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Please take no umbrage, and yes I know this thread is extremely dated, but the remark was well after Thompson/Center v. United States (June 8, 1992) where the United States Supreme Court told the BATF they were full of bologna.
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I'm quite fimiliar with that case and have been dealing with ATF and NFA items for over 20 years. ATF does not care about Thompson/Center v. US.
(Please note the date of this letter is 8 YEARS after the Thompson final ruling.)
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DEPARTMENT OF THE TREASURY
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
WASHINGTON, DC 20226
MAR 29 2000
903050:GKD
3311
Dear Mr. :
This refers to your letter of January 22, 1999, requesting information on the legality of possessing a registered full auto AR15 and also possessing one or more semiautomatic pre-1994 assembled AR15 rifles. You appended a number of specific questions relating to this subject which will be answered in the order received.
1. Is it legal to own both?
There are no provisions under the Gun Control Act of 1968 (GCA) or the National Firearms Act (NFA) that prevent an individual from possessing an AR15 registered machinegun and one or more semiautomatic AR15 rifles at the same time.
2. If legal to own both, which spare parts for the registered gun can you also own?
Any weapon which shoots automatically more than one shot, without manual reloading, by a single function of the trigger meets the definition of a machinegun in section 5845(b) of the NFA. An AR15 rifle which is assembled with certain M16 machinegun fire control components, and which is capable of shooting automatically is a machinegun as defined.
The definition of a machinegun in section 5845(b) also includes any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person. Thus, an AR15 rifle possessed with separate M16 machinegun components can meet the definition of a machinegun, if the rifle shoots automatically when the components are installed.
The fact that a person lawfully possesses a registered NFA firearm does not grant authorization to possess additional non-registered firearms. A person who possesses a registered M16 machinegun and a semiautomatic AR15 and a separate quantity of M16 machinegun components could be in possession of two machineguns.
We advise any person who possesses an AR15 rifle not to possess M16 fire control components (trigger, hammer, disconnector, selector, and bolt carrier). If a person possessed only the M16 machinegun and spare M16 fire control components for that machinegun, the person would possess only one machinegun.
3. Is it legal to use the upper receiver off of the semi-auto AR's on the registered AR if they are different lengths and calibers than listed on the Form 4's?
Before changing the caliber of a registered machinegun you should notify the NFA Branch in writing of the proposed change.
4. Can you have several short barrel uppers (less than 16 inches) for the registered AR and still own semi-auto AR's?
The definition of a firearm in section 5845 of the NFA includes a rifle having a barrel or barrels of less than 16 inches in length. An individual possessing more than one short (less than 16 inches) barreled upper receiver for a registered AR15 machinegun along with one or more semiautomatic AR15 rifles would have under their possession of control an unregistered short barreled rifle, a violation of the NFA.
5. If you change the barrel length or caliber do I need to notify your office if the change is not a permanent one?
This question was answered under Question 3.
We trust that the foregoing has been responsive to your inquiry.
If we can be of any further assistance, please contact us.
Sincerely yours,
[signed]
Edward M. Owen, Jr.
Chief, Firearms Technology Branch
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http://www-2.cs.cmu.edu/afs/cs/user/...f_letter90.txt
They say the exact same thing about having multiple short barreled uppers with a registered AR-15 SBR and/or an AR pistol and possessing other AR-15 rifles. Mere possession is enough to be charged with having an assembled unregistered firearm. As this letter states, if I purchase spare parts for my registered M16A1 and also possess an AR-15, I am automatically in possession of an unregistered machinegun. This is in direct violation of the Thompson ruling.
It is ATFs viewpoint that to meet the Thompson ruling, for every <16" upper you possess, you must have a legal lower (SBR/Machinegun/Pistol) for that upper. Having more <16" uppers than legal lowers to attach them to, plus having a semi-auto AR-15 rifle, places you in violation with an unregistered firearm. If you do not possess any semi-auto AR-15 rifles, you can own as many <16" uppers as your heart desires.