Possesion of full SBR before approval

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nolwark76
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Possesion of full SBR before approval

Post by nolwark76 » Fri Jun 24, 2016 1:34 am

I have an AAC 9" upper registered as the upper on my SBR lower. I just bought an AAC MPW 12.5" SBR (sweet, I got one new in box for a great price as they are discontinued!)

My question is once the Form 3 for the new SBR 12.5" rifle clears and it ships to my dealer, can I take the upper home since I've got an SBR lower? Seems to me like this would be OK. Or does the ATF look at fully complete rifles differently than form 1 SBR rifles?

I know I can't put a pistol stock on it as it's registered as a complete rifle but as long as the lower stays with the dealer, I should get the upper. Maybe I'm wrong.

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Re: Possesion of full SBR before approval

Post by AGeozos » Fri Jun 24, 2016 1:44 am

you should be able to have the upper as long as you don't have and unregistered lower without a pistol buffer.

rangertrace
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Re: Possesion of full SBR before approval

Post by rangertrace » Fri Jun 24, 2016 7:55 am

I believe you can "have" as many less than 16" uppers as you want, so long as they are not attached to an unregistered SBR lower.

TMD
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Re: Possesion of full SBR before approval

Post by TMD » Fri Jun 24, 2016 8:07 am

nolwark76 wrote:I have an AAC 9" upper registered as the upper on my SBR lower. I just bought an AAC MPW 12.5" SBR (sweet, I got one new in box for a great price as they are discontinued!)

My question is once the Form 3 for the new SBR 12.5" rifle clears and it ships to my dealer, can I take the upper home since I've got an SBR lower? Seems to me like this would be OK. Or does the ATF look at fully complete rifles differently than form 1 SBR rifles?

I know I can't put a pistol stock on it as it's registered as a complete rifle but as long as the lower stays with the dealer, I should get the upper. Maybe I'm wrong.

If I'm reading this correctly you already have a SBR'd lower. If so you can slap any upper you want on it.

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smustian
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Re: Possesion of full SBR before approval

Post by smustian » Fri Jun 24, 2016 8:19 am

What TMD said. Uppers are not registered, only lowers. Since you have a SBR lower at home, you can put any upper you want on it, short or long.

DutchV
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Re: Possesion of full SBR before approval

Post by DutchV » Fri Jun 24, 2016 9:25 am

You're good, since you already own an SBR'd AR.
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Re: Possesion of full SBR before approval

Post by trabikoenig » Fri Jun 24, 2016 10:00 am

Like everyone else said. Only the way I understand it, to add to this, is that you can do that as long as you can also return to the registered configuration of your SBR lower. So if registered as a 8" 300 blkout SBR you need to be able to return to that configuration. You can have and swap out any type of upper, but if you no longer have your 8" 300 blkout upper then you need to notify the ATF of its new registered configuration.

This is the way I understand it. If I am wrong someone will be sure to let me know... :wink:
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nolwark76
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Re: Possesion of full SBR before approval

Post by nolwark76 » Fri Jun 24, 2016 12:18 pm

So far everyone is replying what I was thinking. My class 3 FFL is a good personal friend. He was under the impression that the ATF looks at a full SBR as a complete thing and is saying separating them is still not OK.

I was even thinking I could have the entire rifle while waiting for approval since I can put the 12.5" upper on my SBR lower just like buying any other she upper as long as I keep the registered upper. Then, since the SBR lower is still a regular lower until it's registered as an SBR lower to me, I could put any 16"+ upper on it. Im not going to push for the lower but I'd really like the upper.

Anyone have any resources or references to help me? I think I will try one more argument for getting the upper once it gets to him because I'm not going to cause an issue with a friend over this.

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Re: Possesion of full SBR before approval

Post by TMD » Fri Jun 24, 2016 12:39 pm

nolwark76 wrote:So far everyone is replying what I was thinking. My class 3 FFL is a good personal friend. He was under the impression that the ATF looks at a full SBR as a complete thing and is saying separating them is still not OK.

I was even thinking I could have the entire rifle while waiting for approval since I can put the 12.5" upper on my SBR lower just like buying any other she upper as long as I keep the registered upper. Then, since the SBR lower is still a regular lower until it's registered as an SBR lower to me, I could put any 16"+ upper on it. Im not going to push for the lower but I'd really like the upper.

Anyone have any resources or references to help me? I think I will try one more argument for getting the upper once it gets to him because I'm not going to cause an issue with a friend over this.
Actually in this case I think your FFL is correct because the rifle you're buying came from the factory as a SBR. He had to get it via form3 transfer so pretty much he has to keep possession of it until your stamp comes back.

nolwark76
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Re: Possesion of full SBR before approval

Post by nolwark76 » Fri Jun 24, 2016 12:56 pm

OK, so since it's transfered as a complete rifle on a form 3 it has to stay complete. Damn. Oh well, I can understand that.

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