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#1 |
Member
Join Date: August 20, 2023
Location: Northern Virginia
Posts: 29
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Is this 7.5” .300 black out upper and NFA item?
Sku
935n-ua300phb7.518pbur-7m3 I guess this will be a 7.5” SBR. Do we buy it and then have it registered and pay the tax stamp. It appears, that it is sent directly and not through an FFL? Last edited by badmatrix; May 20, 2024 at 07:11 PM. |
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#2 |
Senior Member
Join Date: January 23, 2006
Location: Plano, Texas
Posts: 3,207
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Barrels and uppers by themselves are not firearms, therefore they cannot be NFA firearms.
If you assemble a firearm that has a rifled barrel and a shoulder stock that is less than 26" OAL or has less than a 16" barrel, you have a NFA SBR.
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#3 |
Senior Member
Join Date: July 14, 2023
Location: down town USA
Posts: 531
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yeah all uppers ship dirrect don't they?
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#4 |
Senior Member
Join Date: September 19, 2008
Posts: 1,447
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Isn't the ATF rule that if you have one of these short uppers AND a lower that the combination, even if not assembled, is a NFA item if you don't have an SBR stamp for at least one lower?
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#5 |
Member
Join Date: August 20, 2023
Location: Northern Virginia
Posts: 29
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I thought i would ask and got a couple different answers. Thanks for responding.
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#6 | ||
Senior Member
Join Date: January 23, 2006
Location: GA
Posts: 1,870
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Quote:
United States v. Thompson-Center Arms Co. ruled you had to show intent. https://stephenhalbrook.com/thompson/ Quote:
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#7 | |
Senior Member
Join Date: January 23, 2006
Location: Plano, Texas
Posts: 3,207
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Quote:
Having a factory AR15 rifle with 16" bbl is fine....but being in possession of that 7.5" upper means you are in constructive possession of an SBR. vs Having an AR15 pistol with 7.5" bbl and having a spare 16" upper as well. Thats legal, because you can configure that AR pistol as a pistol>Title I rifle and back to pistol as often as you wish. If you have an AR lower that was not first assembled as a Title I rifle, you can build it as a pistol or rifle. If you build it as a pistol first you have flexibility to go pistol>rifle>pistol. "First a rifle, always a rifle".
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Need a FFL in Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me. $20 transfers ($10 for CHL, active military,police,fire or schoolteachers) Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA https://www.youtube.com/watch?v=pELwCqz2JfE |
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#8 | |||
Senior Member
Join Date: January 23, 2006
Location: Plano, Texas
Posts: 3,207
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Quote:
From your link: Quote:
Quote:
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Need a FFL in Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me. $20 transfers ($10 for CHL, active military,police,fire or schoolteachers) Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA https://www.youtube.com/watch?v=pELwCqz2JfE Last edited by dogtown tom; May 21, 2024 at 05:51 PM. |
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#9 | |
Senior Member
Join Date: January 23, 2006
Location: GA
Posts: 1,870
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Quote:
Last edited by zoomie; May 21, 2024 at 09:26 PM. |
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#10 | |||
Senior Member
Join Date: January 23, 2006
Location: Plano, Texas
Posts: 3,207
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Quote:
If you have other AR pistols or stripped lowers you can lawfully possess that 7.5" upper. ![]() If the AR was originally a rifle it cannot EVER be reconfigured as a pistol. It would be a "firearm made from a rifle" and subject to the NFA. There are no such beasts as "rifle upper" or "pistol upper", just like there aren't "rifle lowers" or "pistol lowers". Remember, you might have a 16" barrel, but less than 26"OAL.....and thats an NFA SBR. Again, You need to have a lawful configuration possible with the components in your possession. Having a factory AR15 rifle with 16" bbl is fine....but being in possession of that 7.5" upper means you are in constructive possession of an SBR. Quote:
Possession of "...one lower and only one upper..." isn't a violation of any federal law.
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Need a FFL in Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me. $20 transfers ($10 for CHL, active military,police,fire or schoolteachers) Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA https://www.youtube.com/watch?v=pELwCqz2JfE Last edited by dogtown tom; May 22, 2024 at 07:39 PM. |
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#11 | |
Staff
Join Date: February 12, 2001
Location: DFW Area
Posts: 25,410
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Quote:
You could have a thousand rifle lowers and it would still be a problem to buy a shorty upper if you didn't also have at least one pistol lower. You need to have at least one pistol lower to make possessing a shorty upper legal without a tax stamp.
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Do you know about the TEXAS State Rifle Association?
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#12 |
Senior Member
Join Date: March 2, 2014
Posts: 12,632
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It's like the immaculate conception.
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"Everyone speaks gun."--Robert O'Neill I am NOT an expert--I do not have any formal experience or certification in firearms use or testing; use any information I post at your own risk! |
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#13 |
Senior Member
Join Date: November 13, 2006
Posts: 8,349
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This post is more of a question .
Do I understand correctly? It is NOT legal advice ,as in "Do this and you are OK" I believe I am OK to have a lower that was built to be a pistol that has a short featureless buffer tube and no brace or other buttstock like device attached.. And I also have rifle /carbine ARs with 16 in + barrels. Dedicated lowers. I can own uppers with less than 16 in barrels that I can pin onto the lower that was built as a pistol so long as that upper does not have features that would put it in "any other weapon" class, such as handstops, foregrips, bipods ,etc. Everything is clean that way. I have an extra short (Strike)buffer tube on my lower. I shoot with it spot welded under my cheekbone. The buffer tube does not even reach to my ear. By no stretch of the imagination is it designed or intended to be shoulder fired. Its not an option. I require the gun be squeaky clean legal. Let me know if I have it wrong per the BATF. |
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#14 |
Senior Member
Join Date: September 28, 2013
Posts: 4,749
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Also you don't need to own the part to possess it. It would still be problematic if you merely borrow the upper from your buddy to just look at it. Be careful.
-TL Sent from my SM-N960U using Tapatalk |
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#15 | |
Senior Member
Join Date: May 15, 2017
Location: Iowa
Posts: 1,248
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Quote:
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#16 | |
Senior Member
Join Date: January 23, 2006
Location: Plano, Texas
Posts: 3,207
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Quote:
__________________
Need a FFL in Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me. $20 transfers ($10 for CHL, active military,police,fire or schoolteachers) Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA https://www.youtube.com/watch?v=pELwCqz2JfE |
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#17 |
Senior Member
Join Date: July 14, 2008
Location: South Carolina
Posts: 2,943
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I hate these mental gymnastics on this subject, it is just so stupid.......
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