me I had to leave it as it was.

Now...Here's the question.

I really want to go 7.5" for 9mm, really want to go shorter with a piston on one of the 5.56s, probably 8"...

Anyway, what's the go/no go...Local Class 3 said the last guy was full of shit and truthfully, I don't mind carrying the "original configurations around" but, do I need to?
6/20/2017 11:12:49 AM EDT
[#1]
Quoted:
So...I've been given 3 different answers by 3 different folks at the ATF...Wondering if anyone has some CYA advice.

I DID search - Got my other questions answered but, this one sticks out.

Up to this point, I've been using agency weapons to instruct on, wanted to get out of that trend and get my own "thing" going...Will return to that if there's a foreseeable issue.

I have 2 registered 5.56 10.5" SBR's.

I also have 2 300BLK uppers and a 9mm with insert.

One agent told me that I could not go BELOW the registered length in any caliber but, I could swap as much as my heart desires.
The other told me I could do whatever I wanted AS LONG AS I could return the weapon to it's ORIGINAL CONFIGURATION AS REGISTERED, on location.
The final agent told me I had to leave it as it was.

Now...Here's the question.

I really want to go 7.5" for 9mm, really want to go shorter with a piston on one of the 5.56s, probably 8"...

Anyway, what's the go/no go...Local Class 3 said the last guy was full of shit and truthfully, I don't mind carrying the "original configurations around" but, do I need to?
View Quote

You don't need to lug the original config around. ATF asks, but cannot require you by law, to report if you "permanently" change the configuration of the SBR to some other SBR configuration. But what change is really "permanent" on an AR, when uppers swap on and off so easily?

You can reconfigure to your heart's content - though that doesn't mean if you someday have a run-in with an asshole cop or asshole agent they won't hassle you over your temporary (or permanent) changes, but you won't have committed any infractions of rules or broken any laws.

ETA spelling - damn autocorrect
6/20/2017 11:23:16 AM EDT
[#2]
That is also my understanding -- as long as it is possible for you to return the SBR to its registered configuration, the change is not permanent. I've always seen it "recommended" to notify the ATF of permanent changes, but never seen the code or regulation that makes it mandatory. (not like that ever stops them though...)

Prince Law seems to concur. (LINK)
Just remember that they are lawyers, but not /your/ lawyers. 
6/20/2017 11:48:59 AM EDT
[#3]
Because of the nature of the AR design and it's ease of swapping uppers, ATF has basically said that changing uppers is just a temporary change, not permanent, and can be done at will, to any length and caliber, without notifying the ATF.


6/20/2017 3:12:48 PM EDT
[#4]
Quoted:

One agent told me that I could not go BELOW the registered length in any caliber but, I could swap as much as my heart desires.
The other told me I could do whatever I wanted AS LONG AS I could return the weapon to it's ORIGINAL CONFIGURATION AS REGISTERED, on location. The final agent told me I had to leave it as it was.
View Quote
All three are wrong, Surprise, surprise.

Quoted:

Now...Here's the question.

I really want to go 7.5" for 9mm, really want to go shorter with a piston on one of the 5.56s, probably 8"...

Anyway, what's the go/no go...Local Class 3 said the last guy was full of shit and truthfully, I don't mind carrying the "original configurations around" but, do I need to?
View Quote


Nope.
6/20/2017 7:55:09 PM EDT
[#5]
An SBR is an SBR is an SBR.
6/21/2017 4:59:55 AM EDT
[#6]
Quote History
Quoted:
An SBR is an SBR is an SBR.
View Quote
Yeah, this.  ATF, like the honey badger, don't give a shit.

As long as you put a reasonable value down for what you intend, it falls within the specs of an SBR, and have all your ducks in a row re: model, serial number, all that shit and it gets approved you're in like flynn.
6/21/2017 1:32:07 PM EDT
[#7]
Quote History
Quoted:
An SBR is an SBR is an SBR.
View Quote
... unless you get the bright idea that you want to put a 12" /.410 upper on your SBR... In which case it becomes an unregistered SBS. :-/

BUT, that's for another chapter of "How the Law is Weird"...
6/21/2017 5:40:06 PM EDT
[#8]
Quote History
Quoted:
... unless you get the bright idea that you want to put a 12" /.410 upper on your SBR... In which case it becomes an unregistered SBS. :-/

BUT, that's for another chapter of "How the Law is Weird"...
View Quote
I believe it would still be an SBR, because the ATF definition of a rifle includes a firearm "made from a rifle".
6/21/2017 7:43:51 PM EDT
[#9]
Quote History
Quoted:
I believe it would still be an SBR, because the ATF definition of a rifle includes a firearm "made from a rifle".
View Quote View All Quotes
View All Quotes
Quote History
Quoted:
Quoted:
... unless you get the bright idea that you want to put a 12" /.410 upper on your SBR... In which case it becomes an unregistered SBS. :-/

BUT, that's for another chapter of "How the Law is Weird"...
I believe it would still be an SBR, because the ATF definition of a rifle includes a firearm "made from a rifle".
I was told the same thing when I wanted to put a short 12ga barrel on my tc sbr. You are making a new gun which is a SBS.

So stupid.
6/22/2017 8:30:21 AM EDT
[#10]
Thanks guys.

That helps a lot!

Yeah, I figured all 3 were full of shit but, I didn't want to push that button unless I had to.
6/26/2017 10:41:45 PM EDT
[#11]
Quoted:


One agent told me that I could not go BELOW the registered length in any caliber but, I could swap as much as my heart desires.
The other told me I could do whatever I wanted AS LONG AS I could return the weapon to it's ORIGINAL CONFIGURATION AS REGISTERED, on location.
The final agent told me I had to leave it as it was.
View Quote

Three different federal agents, tasked with enforcing federal firearms laws giving three different answers to the same question, none of which are correct when compared to federal statute or their own agency's policy. 

Jesus. 
6/26/2017 11:35:16 PM EDT
[#12]
You're not actually surprised, are you?
6/26/2017 11:39:25 PM EDT
[#13]
Quote History
Quoted:
... unless you get the bright idea that you want to put a 12" .410 / .45 Colt upper with shallow rifling on your SBR... 

BUT, that's for another chapter of "How the Law is Weird to Win"
View Quote
 FIFY
6/27/2017 12:58:26 AM EDT
[#14]
Quote History
Quoted:
You're not actually surprised, are you?
View Quote
No. I am not surprised.
Armory Sponsor