Dude.
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Dude.
A stripped lower is a "firearm" by ATF definitions. For every "non NFA lower in your possession" you want to have a compliant upper.
So if you have:
2 registered SBR lowers.
4 short uppers
3 standard lowers
2 standard uppers
You would want to have in your possession one more standard upper.
Now if you have:
2 registered SBR lowers.
2 short uppers
5 standard lowers
You are probably just fine. But do not plan on the lack of a FCG to save you from constructive possession.
The only good news is that in the 14-15 years since this thread was started, the pistol brace crowd has really thrown a monkey wrench into the way ATF "wishes things were." Lots of short uppers out there in homes that don't have a registered anything.
Edited to add:I am no lawyer and perhaps the rules have evolved. Certainly the situation has changed (at least twice) since this thread was started.
Why would he need a pistol brace lying around? My stripped lower is a pistol until I attach a buttstock to it and the ATF pistol brace/SBR ruling only applies to a pistol with a brace. An AR pistol with a buffer tube is outside their criteria.
Andy
Honestly, Andy, I'm not too sure it's necessary. I'm personally not too concerned about being charged with "constructive intent." But in the context of an over abundance of caution, a pistol brace (given the injunction against the ATF's rule) would remove the last shred of doubt. I was looking at it as that last layer of assurance, I suppose.