AR15 upper swap question.

tahunua001 · July 4, 2014, 11:15 AM

I have a question. if you have an AR15 registered as an SBR, could you just get multiple SBR uppers and swap them out on the same lower or do multiples create 'intent to manufacture a SBR".

Sharkbite · July 4, 2014, 11:53 AM

Not a issue

I have 6 uppers with barrels less then 16". Only 1 stamped SBR CURRENTLY. 2 more in process.

The 1 lower, either SBR or Pistol lets you have as many short uppers as you want. Mix and match.... Swap till your hearts content

Theohazard · July 4, 2014, 12:19 PM

Like Sharkbite said, it's not an issue: With one registered SBR lower you can swap out uppers to your heart's content. Though keep in mind you always need to be able to put it back into the original configuration listed on the Form 4, so make sure you always own an upper of that configuration. (You don't need to store it in its original configuration, you just need to have the parts available.)

Also, if you plan to get rid of the original upper and change the SBR's permanent configuration, you can do that by notifying the ATF.

tahunua001 · July 6, 2014, 12:28 PM

alright thanks guys, I always wondered because of the pistol to carbine conversion kits like the mech tech and RONI say that just owning the conversion counts as "intent to manufacture an SBR" which is why I was curious about the rules pertaining to ARs.

Theohazard · July 6, 2014, 01:27 PM

The rules are the same with ARs as they are with those conversion kits: If you have a short upper and a rifle lower you can get in trouble the same way. But when you have an SBR lower you remove that risk because now it's legal to possess an SBR, just as possessing those kits is legal if you have a pistol registered as an SBR.

Deja vu · July 8, 2014, 05:03 PM

I think they are correct. The only issue I see is if you have a second AR15 there may be some possession with intent. May be not im not sure. I know for sure if you have a second AR that is not an SBR that would could get in huge trouble if you put one of the SBR uppers on it.

Theohazard · July 8, 2014, 08:01 PM

Quote:

Originally Posted by Dena vu

The only issue I see is if you have a second AR15 there may be some possession with intent. May be not im not sure.

No, there's no problem there. Constructive intent is where you have all the parts to make an SBR and no other legal explanation for having them.

For example: If you have any short uppers and you only have non-SBR rifle lowers to go with them, then you could be charged with constructive intent to make an illegal unregistered SBR. But, throw in a single legal SBR lower to that mix and everything is perfectly legal: Those short uppers go with the legal SBR lower and it doesn't matter that you have other non-SBR lowers in your possession.

July 4, 2014, 11:15 AM	#1
tahunua001 Senior Member Join Date: July 21, 2011 Location: Idaho Posts: 7,839	AR15 upper swap question. I have a question. if you have an AR15 registered as an SBR, could you just get multiple SBR uppers and swap them out on the same lower or do multiples create 'intent to manufacture a SBR". __________________ ignore my complete lack of capitalization. I still have no problem correcting your grammar. I never said half the stuff people said I did-Albert Einstein You can't believe everything you read on the internet-Benjamin Franklin

July 4, 2014, 12:19 PM	#3
Theohazard Senior Member Join Date: April 19, 2012 Location: Western PA Posts: 3,829	Like Sharkbite said, it's not an issue: With one registered SBR lower you can swap out uppers to your heart's content. Though keep in mind you always need to be able to put it back into the original configuration listed on the Form 4, so make sure you always own an upper of that configuration. (You don't need to store it in its original configuration, you just need to have the parts available.) Also, if you plan to get rid of the original upper and change the SBR's permanent configuration, you can do that by notifying the ATF. __________________ 0331: "Accuracy by volume."

July 6, 2014, 12:28 PM	#4
tahunua001 Senior Member Join Date: July 21, 2011 Location: Idaho Posts: 7,839	alright thanks guys, I always wondered because of the pistol to carbine conversion kits like the mech tech and RONI say that just owning the conversion counts as "intent to manufacture an SBR" which is why I was curious about the rules pertaining to ARs. __________________ ignore my complete lack of capitalization. I still have no problem correcting your grammar. I never said half the stuff people said I did-Albert Einstein You can't believe everything you read on the internet-Benjamin Franklin

July 6, 2014, 01:27 PM	#5
Theohazard Senior Member Join Date: April 19, 2012 Location: Western PA Posts: 3,829	The rules are the same with ARs as they are with those conversion kits: If you have a short upper and a rifle lower you can get in trouble the same way. But when you have an SBR lower you remove that risk because now it's legal to possess an SBR, just as possessing those kits is legal if you have a pistol registered as an SBR. __________________ 0331: "Accuracy by volume."

July 8, 2014, 05:03 PM	#6
Deja vu Senior Member Join Date: March 14, 2010 Location: Border of Idaho & Montana Posts: 2,584	I think they are correct. The only issue I see is if you have a second AR15 there may be some possession with intent. May be not im not sure. I know for sure if you have a second AR that is not an SBR that would could get in huge trouble if you put one of the SBR uppers on it. __________________ Shot placement is everything! I would rather take a round of 50BMG to the foot than a 22short to the base of the skull. all 26 of my guns are 45/70 govt, 357 mag, 22 or 12 ga... I believe in keeping it simple. Wish my wife did as well...

July 4, 2014, 11:53 AM	#2
Sharkbite Senior Member Join Date: November 4, 2013 Location: Western slope of Colorado Posts: 3,679	Not a issue I have 6 uppers with barrels less then 16". Only 1 stamped SBR CURRENTLY. 2 more in process. The 1 lower, either SBR or Pistol lets you have as many short uppers as you want. Mix and match.... Swap till your hearts content

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