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Old July 25, 2013, 12:38 PM   #1
Rikakiah
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Join Date: June 29, 2013
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Registering an SBR lower question...

I'm looking at getting a Daniels Defense v7 in 5.56. This will be my first centerfire AR platform.

My goal is to ultimately get an upper down the road with a shortened barrel in .300BLK (I'll be saving my brass from my 5.56 shooting to facilitate reloads for the .300 down the road).

However, since the SBR tax is registered to the lower, which I'll already have in possession by the time I get my .300 dream, how would the process work? Is it simply not possible, or do I just need to file the lower's SN on the form 4 and not be able to take delivery of the upper until it's approved?

Thanks.
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Old July 25, 2013, 02:01 PM   #2
GarrettJ
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You can legally change calibers on a registered SBR. If it is a permanent change, ATF requests you notify them. However, there is no law compelling you do to so.

Since uppers are so easy to change out on an AR15, that would hardly constitute "permanent" anyway.
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Old July 25, 2013, 04:29 PM   #3
Rikakiah
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But, my real question is, can I register the lower as an SBR after I already have it?

I'm ordering a 16" 5.56 rifle because I don't want to wait 6+ months for the process and I can start shooting and saving up brass for reloading while I save money for the more expensive (especially with SBR and suppressor tax stamps) .300BLK 8ish" upper.

Seems kind of dumb that a universal part is the one that gets registered when the actual NFA item is on a completely different component. Almost like the law was made without much common sense or foresight, but I guess that's not uncommon...
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Old July 25, 2013, 08:31 PM   #4
Theohazard
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Quote:
Rikakiah posted
Seems kind of dumb that a universal part is the one that gets registered when the actual NFA item is on a completely different component. Almost like the law was made without much common sense or foresight, but I guess that's not uncommon...
While I agree that the overall law doesn't make much sense, this part of it does make sense from the BATFE's point of view. The short-barrel upper is not an NFA item; it can be put on a pistol lower with no NFA registration. Neither the upper or the lower are NFA items until they're combined, and considering the lower is the only part that is legally a firearm, it makes sense that the lower is the NFA registered part.

However, if you don't own a pistol lower, I wouldn't recommend getting a short upper until your tax stamp comes in. It's possible (though unlikely) you could be charged with "constructive possession" merely for having the parts to make an SBR and no other explanation for having them.

That's why having a pistol lower makes a lot of sense and can save you from this issue; if the BATFE claims you intended to use the short upper and a rifle lower to make an unregistered SBR, you can point out that the short upper was for your pistol lower. Then when your tax stamp comes in, you can take that short upper and put it on your SBR lower.
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Old July 26, 2013, 01:39 AM   #5
Rikakiah
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No, I wasn't planning on getting a short upper until after I had the paperwork. But do I just need to fill out a Form 4 for the lower I already own? So from the ATF's view, it becomes an SBR simply from them saying it is, so to speak.

I guess my confusion arises from the only Form 4 stuff I've done is for the suppressor I just purchased (expected pickup in January, maybe). From that perspective, I can't have the item in question until after I receive the paperwork. Was thinking it would be similar, "oh, he wants to register an SBR, but he already has it in his possession (my lower)? He can't do that..."

But I think I've got a better understanding now. And I didn't realize the pistol issue, so that makes a lot more sense.

Thanks.
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Old July 26, 2013, 11:14 AM   #6
Indi
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Rikakiah you would fill out a form 4 if you were purchasing an existing sbr lower. Seems that you will be manufacturing an sbr lower out of an existing lower. If this is correct you will need to do a form 1, and have your info engraved on your existing lower.
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Old July 26, 2013, 12:28 PM   #7
Rikakiah
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Aha! I knew it couldn't be quite that simple. Although, "manufacturing" just involves popping out the two pins, pulling the old upper, replacing with the new, and then replacing the pins...

Thanks. At least now I'm certain it's possible (and I won't need to purchase a new lower). Still probably 6-12 months out on the funds for a short .300 upper, but now I can buy my regular 5.56 in confidence.
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Old July 26, 2013, 02:21 PM   #8
Indi
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Manufacturing has nothing to do with popping pins. Manufacturing has more to do with getting permisson and approval from the atf to build an sbr. You will fill out the form 1 and mail it in. after the waiting period you will get the stamp, and you can assemble your lower with your sbr upper. You have to have your name/ name of trust, city and state engraved on the lower. I havent went through this process yet but have read a bit here and there.
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