Hi all. If this has been covered, or is better put into another thread, let me know, and I will do that…
Constructive Ownership of an SBR can occur, when one is in possession of both a short barrel, and the other components to make the short barrel operational, like an upper and lower. From my (general) understanding, the more the parts can be assembled, the more likely one can be considered to be in constructive ownership, and subject to the NFA.
I don’t want to debate the above. Everyone will have a slightly different opinion on how to interpret this, but in one form or another, we should be able to agree that constructive ownership (legally) can occur.
So, here is my real question: If one has several duly registered and taxed NFA SBR lowers, and also has a larger number of short barrels or even complete uppers, is there an issue ? I think not, but leave the question for more learned members.
My take, no not an issue. Its legal to have other SBR uppers, as long as you are in possession of the original configuration thats on your Form 1/4…Only way might be to have other complete lowers sitting round with nothing on them, but even then you would have to do something to bring it to the attention of ATF…Has anyone ever been prosecuted for this?
Seriously, though, so long as each upper has a legal configuration and you retain the original configuration for each registered lower, I don’t see a problem.
But, the simple reality of the situation is that you can mind game this all day long, but if ATF or some other LEO wants to bend you over, they’ll go right ahead and do that. Then shoot your dog for good measure.
There’s zero legal requirement to be able to return the firearm to the original F1/F4 specs. That’s not the OP’s question, but it’s been mentioned twice already, so I figured I’d toss it out there.
Then you’re not reading the correct “everythings”.
There’s a lot of misinformation out there by gun shops, lawyers, forum members, etc. The ATF says they recommend you notify them of any permanent change. They can’t require you to do so because there’s no statute/regulation to back it up. Not only that, but with the AR platform it’s fairly difficult to make a change that’s permanent. Uppers/barrels are plentiful in a variety of calibers and lengths.
I’m not saying that you’re wrong, and my understanding may indeed be the product of misinformation. But, my lawyer and class III both see it that way and have advised me as such, so for my own peace of mind that’s what I’ve done. I will however ask what they’re referencing…
If you ask any of the examiners about the people that send letters to notify them of length/caliber changes, you’ll find almost every one of them wishes they would stop. Sometimes you get a reply quickly, sometimes it’s a year or two, and sometimes you never hear anything.
A Form 1 is to make a firearm. That’s a one time act. That firearm has to be a single caliber with a specific barrel/overall length…which is one reason that multi isn’t acceptable for caliber. Once that firearm is “made”, how it’s configured makes zero difference.
And I can agree it’s better to be safe than sorry. Just don’t perpetuate an internet/LGS myth because of an opinion instead of fact.
This is one area where the ATF appears to lean heavily towards giving us the benefit of the doubt. I read the language of their statement, and it claims constructive intent is where “there is no possible legal purpose” for the combination of parts, rather than if the parts “can be assembled into an illegal firearm.”
I have a 14.5" pinned/welded rifle next to an 8.5" pistol in my safe right now, I haven’t filed a form 1 yet. Assembling an illegal SBR would be as easy as pushing a couple of pins, but I’m not in violation. I think a guy would only be in violation if they had rifle lowers with short uppers, and no SBR or pistol lowers.
If you’re losing sleep over it, pick up a pistol buffer tube for $20, they are handy to have for traveling anyway.
Especially with the proliferation of AR15s, and <16” uppers is there a single charge that you can find in the history of the NFA where someone got slammed for having an SBR barrel and no registered receiver without the two being assembled?
“Oh but I don’t want to be the test case” say most people - Do they live with the Branch Davidians?
If I have a Rem 700 am I allowed to own a 15” tube of 4140 steel? All it needs is threading and a bore. What if I own a Russian made trigger for my post-ban AK, but a US made trigger is in it? Is that constructive possession of a 922(r) banned weapon? Where does it end?
Everyone wanna talk about “shall not be infringed” and “come and take it” and “molon labe” but then turn around and can’t even grow enough of a sack to keep a spare <16” upper. Meanwhile BLM and Antifa are out burning down businesses and slamming conservatives in the face with bike locks.
While Renegade is correct in that the letter of the law states multiple uppers for a registered lower is illegal, constructive intent is a red herring. It only matters and is only chargeable if atf raids your house and that would only happen if you were being looked at for something pretty bad. It’s not like they come visit you occasionally like they do us dealers.
The real danger for you is getting “carded” for your stamp and not having the matching length upper on that lower. Technically, you are supposed to notify atf in writing if you change the barrel length of a registered SBR. I know there is probably something you can do for multiple lengths but I’ve not asked them about it.
The sticky point is how many SBR uppers do you have for how many registered lowers vs how many unregistered lowers you have.
Where are you seeing that because we’ve had to inform them in writing at their insistence of a change in the length. No harm no foul in this case but I couldn’t find anything to the contrary.
