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SBR upper swaps

3K views 31 replies 9 participants last post by  ncorry 
#1 ·
I know that my question has probably been answered numerous times, and I've read numerous answers, but I haven't been able to find consensus in those answers. My question is - once I have the tax stamp approval for my lower, and have it engraved with my trust name, can I then pin ANY upper to that lower (be it 7.5" long or 20" long) ??? I realize that people are probably rolling their eyes and rendering obscenities in my direction, but I would really like to have a "yes" or "no" answer to this. Thanks to all for your patience. Gary
 
#4 ·
Yes Gary you sure can.

You can swap out whatever you want on it shortest to longest.

Sent from a final firing position, the crosshairs are on you!
Is it true that you have to send a letter to ATF if you decide to use a different length barrel that is still less than 16"?

If you possess two short barrels, must you also have two registered lowers?

It is my understanding that both of those are true.

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#7 · (Edited)
Because your response is not legal advice, I will go look for confirmation. However, my whole weekend will be better now because I will assume you're right. ****, I need like 6 more SBRs now

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You can swap whatever you want on your registered SBR lower and have in possession whatever length upper you want and caliber for that registered lower.
The ATF does recommend you send in writing if you make a permanent change.

You can even take the short barreled upper off and sell it and sell your complete lower or strip the lower and sell it. You would want to send a letter taking that lower off the register if you sell it.

Sent from a final firing position, the crosshairs are on you!
 
#10 ·
I have 3 AR-15 lowers at my house. Only one of them is registered as an SBR. The other 2 have full-length barrels on them. If I have 3 uppers with short barrels on them, is that not risking getting hit with constructive intent?

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#12 ·
I have 3 AR-15 lowers at my house. Only one of them is registered as an SBR. The other 2 have full-length barrels on them. If I have 3 uppers with short barrels on them, is that not risking getting hit with constructive intent?

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No it's not constructive intent.

Evidence in constructive intent would be, if you had a barrel less than 16" and a rifle lower with no other uppers, or all the parts to assemble an SBR with no other AR's whatsoever and no stamp.

You can even build a lower as a pistol first and convert it to a rifle and back to a pistol as you wish, when you wish.

If a lower has been originally constructed as a rifle it cannot be converted to a pistol or SBR for that matter without a stamp.

Sent from a final firing position, the crosshairs are on you!
 
#21 · (Edited)
As there's no requirement to notify them of any of the changes mentioned. Even if you sell the lower, or sell it with a 16" upper. They won't remove it from the registry even if you send a letter. They'll just add a note to the item. Nobody (buyer or seller) needs to let them know. They've spelled that out very clearly in the past.

You can also travel with the lower, or with a complete non-SBR configuration, and no 5320.20 required...as long as the short lower stays home. Same deal with hunting where SBRs aren't allowed. It's not an SBR without a short upper. Attach a 16"+ upper and hunt away.
 
#22 ·
As there's no requirement to notify them of any of the changes mentioned. Even if you sell the lower, or sell it with a 16" upper. They won't remove it from the registry even if you send a letter. They'll just add a note to the item. Nobody (buyer or seller) needs to let them know. They've spelled that out very clearly in the past.

You can also travel with the lower, or with a complete non-SBR configuration, and no 5320.20 required...as long as the short lower stays home. Same deal with hunting where SBRs aren't allowed. It's not an SBR without a short upper. Attach a 16"+ upper and hunt away.
Correct, the notification is a recommendation not a requirement.

I would notify just for my peace of mind showing I am no longer possessing the registered SBR as a CYA.

I don't see myself doing that, I just see more piling up. [emoji1]

Sent from a final firing position, the crosshairs are on you!
 
#27 ·
I want to thank everyone for their responses, and now I feel much better knowing the options I have with an SBR. I've turned in the required paperwork for two SBR's, and now knowing that I can pin any upper to those two lowers (once I'm in receipt of the tax stamps) I can start planning a few short barreled uppers. When it comes to my "over 16 inch" barreled guns I prefer to dedicate one upper to one lower, but with the extra money required for an SBR (tax stamp + engraving cost) I like the idea of having two lowers, and then as many <16" uppers as I want. Gary
 
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