Take possession of upper?


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DrBobinMO
October 27, 2013, 03:51 PM
I am very impatiently waiting my tax stamp for my complete AAC 300BLK SBR. Submitted my form 4 in August and now with wait times at 15+months I might not see it until next Christmas.

If I have a PISTOL lower already, is there any law preventing me from taking possession of the upper on that rifle to use until my tax stamp comes in?

I'd rather have a 9" 300BLK pistol to play with for the next year until I can mate it with my SBR lower.

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rjrivero
October 27, 2013, 04:19 PM
That depends. The lower that you're registering for the SBR, does it have a legal 16" upper on it? As long as all your lowers are hilt into legal firearms, you can have extra short uppers for your pistol. If however, you have a lower, waiting for a stamp and no upper on it, then you would be in "constructive possession" of your illegal SBR.

You CAN build your lower into a legal pistol, but have no extra stock to put on it until the tax stamp comes back.

Does that Make sense?

Aaron Baker
October 27, 2013, 04:37 PM
RJ, I think you misunderstood the question. As I understand it, the DrBobinMO has purchased a complete AAC brand SBR. That means his dealer submitted the Form 4, and he's waiting on the approval to be able to pick it up.

What he wants to know is whether he can take possession of JUST the upper reciever from the rifle he's bought, and put that upper on a pistol lower receiver.

The answer is yes. As long as your dealer will give it to you, then there's nothing illegal about it. If you've bought and paid for the thing, it's yours. You just can't take possession of the lower receiver until the transfer is complete.

Aaron

rjrivero
October 27, 2013, 05:16 PM
Aaron,

You're correct. I totally misunderstood. Listen to Aaron. He's got this one.

DrBobinMO
October 27, 2013, 05:27 PM
I appreciate the replies here. Glad to know my thinking was on track. Going to talk to my LGS on Monday since the rifle is already paid in full.

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