AR Pistol Upper? SBR?

Silentarmy · November 26, 2007, 08:17 PM

I found a gentleman selling the 10.5" upper from a Bushy AR pistol in the classifieds. Is is legal to posess such a part by itself if the lower has been sold? I have several AR's in 3 calibers and I am considering this upper for an SBR build. I know it cannot be installed on a lower until the stamped form 1 returns but can it be purchased and stored in the mean time? Any wisdom on this matter would be greatly appreciated.

VUPDblue · November 26, 2007, 08:33 PM

Technically, owning a short upper in conjunction with any non-SBR lowers *could be* construed as constructive posession of an unregistered SBR. That being said, I know for a fact that this very thing happens all the time. Sometimes when you find a great deal on a shorty upper, you just have to jump on it, that's life. If I were going to buy something like that without having any SBR's, I'd probably keep it elsewhere or at least locked up separate from my rifles. It is highly unlikely ATF is going to kick down your door and haul you away for constructive posession. In and of itself, it doesn't comply with the spirit of the law. You intend to get the SBR paperwork done, it just hasn't come through yet. Now, all that being said, I'd get the Form1 in the mail ASAP after you bring home that shorty upper.

Legion2600 · November 26, 2007, 11:09 PM

Yea, what VUPDblue said. No biggie. Just use common sense until the F1 arrives.

Silentarmy · November 27, 2007, 02:52 AM

Thanks for the advice guys. I was hoping VUPD would chime in as I have always found his posts helpful and educational as well as accurate. Does $300.00 complete with charging handle and bolt/carrier sound like a good deal?

VUPDblue · November 27, 2007, 05:00 AM

At that price, if you don't want it, let me know...

November 26, 2007, 08:17 PM	#1
Silentarmy Senior Member Join Date: August 13, 2007 Location: Bountiful, Utah Posts: 355	AR Pistol Upper? SBR? I found a gentleman selling the 10.5" upper from a Bushy AR pistol in the classifieds. Is is legal to posess such a part by itself if the lower has been sold? I have several AR's in 3 calibers and I am considering this upper for an SBR build. I know it cannot be installed on a lower until the stamped form 1 returns but can it be purchased and stored in the mean time? Any wisdom on this matter would be greatly appreciated. __________________ "No one will Ever buy that PLASTIC gun!" Steve Gallenson, Early 1980's "Those Who live by the sword get Shot by those of us who don't" "What we learn from History is that we do not learn from History!"

November 26, 2007, 08:33 PM	#2
VUPDblue Senior Member Join Date: December 18, 2005 Location: Central Indiana Posts: 1,981	Technically, owning a short upper in conjunction with any non-SBR lowers could be construed as constructive posession of an unregistered SBR. That being said, I know for a fact that this very thing happens all the time. Sometimes when you find a great deal on a shorty upper, you just have to jump on it, that's life. If I were going to buy something like that without having any SBR's, I'd probably keep it elsewhere or at least locked up separate from my rifles. It is highly unlikely ATF is going to kick down your door and haul you away for constructive posession. In and of itself, it doesn't comply with the spirit of the law. You intend to get the SBR paperwork done, it just hasn't come through yet. Now, all that being said, I'd get the Form1 in the mail ASAP after you bring home that shorty upper. __________________ Silencers have NEVER been illegal !

November 27, 2007, 02:52 AM	#4
Silentarmy Senior Member Join Date: August 13, 2007 Location: Bountiful, Utah Posts: 355	Thanks for the advice guys. I was hoping VUPD would chime in as I have always found his posts helpful and educational as well as accurate. Does $300.00 complete with charging handle and bolt/carrier sound like a good deal? __________________ "No one will Ever buy that PLASTIC gun!" Steve Gallenson, Early 1980's "Those Who live by the sword get Shot by those of us who don't" "What we learn from History is that we do not learn from History!"

November 27, 2007, 05:00 AM	#5
VUPDblue Senior Member Join Date: December 18, 2005 Location: Central Indiana Posts: 1,981	At that price, if you don't want it, let me know... __________________ Silencers have NEVER been illegal !

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November 26, 2007, 11:09 PM	#3
Legion2600 Senior Member Join Date: June 11, 2005 Location: DFW Posts: 108	Yea, what VUPDblue said. No biggie. Just use common sense until the F1 arrives.