SBR lower question (Second try)

Moderators: gds, bakerjw, renegade

Post Reply
realtreehunter
Silent But Deadly
Posts: 190
Joined: Wed May 22, 2013 3:01 pm

SBR lower question (Second try)

Post by realtreehunter » Sun Jun 26, 2016 4:08 pm

So after two screwed up posts, one of which disappeared and one of which I figured out how to delete, does anyone know if there is a time limit on building an upper for an SBR? If I register one to match the upper on the pistol that I am currently waiting on a stamp for, do I have to build another upper exactly like that or can I build other setups first? Can one upper be switched from SBR lower to SBR lower to show the registered configuration of each without actually building a separate upper for each registered SBR?

I want one more SBR lower but still unsure of the caliber or setup that I want. I'm leaning toward one setup but if I go that way it looks like it will be a while before I can get it built as the barrels seem to be very expensive, 2x my Core 9.5" Blackout.

Just hoping someone has ran across this at some point an could give me a head start before jumping into the rulebooks.

BulletFlight for Android
rb288
Senior Silent Operator
Posts: 134
Joined: Tue Jan 20, 2015 8:07 pm
Location: Grovertown, Indiana

Re: SBR lower question (Second try)

Post by rb288 » Sun Jun 26, 2016 5:25 pm

Yes, one lower can be used with multiple uppers.
When you register the lower as an SBR, you specify caliber, barrel length, overall length.

Once approved as an SBR, you can swap out any upper you want as long as you can return it to the original configuration (what it was approved as).

So having 1 approved SBR lower and several different uppers is perfectly fine and legal.

User avatar
Sithlord
Silent But Deadly
Posts: 861
Joined: Sun Jan 05, 2014 12:50 pm
Location: Northern Virginia

Re: SBR lower question (Second try)

Post by Sithlord » Sun Jun 26, 2016 5:42 pm

rb288 wrote:Yes, one lower can be used with multiple uppers.
When you register the lower as an SBR, you specify caliber, barrel length, overall length.

Once approved as an SBR, you can swap out any upper you want as long as you can return it to the original configuration (what it was approved as).

So having 1 approved SBR lower and several different uppers is perfectly fine and legal.
Sorry, but this is INCORRECT.

There is no LEGAL requirement to notify the ATF of ANY configuration change. There is nothing in the NFA '34 or GCA '68 which indicates that you must maintain an original configuration of any firearm, rifle, pistol, shotgun, or AOW.

The ATF 'recommends' that you notify them of a configuration change to an NFA item, permanent or otherwise. But there is NO LEGAL REQUIREMENT TO DO SO.

As to the OP....


No, there IS NO TIMELIMIT to build an upper. You can choose to NEVER put an short barrel'ed upper on it. The tax stamp gives you 'approval' (permission) to do so. Furthermore, you can change the configuration at any point in time, INCLUDING putting a longer barrel'ed upper on the firearm. Doing so DOES NOT REMOVE the firearm from the NFA purview (that is, the lower is STILL an NFA item), however, it can temporarily allow the firearm to be used, for example, hunting (in states which prohibit SBRs for hunting, for instance). The only way to remove an NFA item from NFA purview is to notify the ATF in writing.

realtreehunter
Silent But Deadly
Posts: 190
Joined: Wed May 22, 2013 3:01 pm

Re: SBR lower question (Second try)

Post by realtreehunter » Sun Jun 26, 2016 7:22 pm

Sithlord wrote:
As to the OP....


No, there IS NO TIMELIMIT to build an upper. You can choose to NEVER put an short barrel'ed upper on it. The tax stamp gives you 'approval' (permission) to do so. Furthermore, you can change the configuration at any point in time, INCLUDING putting a longer barrel'ed upper on the firearm. Doing so DOES NOT REMOVE the firearm from the NFA purview (that is, the lower is STILL an NFA item), however, it can temporarily allow the firearm to be used, for example, hunting (in states which prohibit SBRs for hunting, for instance). The only way to remove an NFA item from NFA purview is to notify the ATF in writing.

Ok, I like the sound of that, but just so I'm clear, I can put a longer barreled (16+ inches) on it and use it as a non-SBR rifle, as in it is considered a long gun and I can carry it across state lines without permission from the ATF? But if I were to sell it I would still be required to either go through a class 3 or write the ATF a letter saying I want to get rid of the SBR registration and change it back to a long gun/receiver?

User avatar
Sithlord
Silent But Deadly
Posts: 861
Joined: Sun Jan 05, 2014 12:50 pm
Location: Northern Virginia

Re: SBR lower question (Second try)

Post by Sithlord » Sun Jun 26, 2016 7:35 pm

realtreehunter wrote:
Sithlord wrote:
As to the OP....


No, there IS NO TIMELIMIT to build an upper. You can choose to NEVER put an short barrel'ed upper on it. The tax stamp gives you 'approval' (permission) to do so. Furthermore, you can change the configuration at any point in time, INCLUDING putting a longer barrel'ed upper on the firearm. Doing so DOES NOT REMOVE the firearm from the NFA purview (that is, the lower is STILL an NFA item), however, it can temporarily allow the firearm to be used, for example, hunting (in states which prohibit SBRs for hunting, for instance). The only way to remove an NFA item from NFA purview is to notify the ATF in writing.

Ok, I like the sound of that, but just so I'm clear, I can put a longer barreled (16+ inches) on it and use it as a non-SBR rifle, as in it is considered a long gun and I can carry it across state lines without permission from the ATF? But if I were to sell it I would still be required to either go through a class 3 or write the ATF a letter saying I want to get rid of the SBR registration and change it back to a long gun/receiver?
Putting a 16+" barrel on an SBR'd lower does not remove it from the NFA purview. However, the ATF FAQ states that you may put a 16+" barrel on an SBR for the purposes of hunting (for example). I AM NOT A LAYWER, but I interpret this as If you do not have in your immediate possession the parts necessary to readily convert the firearm into an NFA configuration then you do NOT need ATF permissions to cross state lines with it. So, if you LEAVE the short barrel at home, and put a long barrel on, go ahead and hunt, cross state lines, whatever [MY INTERPRETATION - NOT LEGAL COUNCIL].

As far as selling goes....

1) If you sell the upper receiver with short barrel, there is no paperwork [it is NOT a firearm, and YOU are not responsible for possession of a potential NFA item without permission]
2) If you sell the LOWER receiver (with or without the upper), you can:
a) Sell it as an NFA lower, which means (I believe) first a Form 3 (to transfer it to an FFL) and then a Form 4 (to transfer to the new owner). You MAY be able to do just a Form 4 direct to purchaser, but I do not know; best to check with the ATF on that one.
b) Sell it as a GCA lower, which REQUIRES informing the ATF that the lower receiver should be removed from the NFA purview.

realtreehunter
Silent But Deadly
Posts: 190
Joined: Wed May 22, 2013 3:01 pm

Re: SBR lower question (Second try)

Post by realtreehunter » Sun Jun 26, 2016 8:16 pm

Thank you for your time and reply Sir!

Post Reply