short barrel upper

ladder13 · January 31, 2010, 07:25 PM

Hi, is owning a SB upper only, legal? I can get one for a great price, but cannot have an SBR in my State. I plan to move to a free State in a few years and may want to hold onto the upper until then. Will mere possession make me a felon, or would the gun need to be fully assembled first?
I don't plan to run afoul of any laws, that's why I'm asking. Thanks for any info.

V.Oller · January 31, 2010, 07:39 PM

As long as the complete rifle is not assembled, you should have no problem.

LukeA · January 31, 2010, 08:37 PM

A short upper is perfectly legal to own if you don't have a lower readily attachable to it.

rjrivero · January 31, 2010, 09:58 PM

Quote:

Originally Posted by LukeA

A short upper is perfectly legal to own if you don't have a lower readily attachable to it.

Constructive Intent. What a wonderful phrase. Vague, and often quoted. Do a google search on the phrase and you will find all kinds of opinions on this matter.

If you want to buy a complete upper with a barrel less than 16 inches, you can. No law against it.

What if you already OWN an standard AR-15 or carbine? Does the fact that you OWN a complete AR rifle AND a Short barrel UPPER constitute CONSTRUCTIVE INTENT?

It really isn't hard to put a new upper on an existing lower. Push two pins and insert the new upper. Ta-Da....SBR.

I've been told it's better to own an AR-PISTOL LOWER FIRST, then buy the short barrel upper. Then you have a PISTOL, until you decide to Form 1 it and you can always swap out the buffer tube for a stocked style buffer tube and have your SBR.

But that brings up the next question: If you own an AR RIFLE AND an AR PISTOL, is it constructive intent to own a SBR? I mean, how hard is it to pull the uppers and swap them?

I've been looking HIGH and LOW for the answers and can find NO DEFINITIVE ANSWERS.

WHAT CONSTITUTES CONSTRUCTIVE INTENT?

I think in your case, ladder13, where it's ILLEGAL to own a SBR in your state, then you should construct an AR PISTOL. When the move happens to a "free state" all you have to do is file the form 1, and when it gets approved buy a stock of your choice. Then you're done.

ladder13 · January 31, 2010, 10:26 PM

Another couple questions if I may.
If I decide to sell the upper is it just like selling any other upper or part? Do I need someone's "permission"? Can I sell it INTER state without going thru an FFL? Do I need any paperwork from the buyer?
I like my freedom

Thanks for the info/help.

LukeA · January 31, 2010, 10:47 PM

The upper by itself is not a firearm, and so is not subject to regulations concerning firearms.

gyvel · February 1, 2010, 06:33 AM

In general, just having the upper is no problem as long as you do not currently possess anything to put it on.

On the other hand, our military adopted, a few years back, a policy of "don't ask, don't tell."

January 31, 2010, 07:25 PM	#1
ladder13 Junior Member Join Date: January 31, 2010 Posts: 8	short barrel upper Hi, is owning a SB upper only, legal? I can get one for a great price, but cannot have an SBR in my State. I plan to move to a free State in a few years and may want to hold onto the upper until then. Will mere possession make me a felon, or would the gun need to be fully assembled first? I don't plan to run afoul of any laws, that's why I'm asking. Thanks for any info.

January 31, 2010, 07:39 PM	#2
V.Oller Member Join Date: March 28, 2001 Location: South Florida Posts: 43	As long as the complete rifle is not assembled, you should have no problem. __________________ That which does not kill us only makes us stronger. /Nietzche http://www.OmegaTactical.com NRA Life Member NRA Certified Pistol, Rifle, Shotgun Instructor

January 31, 2010, 08:37 PM	#3
LukeA Senior Member Join Date: July 1, 2009 Posts: 542	A short upper is perfectly legal to own if you don't have a lower readily attachable to it.

January 31, 2010, 10:26 PM	#5
ladder13 Junior Member Join Date: January 31, 2010 Posts: 8	Another couple questions if I may. If I decide to sell the upper is it just like selling any other upper or part? Do I need someone's "permission"? Can I sell it INTER state without going thru an FFL? Do I need any paperwork from the buyer? I like my freedom Thanks for the info/help.

January 31, 2010, 10:47 PM	#6
LukeA Senior Member Join Date: July 1, 2009 Posts: 542	The upper by itself is not a firearm, and so is not subject to regulations concerning firearms.

February 1, 2010, 06:33 AM	#7
gyvel Senior Member Join Date: August 30, 2009 Location: Northern AZ Posts: 7,172	In general, just having the upper is no problem as long as you do not currently possess anything to put it on. On the other hand, our military adopted, a few years back, a policy of "don't ask, don't tell."