Pinned muzzle brake and FSB removal?

I am planning to purchase a 14.5" midlength Light weight upper from BCM. I have a local smith who can shave down the the FSB, but what I need to know is if the FSB can be removed with a pinned on flash hider? I know the diameter of the light weight barrel is smaller than the gov’t profile barrel. I am planning on using a Battle comp 1.5 flash hider. Should I wait to have the flash hider pinned until after the FSB is shaved down? Is this legal if I wait to purchase the lower till after the upper is pinned? Thanks for your help.

The easiest way would be to have it shipped to your gunsmith directly and unpinned if he agrees to do it. No need to have to drill out the pin if you don’t have to.

Ok, so the FSB can’t be removed without the removal of the flash hider. That’s good to know. Thanks for the help. Since it would be in an NFA configuration till it’s pinned. I should have it shipped directly to the gunsmith to avoid any potential hassle right?

That’s what I’d do. If you have a rifle lower in your house you could be charged with constructive intent if you have it shipped to yourself.

Shipping would cost the same anyway.

Well I don’t have the lower yet, but it’s better to be safe than sorry. Thanks for your help.

I am a little confused- help me out. What hassle are you referring to? An upper is not a firearm and it’s not an NFA item until you attach it to a lower. Therefore it doesn’t matter what’s pinned on it or the barrel length.

Second. Make sure that any work is done before you pin the flash hider. Once it is done it is going to be a PITA to remove. I personally would not pin a flash hider in place-especially once as expensive as a Battle Comp except in a few limited situations.

You would be better off with a 16" upper.

Also agree with above…it is not an issue until it is attached. If you have a 14.5, shave it yourself and then have it pinned. I just did my first and it easier than I thought as long as you have the propped tools for removing the FSB and recon touring it. Even a caveman could do it!

This was always my understanding, too…

OK, now I’m the one who’s confused.

Are you just playing dumb and implying that “constructive intent” isn’t a potential hassle, or is this a real question?

I wouldn’t want to have to explain how I came to have a less-than-16" barreled upper and a lower in my possession without NFA paperwork…

Well unfortunately I have none of the tools required and no work bench so doing it myself is not an opition.

I was also under the impression that having an NFA upper and a non-NFA lower in the same residence could be construed as constructive intent. Since the ATF is such a wonderfully forgiving organization I would rather err on the side of caution.

I am also not particularly thrilled about a pinned flash hider, but my choices are to go through the hassle of SBR’ing a lower or pinning a flash hider. Pinning the flash hider is the less time/money consuming route. I am also now looking at a VLTOR VC-1 instead of the Battle Comp.

Thank you to everyone for your assistance with my questions.

Constructive intent is bullshit, unless you can show otherwise. Also, I believe the OP stated he didn’t have a lower yet.

You stated that you didn’t have a lower yet, correct?

Are you going to call the BATFE and rat yourself out? Are you going to do something illegal and draw attention to yourself?

Having road flares, gasoline and other chemicals in your garage could be tantamount to “constructive intent” to making a bomb.

I looked it up, quickly, and I think that you’re absolutely correct, in legal terms.

“Constructive intent” doesn’t appear in the NFA handbook, and it’s a myth…

I can’t answer for the OP, but my answers are: No, No, No, and Possibly.

I don’t plan to call the BATFE, rat myself out, or do anything illegal.

On the other hand, there’s all kinds of ways to draw unwanted attention from the authorities regarding one’s guns.
I have a CCW, I’m sometimes underway with a gun (or several), I keep guns in my house, etc. etc. etc.

I can easily imagine that if I drew my concealed pistol or used a gun to defend my home (even if no shots were fired), then the local DA would have my house searched—yes, I have high capacity magazines; no, they’re not illegal for me to own.

I can also imagine that if somebody broke into my car and/or house and stole a gun (or several), then I’d be filing a police report, and the cops would want details about what was stolen, including barrel length.

So, even though “constructive intent” is bullshit, it’s bullshit that a lot of people believe (including cops and prosecutors).

Maybe I should run the risk of becoming the next 2nd Amendment “test case,” but rather just steer as far clear of trouble as I possibly can…

Once again we are dealing with all kinds of hypothetical “what ifs”.

Who cares if you are driving around with guns. Police cannot search your vehicle without probable cause or consent. if you are legal then you are legal.

I am not suggesting that the OP do anything illegal. What I am saying is that having a short upper is not the same as being in possession of some illegal weapon. He could for example be building a dreaded AR pistol= upper and lower would be completely legal.

He could also keep the upper and lower separated. The BATFE does not have magical powers. They don’t know what’s in my safe or anyones elses’ for that matter. They also don’t drive around randomly searching peoples homes. Generally speaking if the cops/DEA/FBI/BATFE show up at your house, you were doing something.

The home self defense scenario you depicted also makes no sense and I would have a hard time believing that they would search home because you acted in self defense. Especially if you turn over the weapon that was used. So unless you attempt to manipulate evidence or lie about the circumstances this makes no sense.

I don’t leave weapons unsecured in my car, especially not NFA items unless I am in close proximity. Like I said we can “what if” stuff all day long. What I am talking about are day to day, rational and normal things that go on. In the situation that the OP described I don’t see how his plans are an issue. If anyone is concerned about such issues then all I can say is stay out of the NFA world because having “evil” suppressors and high powered short rifles are scary.

First, it’s easily done without removing the FSB from the barrel. Second, it sounds like 16" barrel would suit you much better. What are you trying to gain by 1.5" shorter barrel?

Agreed. Christ! I’m so tired of people treating a short barreled upper like it’s a surface to air missile. :rolleyes:

Im in the same boat and really confused on what I can do and what my options are.

I want to order a 14.5 middy form BCM also, and I dont want the fixed front sight and I want to put a longer rail of my choice on. I guess you can not order a BCM upper without a rail and low pro gas block, so what are my options? Is the low pro block something I should defiantly do? Should I get the FSB shaved? Someone please clear my confusion. Is this just how BCM offers their uppers? I see pictures on th website showing uppers with longer rails and no fixed front sight etc, some one please clear up my confusion.

Thanks

You can buy an upper by itself for $99 and a stripped 14.5 midlength barrel for $229. The barrel nut for many free float rails will be specific to the rail and is included. So all ud have to do is pick a lo pro gas block of your choice, get it pinned for $40 and you’re close to being in business.

Or… you could just buy one w/ a fsp and shave it yourself, then buy an omega to cover it up.

still tryin to decide