NFA SBR Question???

**RenoV8** · March 4th, 2012, 03:08 PM

I have a registered colt 6933 sbr. Can I purchase another upper for the registered lower without going thru the NFA process again. Looking to buy a new upper with a monolithic rail.

Thanks in advance for the input.

**C-VENN** · March 4th, 2012, 04:53 PM

Yes, you can just order it like it was a 16+ inch setup. If you change BBL lenght or caliber you are suppose to send a letter to the batf informing them of the change. Most people don't seem to bother with this step.

**cds_arms** · March 4th, 2012, 05:06 PM

You buy or build any type of short upper you want to stick on your NFA lower.

LMT makes great monolithic uppers. MEGA makes some. The VLTOR VIS setups you may like, etc. Look around and see what kind of style you like.

Having the ATF NFA Branch update their registry with the new changes are only needed if the changes are permanent. If you intend to sell the original upper then you need to tell them, however if you are keeping it (or an upper with the same length) then you are fine as-is. You can have 1 SBR'd lower and 100 uppers of various length and you're fine in the eyes of the ATF.

**cgk** · March 12th, 2012, 05:29 PM

Just have at least as many SBR-registered lowers as you have SBR uppers. You don't want to have the pieces to assemble more complete SBRs than you have registered SBR lowers.

**cds_arms** · March 12th, 2012, 10:45 PM

Originally Posted by cgk

Just have at least as many SBR-registered lowers as you have SBR uppers. You don't want to have the pieces to assemble more complete SBRs than you have registered SBR lowers.

This is not accurate. You can have 10 rifle lowers , 1 SBR lower, and 100 <16" uppers and it is OK. The only thing that would be illegal would be when you stick one of the shortie upper on a rifle lower. If you switch them on and off the NFA registered lower or a pistol lower that is fine.

The ATF cannot presecute constructive intent for no reason, and simply having the uppers is not good enough. The only thing that is immediate constructive intent is unregistered machine gun parts.

**GunLawyer001** · March 13th, 2012, 01:08 PM

You do not need to have a dedicated & registered SBR lower for every short upper that you own.

For an AR-15 type rifle, it's possible to park a short upper on a virgin lower. You are legally allowed to make your own pistol from a virgin, never-assembled lower. It doesn't even have to work, it can be missing parts. The important thing is that you spend the $50 or so to have a legal place for the upper to reside when it's not on your registered SBR.

This assumes that you have an SBR and at least one Title I (non-NFA) AR-15. You don't want that shorty upper to be associated with the Title I rifle, that's the point of the pistol lowers. And most AR SBR owners got there after acquiring one or more non-SBR rifles.

For the rare person with an AR SBR and no other AR-15 rifles, you can skip the pistol lowers. As long as there's no obvious unlawful use for the extra shorty uppers, you can have the registered SBR and 100 extra short uppers.

The point of the Thompson Center case was that ATF can't presume that you will choose an unlawful configuration where there are lawful possible uses for the same parts. It's a gray area when you talk about "spares", and I wouldn't want to have 1 SBR, 4 extra shorty uppers, and 4 assembled rifle lowers in the same house. There's only one configuration for all of those parts, and it's unlawful. So spend a little coin, buy a virgin lower for each spare upper, and park the uppers on the pistols.

**sixstrings101** · March 13th, 2012, 03:20 PM

Im slightly confused. I have a complete registered SBR with a 8.5 barrel. I understand that I can put a 16+ inch barrel on it, but can I put a 10.5 upper on that lower by just purchasing it OTC or does that 10.5 upper have to be ATFed as well?

**GunLawyer001** · March 13th, 2012, 03:30 PM

Originally Posted by sixstrings101

Im slightly confused. I have a complete registered SBR with a 8.5 barrel. I understand that I can put a 16+ inch barrel on it, but can I put a 10.5 upper on that lower by just purchasing it OTC or does that 10.5 upper have to be ATFed as well?

The lower is the gun. The combination of the lower and the short upper requires ATF registration. But once registered, it remains the same SBR no matter what short upper you put on it.

ATF likes to be informed of any permanent changes to your registered SBR, but you don't need their prior permission or a new stamp.

**RenoV8** · March 13th, 2012, 09:23 PM

Thanks for the clarity in this matter. I do not want to run a foul of the law, nor do I want to find myself with a setup that is not legal to own.

Kinda new to this area and want to make sure all is good.

Thank you.

**cgk** · March 13th, 2012, 10:13 PM

Originally Posted by csementuh

This is not accurate. You can have 10 rifle lowers , 1 SBR lower, and 100 <16" uppers and it is OK. The only thing that would be illegal would be when you stick one of the shortie upper on a rifle lower. If you switch them on and off the NFA registered lower or a pistol lower that is fine.

The ATF cannot presecute constructive intent for no reason, and simply having the uppers is not good enough. The only thing that is immediate constructive intent is unregistered machine gun parts.

I'm not giving legal advice here :-), but I think the ATF sees this differently:

Q: May a FFL or an individual legally possess the parts to manufacture an SBR or SBS as long as no firearms are actually assembled?
A FFL (Type-7 or Type-10) who pays the Special Occupational Tax (SOT) may possess parts required to assemble NFA firearms. A non-licensee or FFL who has not paid the SOT is required to register any NFA firearm via an ATF Form 1 (5320.1) prior to acquisition of the parts required to assemble such firearm.

FAQ found HERE.

I think that's why it's advisable to have as many lowers, SBR-registered if they have a stock and would make a rifle, or plain if they would make a handgun, as you have SBR uppers.