Armory Sponsor
Posted: 9/9/2008 6:11:49 PM EDT
| If I have a stripped lower in my possession and extra SBR uppers, am I in violation of ATF? |
Depends on how the receiver was shipped from the manufacturer. If it is on the manufacturer's books as a pistol lower, you are safe.  If it's a rifle lower, maybe not. 
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I understand your logic, I dought the BATF would agree, can you "prove" your statement true?? BATF letter? Writen Affidavid from a Examiner? My point is that parts dont mean shit, the receiver is the firearm by law. If you have a firearm and a extra short barrel that woudl fit it, simple lodgic says you have an SBR. |
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Do you have registered SBR's? Remember, should it ultimately come to it, a jury of your peers will have to decide. When it comes to contructive intent, the gov't will try to argue you had all fo the pieces to commit a crime, and even though they cannot prove you actually commited a crime, it is only logical you where going to since you have everything necc. to do it. I think if you already have approved from 1's in the past and are familiar with the process a good (expensive) lawer could win the argument you purpose was to save money and apply for the tax and comply with law like you had on previous occasion. If you don't have the paperwork, have no interactions with the NFA, or, NFA items are not legal in your jurisdiction, I think you would be pretty much screwed.... Procede at your own risk, I am no attorney. If you have the money, I would just send in a F1 for the stripped lower. $200 won't get you past the door of a good attorney for that type of case. Kinda like cheap insurance in my opinion. Dan |
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It is my understanding with a registered sear or a registered receiver (machinegun or SBR) that the owner can have as many barrels of less than 16" that they want, as long as they have at least one barrel of more than 16" for each Title I long gun receiver in their possession. When you purchased the lower, the 4473 will list whether the firearm is a pistol or long gun. If the 4473 states that your lower is a long gun, you must have a barrel of 16" for every long gun receiver you own. Scott |
I would not have a lower parts kit in the same house with those items unless the lower is a pistol which would need to be declared at the time of the AR lower purchase " tell the dealer it's for a pistol build".  Silence is always the best option" You know your Miranda rights", but I guess that's not an option now that you have posted this fact in an open forum.......
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That makes it tough for those that have 1 SBR and 20 stripped lowers. |
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