SBR Build Question

[Stack]

Hey guys - I need a little clarification / confirmation...

I have been reading around and the more I read , the more I end up corn-fusing myself.

Here is the scenario: I have to stripped AR lowers on their way to me. One of which I would like to SBR. I found a nice deal on a complete SBR upper which I would like to order but still need to get my form 1's in and even now I am not sure I'd like to use these receivers with an SBR. Might order a third.

So: I'd like to order the upper (with no intention of installing it on the lower) - but I know that in reality, that doesn't mean doo-doo.

I guess the bottom line of the question is: would owning the components required to build an SBR before registering the SBR make me a bad guy?

I am sure that the answer is "yes" after reading JayBell's comments in this thread:

"ATF calls this "constructive posession" meaning that you COULD posess another unregistered SBR if the spare upper can drop on the other lower."

http://www.pafoa.org/forum/nfa-class...le-uppers.html

What if I kept the upper at an alternate location? Would that keep me legal? I don't want to pass up this deal but it's looking like I might have to.

Thanks,

[Stack]

Disregard: after re-reading several articles and posts I realize that I need to have my paperwork in order before purchase of the upper even without plans to assemble until paperwork was back.

No problem - saving a few bucks now vs. an accidental felony just doesn't make sense.

Thanks for looking guys.

[GunLawyer001]

Here's what you can do:
You can legally assemble your own pistol, using a virgin lower that has never had a buttstock attached. You CAN NOT turn a rifle into a pistol without an approved Form 1, but you can make a non-NFA pistol from a virgin lower. You can also legally turn any pistol into a rifle.

So, buy a virgin lower. Order your pistol upper. Make a pistol. When your Form 1 comes back approved, take that pistol upper and install it on your registered SBR lower. In fact, if you have a virgin lower that you want to make into an SBR, use that lower for the pistol, then when the Form 1 is approved, have it engraved and add the buttstock, and you're good to go.

The thing to avoid is having just one lower, one buttstock, and one pistol upper, with the only realistic use being assembling them into an unregistered SBR. The Thompson/Center case is relevant.

[Stack]

Ahhhh! Thanks GL! That definitely sounds like a nice option!!

I actually have 2 virgin lowers on the way and another I am thinking about... do I need a pistol specific lower to create a pistol? It sounds like I don't but I remember seeing pistol specific AR lowers somewhere.

This is a good day

[GunLawyer001]

I actually have 2 virgin lowers on the way and another I am thinking about... do I need a pistol specific lower to create a pistol? It sounds like I don't but I remember seeing pistol specific AR lowers somewhere.

There are fans of the "registering a virgin lower as a pistol" option, but it's not legally necessary. You can build your own pistol from a virgin lower without violating either Federal or PA law, assuming that you are not a prohibited person. If you want your FFL to run the PICS as a pistol receiver, that's OK, it's just one more form, and the paperwork may possibly avoid some trouble with a DA who doesn't understand gun law as well as he thinks (which, sadly, is most DA's).

The important point is that the lower receiver was never a rifle, it never had a buttstock attached. If it was, then making an unregistered pistol out of it is making a weapon shorter than 26", which is an unregistered SBR, even without a buttstock. Once you've received an approved Form 1, it's legal. Without the Form 1, it's a felony. If the receiver was never a rifle, then making the pistol doesn't require a Form 1, and it's not a felony.

The end result looks the same, if you have an AR-15 type pistol, but one paper trail puts you in jail, the other doesn't. If Colt or Olympic Arms or whoever says that the receiver of your Title I pistol left the factory as a rifle, you're got trouble.

So yeah, buy the upper, park it on a pistol until you get the approved Form 1, then go to town. An OA-93 upper doesn't require any special parts at the rear of the lower (since the recoil assembly is integral to the upper), but other pistol uppers usually need a specialized short butt cap/recoil tube that won't accept a shoulder stock. My SBR is an OA-93 upper on a Colt virgin lower, with a sidefolding skeletonized stock.

[Stack]

Excellent info - thank you sir!

[sluggie24]

Or you could order the SBR upper and just have it delivered to and kept at a friend's or relatives house till you get your form 1 approved. Thats what I did with my MP5 clones. Just kept the stocks at my parent's house. That way there is no constructive intent.

[Stack]

Yeah , I was thinking about that but most of my friends / relatives are in NJ (yikes!) and the only people I have in PA that I trust all own ARs ...

I switched one of the lowers I have on order to a "pistol" lower so I should be good to go.

[netw0rkpenguin]

You forgot to link to the deal to Oa-93 upper!

I have a few AR rifles and a carbon 15 pistol.

I own a bunch of rifle uppers(50 beowulf, 22lr) and want to pick up a 9mm upper for the pistol, and probably another one for the rifles.

Since you switched the order you should be good to go. Just tripple check the serial # make sure you are putting the correct upper on the correct lower while they're stripped and stick it in the safe until your form 1 is done or build it up as a pistol and start playing with it, then when form 1 comes back swap the tube for but stock.

[Stack]

The OA-93 wasn't me .. that was GL talking about his setup

The pistol lower has "REGISTERED PISTOL" laser engraved on the side - no mix'en them up!!

I'll have the shorty barrel parked on the pistol while my form 1's clear and I can send the other lower out for engraving while I wait. Funnn!!!