Multiple Uppers for Single lowers?

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  • boricuamaximus

    Ultimate Member
    Dec 27, 2008
    6,237
    I was wondering. If I have a registered SBR, can I have multiple uppers?

    Currently, I am awaiting the paperwork for an SBR lower but I was wondering if I can own 2 SBR uppers while only having one SBR lower?

    If I have to I'll register another lower just dont feel like waiting another 6 months.
     

    CKOD

    Active Member
    Jan 30, 2009
    348
    Yes you can, just dont have any non-registered rifle lowers laying around with no upper to go with them.
     

    zombiehunter

    Ultimate Member
    Jul 8, 2008
    6,505
    my understanding is that the lower has to be SBR'd for calibers so if you have an SBR in .223 and you run .22lr you're safe, but if you run 9mm, x39 etc. you run afoul of NFA issues.
     

    GUNGUY45

    Member
    Jan 27, 2009
    81
    Western Berks Co. Pa.
    The most generally accepted view is, as follows;

    You are allowed to have multiple uppers, as long as any lowers that you have can be assembled legally. IE, if all of your TITLE 1 lowers have a 16+ inch upper on them, then you can have 2, or however many, less than 16" uppers for your SBR.


    You are allowed to TEMPORARALY put different uppers(in length, and Cal.) on an SBR lower, as long as you retain the "as built" upper.

    If you PERMINENTLY alter(sell the orig. upper), you are requested to notify the BATFE with the new configuration.

    If the SBR was built on a Form1, the Form 1 is your permission to build it, and the configuration in which it will be initially built.

    Since a firearm is only built once, then ALTERED after that, you are good to go with 1 barrel length, and 1 cal.

    State laws may vary, I am NOT a lawyer, YMMV.

    Pete A.
     
    Last edited:

    nicholst55

    Member
    Feb 4, 2007
    18
    Camp Casey, Korea
    I was told that you can list multiple calibers and barrel lengths on the Form 1; does anyone know if this is correct? Could I list .223, .22 LR, 9mm (etc.), and 10.5", 11.5", 8", etc.?
     

    GUNGUY45

    Member
    Jan 27, 2009
    81
    Western Berks Co. Pa.
    I was told that you can list multiple calibers and barrel lengths on the Form 1; does anyone know if this is correct? Could I list .223, .22 LR, 9mm (etc.), and 10.5", 11.5", 8", etc.?

    From what I've heard on the net(mostly AR15.com), for the past year or 2, ATF has been rejecting Multiple caliber, and barrel length forms.

    If you buy a factory SBR, the form 4 has only 1 Cal. and 1 barrel length.(as it was built)
    You are allowed to have additional barrels in any Cal.
    Why does everyone feel the need to list any possible length and Cal. on their forms?
     

    Ab_Normal

    Ab_member
    Feb 2, 2010
    8,613
    Carroll County
    As long as you have a way to configure it legally then you are OK. Per the T/C ruling it actually has to be assembled in an illegal way for it to be illegal.
     

    CKOD

    Active Member
    Jan 30, 2009
    348
    As long as you have a way to configure it legally then you are OK. Per the T/C ruling it actually has to be assembled in an illegal way for it to be illegal.

    youre contradicuting yourself there... But yes, if you have a legal way to assemble all your non NFA lowers and dont get caught with your hand in the cookie jar with a 12" upper on a non registered lower, then youre g2g, However if you have 3 SBR uppers, 1 registered lower, and want to build another AR, it would be prudent to order/build the upper first. ATF rulings arent law, its their own abrbitrary rules, that get enforced as law and they have said that the T/C ruling only applies to contenders.
     

    Ab_Normal

    Ab_member
    Feb 2, 2010
    8,613
    Carroll County
    The ATF doesn't really want to pursue a case regarding the T/C "ruling". A good law CLERK could beat them using their (ATF's) own logic they've used to justify their (after the fact) narrowly interpreted position.
     

    VWTurbo

    Ultimate Member
    Jun 18, 2010
    2,835
    Perry Hall
    I was wondering. If I have a registered SBR, can I have multiple uppers?

    Currently, I am awaiting the paperwork for an SBR lower but I was wondering if I can own 2 SBR uppers while only having one SBR lower?

    If I have to I'll register another lower just dont feel like waiting another 6 months.

    Alright - I have read this thread a few times and I am still confused...not hard to believe, I know, but I certainly don't want to risk getting myself into hot water either.

    Here is my hope for my lower that I am getting in the group buy.
    I wanted to get the lower and put together a treasure chest if you will.
    I have had my eye on the gemtech 9mm SBR upper, the 50 beowulf upper, 10.5" 223 upper and a 20" 223 upper. Basically giving me the option to go to any caliber that I may have the urge to shoot without having a bunch of rifles laying around.
    However, and please correct me if I am wrong, it doesn't appear that this is doable. It does seem as though I could do one lower for all SBR but not the non-sbr stuff. Is this true? I know no matter what if a SBR upper is going on it it would have to be registered as such, but can you have a non sbr upper on a registered lower?

    I know this is a lot of questions but it is very confusing.
     

    Markp

    Ultimate Member
    Dec 22, 2008
    9,392
    Alright - I have read this thread a few times and I am still confused...not hard to believe, I know, but I certainly don't want to risk getting myself into hot water either.

    Here is my hope for my lower that I am getting in the group buy.
    I wanted to get the lower and put together a treasure chest if you will.
    I have had my eye on the gemtech 9mm SBR upper, the 50 beowulf upper, 10.5" 223 upper and a 20" 223 upper. Basically giving me the option to go to any caliber that I may have the urge to shoot without having a bunch of rifles laying around.
    However, and please correct me if I am wrong, it doesn't appear that this is doable. It does seem as though I could do one lower for all SBR but not the non-sbr stuff. Is this true? I know no matter what if a SBR upper is going on it it would have to be registered as such, but can you have a non sbr upper on a registered lower?

    I know this is a lot of questions but it is very confusing.

    The receiver is an SBR receiver as long as it remains registered as an SBR. So even if you put a 20" .223 upper on it, it is still an NFA weapon unless you no longer have the parts to return it to it's original registered condition.

    http://www.atf.gov/firearms/faq/national-firearms-act-short-barreled-rifles-shotguns.html

    From the ATF FAQ:

    A stripped receiver without a barrel does not meet the definition of a SBR or SBS under the NFA. Although the previously registered firearm would remain registered unless the possessor notified the NFA Branch of the change, there is no provision in statute or regulation requiring registration of a firearm without a barrel because its physical characteristics would make it only a GCA “firearm” pursuant to 18 U.S.C. § 921(a)(3)(B). If the subsequent owner buys the receiver as a GCA firearm and installs a barrel less than 16 inches in length (SBR) or 18 inches in length (SBS), the firearm would be subject to a $200 making tax and registration under the NFA by the manufacturer or maker of the SBR or SBS. Because registration depends upon the stated intent of the applicant, there is no provision to allow registration of a NFA firearm by anyone other than the maker or manufacturer.
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,035
    Elkton, MD
    I have installed a blind pin (That protrudes about 1/4" on SBR uppers for customers before (If they have more than one SBR upper and non SBR lowers. The SBR Lower gets drilled with a recess, so only the SBR uppers can go on the SBR lower.

    If you try to install the SBR upers on non-SBR lowers it wont go together.

    Its not necessary but if your worried about the man, this will prevent any BATFE form saying you were in "constructive posession" or planned to create unregistered SBR's.
     

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