I think that you are asking if you regester your bushy as an SBR can you have two uppers and go back and forth between the two on your regestered lower? Yep.
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Hello, new user here with my first Form 1 approval received yesterday (approved Feb 3rd). This is for an SBR based on an LMT Defender lower.
I am adding this information not to stir the pot but to increase the knowledge base. In my box 4h, I put only "HBS-RLT", which is the abbreviation for my trust. I based this on research prior to submitting my form. While the form was in process, I also had the lower engraved as such. My Form 1 was approved with the abbreviated trust in 4h. It would seem then, to depend on one's examiner and their interpretation.
Several years ago, I sought out a very good 2nd Amendment attorney for NFA information.
The question initially raised here was addressed and information confirmed by NFA Branch.
Bottom line...your approved Form 4 specifies a caliber and barrel length. For example, if your Form 4 stipulates 5.56 and 10.5" barrel, you can own as many similarly designated uppers as you desire. However, if caliber or length (> 1/4" interpreted) of any other NFA upper is different than stated on the approved Form 4, you need to submit a letter to NFA Branch requesting an "additional configuration" to your registered lower (Form 4).
During the Bush years, letters from NFA Branch stipulating additional configurations took approximately 12 months to receive from time the requested was submitted.
I just went with 7.5. Have had 3 other uppers on it ranging from 7.5 - 14. Never had a problem but I haven't caused any problems either. Don't be stupid and life gets a lot easier. ;)
-Goober
I've never read any account that mentioned that length of time. :confused:
The thing is.. if people continue to send these courtesy letters to ATF, It'll evolve into a mandatory thing. I've read of a few guys just getting a little thank you note from ATF when they send these letters in. But no one has ever mentioned a 12 month wait for acknowledgement of receipt.
To me it's dumb either way.... Just register another friggin lower. I don't switch uppers around on any of my guns.. NFA or not.
A letter of "additional configurations" to an approved Form 4 are not "courtesy" letters. They are legal amendments to your approved Form 4. Further, there are no charges/fees associated with adding a configuration to your approved Form 4.
I know of no individual who received a letter from NFA Branch, adding a different configuration to an approved Form 4, in less than 12 months during the Bush Administration.
Rather, than taking my 2 cents or from any one else, I would suggest seeking a sound legal opinion regarding the question originally posed. Two very knowledgeable attorneys in this area of law are Stephen Halbrook, Esq (http://stephenhalbrook.com/) and Eric Rogers, Esq. (http://www.slk-law.com/home/default.aspx).
Applying ignorance or "sea lawyer advice" to this particular area of the law can have some very serious consequences.
Of course, the easy out is as stated above by MarkM, simply submit a new Form 4 and register another lower for your new/additional NFA upper. You are out an additional $200, but, the time saved could be priceless in today's political environment.
Maybe. I can remember reading several accounts of guys who sent a letter to ATF adding calibers or barrel lengths. All they said was they got a thank you note from ATF. I can't remember anyone saying it took a year though. :confused:
The $200 to register an additional lower is a little bit of money, but worth it in the long haul. Shit! I don't even shoot my SBRs in their exsiting configs... let alone having additional uppers/calibers for them. :cool: