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Discussion Starter · #1 ·
I submitted my Form 1 for an SBR a while back and am patiently waiting.

My question is, can I commence collecting parts while I wait? I understand I can't commence any assembly, but as I see things on sale I would like to start the collection process so that when the stamp finally arrives I can begin the assembly process. My question really focuses on the barrel/upper, as everything else could be used on a non-NFA item.

Thanks for your views.
 

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Yes you can start buying parts and getting things put together. You just "can't" attach the upper to the lower without the stamp. I keep a sig brace around for this purpose. It allows me to shoot the gun while I wait on the stamp
 

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most people build as a pistol until the stamp is approved, then just change the receiver extension/buttstock and your good to go
 

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As with anything, you will hear two sides on the internet. Personally, I don't own parts for it unless I have the stamp back. Some will say owning the parts constitutes "intent", which is something ATF could come after you for. Others will say just don't construct and intent isn't there. Personally, I wouldn't want to risk the legal battle proving I don't have intent if someone ever did knock on my door. Do thousands get the parts before stamps? Yes. Do thousands wait for parts before the stamp? Yes. Your call of what you feel comfortable with. I don't know any personal stories of arrests for intent, but I'm sure if you dig deep enough you could find something. I'm not a legal expert, but for me, I know I don't want to deal with that hassle or question. Youll probably be fine either way.
 

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Well, what makes an SBR different from a non-SBR? I think what defines an SBR is the barrel being less than 16". So as long as you don't have any of those laying around, there can be no intent because you couldn't if you wanted to. As has been said, if you can't wait for the barrel, make sure you get a pistol receiver extension at the same time. Then no worries.
 

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Having a short barrel or short barreled upper in your possession with only rifle lowers will constitute intent. Here's a guide:



Sent from a final firing position, the crosshairs are on you!
 

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Having a short barrel or short barreled upper in your possession with only rifle lowers will constitute intent. Here's a guide:



Sent from a final firing position, the crosshairs are on you!
OMG I'm going to Leavenworth.
 

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Having a short barrel or short barreled upper in your possession with only rifle lowers will constitute intent. Here's a guide:



Sent from a final firing position, the crosshairs are on you!
OP look at #8 on the list--- shows a never built lower and short barrel--- therefore according to this list it is OK to collect parts for an SBR as long as the lower has never been assembled (or it is a pistol lower)

If the OP has a pistol lower then all is OK, otherwise look at #8&9-- but #2 contradicts 8 somewhat
 

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look at #8 on your list--- shows a never built lower and short barrel--- therefore according to your list it is OK to collect parts for an SBR as long as the lower has never been assembled (or it is a pistol lower)
That is 100% correct. A never built lower is basically a pistol. They are listed as other when sold on the 4473. You must be 21 to buy a stripped lower because of the 21 year old requirement to buy a pistol.

Sent from a final firing position, the crosshairs are on you!
 

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Discussion Starter · #11 ·
Crap. PSA has the upper I want on sale right now, but I have rifles and stripped lowers and so forth and so on. Sounds like I'd be crossing the line if I ordered one up. What if I had it shipped to a different address that had none of above on site?
 

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Look at 3,4 and 5. All that about registered lowers. There is no such thing as a registered lower unless you are referring to one that is registered with NFA as SBR or something. Registered pistol lower? On what planet. A lower is transferred as "other" unless it is built into a complete rifle or pistol. Even a lower with a pistol buffer assy is still transferred as "other". Who are they talking about registering with? Did you get this of Arfcom?
 

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Crap. PSA has the upper I want on sale right now, but I have rifles and stripped lowers and so forth and so on. Sounds like I'd be crossing the line if I ordered one up. What if I had it shipped to a different address that had none of above on site?
If you are concerned, just slap a pistol receiver extension on one of those stripped lowers and you are covered.
 

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Look at 3,4 and 5. All that about registered lowers. There is no such thing as a registered lower unless you are referring to one that is registered with NFA as SBR or something. Registered pistol lower? On what planet. A lower is transferred as "other" unless it is built into a complete rifle or pistol. Even a lower with a pistol buffer assy is still transferred as "other". Who are they talking about registering with? Did you get this of Arfcom?
That's what they are talking about, don't you see the tax stamp on the pic

Sent from a final firing position, the crosshairs are on you!
 

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That is 100% correct. A never built lower is basically a pistol. They are listed as other when sold on the 4473. You must be 21 to buy a stripped lower because of the 21 year old requirement to buy a pistol.

Sent from a final firing position, the crosshairs are on you!
That is not exactly correct. An 18 year old can buy a long gun. You must be 21 to buy anything else including "other". Same deal with selling to someone from another state. If you came here from Mo I could sell you a long gun including an AR but I could not sell you a pistol or a stripped lower or even a complete lower because even a complete lower in rifle form is considered as "other".
 

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Crap. PSA has the upper I want on sale right now, but I have rifles and stripped lowers and so forth and so on. Sounds like I'd be crossing the line if I ordered one up. What if I had it shipped to a different address that had none of above on site?
order you parts, collect them all up, await approval or build a pistol. i did, no problem. the atf is far too busy right now to be observing each and every transaction, our agent here told us they are 10 years behind in large, really large, suppliers and vendors
 

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That is 100% correct. A never built lower is basically a pistol. They are listed as other when sold on the 4473. You must be 21 to buy a stripped lower because of the 21 year old requirement to buy a pistol.

Sent from a final firing position, the crosshairs are on you!
yup--- but 8&2 kind of contradict each other ---assuming you are a "hobby builder" things are added and subtracted on a normal basis---I think #2 only applies if you have a single pistol lower in your possession and no rifle lowers--- if you have both pistol and rifles around, who says I cant change parts on them? as normal---ATF has the final say and as normal their descriptions are in the "gray" area even when they draw pictures with colored crayons :a21:
 

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That is not exactly correct. An 18 year old can buy a long gun. You must be 21 to buy anything else including "other". Same deal with selling to someone from another state. If you came here from Mo I could sell you a long gun including an AR but I could not sell you a pistol or a stripped lower or even a complete lower because even a complete lower in rifle form is considered as "other".
I don't know what a long gun has to do with this at all. A stripped lower can not be sold to anyone unless they are 21, and that's what I said, it's as if it's treated like a pistol. My statement is 100% correct.

Sent from a final firing position, the crosshairs are on you!
 

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Crap. PSA has the upper I want on sale right now, but I have rifles and stripped lowers and so forth and so on. Sounds like I'd be crossing the line if I ordered one up. What if I had it shipped to a different address that had none of above on site?
Bug--- if you have a "never been built" :a26: stripped lower, then you are fine collecting parts just don't assemble the lower until the stamp comes in
 

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Bug--- if you have a "never been built" :a26: stripped lower, then you are fine collecting parts just don't assemble the lower until the stamp comes in
Exactly, that's the same as having a pistol

Sent from a final firing position, the crosshairs are on you!
 
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