Special tax stamp


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General Tso
June 18, 2010, 10:09 PM
Is a BATFE tax stamp required to buy a 10.5 inch AR upper? Or any SBR upper?

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taliv
June 18, 2010, 10:32 PM
well, technically speaking no, you can buy all the uppers you want. it's the lowers that are registered because the lowers have the serial number. However, it's definitely illegal to put a 10.5" upper on a lower that isn't registered, and it's a really bad idea to even keep the short upper in the same house with your regular lowers unless it's on a registered SBR lower

GoingQuiet
June 18, 2010, 11:04 PM
As taliv said, do not own a 10.5" AR upper and AR lower at the same time. It is constructive possession and is considered to be unawful. I just had the local PD call ATF on a constructive possession case and they are prosecuting.

mp510
June 19, 2010, 12:05 AM
As taliv said, do not own a 10.5" AR upper and AR lower at the same time. It is constructive possession and is considered to be unawful. I just had the local PD call ATF on a constructive possession case and they are prosecuting.
There is one way around that problem.

Using a virgin receiver (or one that was never stocked),and transferred as other (under current procedures) or a pistol (under the former procedure)-- build a pistol. Just make sure you don't have any spare stocks laying around. After the stamp comes back, buy and install the stock of your choice.

GoingQuiet
June 19, 2010, 12:35 AM
That is true, but my professional take on the situation is to err towards the side of caution and avoid a constructive possession accusation by simply not owning the parts.

Even if you are legal, it will not stop you from getting hassled by those not in the know. The best example I can illustrate is at lunch today when I was talking with a few members of the local swat team. One of them had went to New York City and was checking his bag to fly home, declaring a firearm. Gate agent said where's the NYC pistol permit, he said he didn't have one.

....thats when the airport police showed up ready to arrest him, had he not been carrying his department ID. He was to say the least - flabbergasted at the sheer insanity of it.

If you do build it as a pistol, you will have to get documentation from the dealer that the 4473 was transferred on "Other", proof that it was new and has never been stocked, etc.

You might be right, but you might go through the wringer to prove it. That's all I'm saying.

MrM4
June 19, 2010, 12:56 AM
There is no need or reason to get anything "In Writing" If ATF wants to know they will by pass you and go directly to the FFL and pull that 4473 to see what it is checked as.
+1 on the NYC permit, just because you had no trouble flying in with a gun doesnt mean you can fly out with it just as easy.

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