Couple newb SBR questions

[Massan]

Sorry for newb questions but im looking to get into the NFA stuff and would like some clarification on some stuff.

My situation is i'm planning on getting a 10.4 upper with a fake can pinned on it. My current state(CA) obviously does not allow the serfs(average citizens) to own such things so when I move I plan on having the pin drilled out and getting it SBR'd.

What I would like to clarify is:
SBR still only applies to lower so technically I can have the upper converted back to 10.4 while waiting for BATFE to finish paperwork for whichever lower I chose to register as SBR(constructive intent aside, I'll probaly just keep it pinned until SBR papers get approved) or is there registration/paperwork to be included for just having the upper? IE, $200 NFA tax only applies to lower.

Can I register a CNC'd lower or does it have to be a commercial one?

Thanks in advance for help, all the legalese its written in is confusing.

 

[crazy-mp]

You can melt soda cans down and mill your own lower if you so choose, by the letter of the law definition you cannot have in your possession a SBR upper and a lower. That's where the constructive intent comes in, one other thing to consider make your fake can or 5.5 flash hider upper a little longer than what you want to SBR to because when they pin and weld most likely they will have to re-thread the gun and that will take .5-1.0 of barrel length. Just something to think about, you can always chop more off but its hard to grow back.

your tax stamp only applies to the lower you can have longer barrels or shorter barrels but it has to be returned to its original configuration (barrel length its registered) typically for storage and transport. You can even use different calibers but it has to go back to the original configuration otherwise you have built a new gun which may require a new tax stamp according to the ATF.

 

[Massan]

Talking to current owner(havent bought upper yet) it has a small hole drilled through where a pin was inserted then welded onto the fake can so there should be no damage to threads/barrel asides from that hole which can be covered up when replacing muzzle device. So recommendation is to keep upper pinned until SBR paperwork goes through then convert back to 10.4 since with it being pinned it would be considered a standard 16"+ part.

So just wondering, with all the 10-12" uppers for sale can you only buy them if you already have a registered SBR lower or pistol lower to comply with NFA and avoiding constructive intent?

 

[crazy-mp]

Some companies will only sell sbr/pistol uppers to individuals with approved form 4's or a 07 (Firearms Manufacturer). But like in any other business, not all some will take your money and send a disclaimer saying your responsible for following the law.

 

[Massan]

So if I understand this correctly I can have a lower of my choice along with the pinned upper ready to go while the SBR paperwork is being processed by BATFE. Once paperwork goes through I will then need to unpin the upper and attach to the lower on registration for SBR.

 

[MasterSergeantA]

Yup. That pretty much sums it up. You could also send the upper out (presuming you are not doing it yourself) and get it shortened in advance, but it would need to be stored somewhere else until the paperwork is back. You could use the lower with any standard upper in the meantime...or just keep it pinned/welded as is until the paperwork comes back. Your choice.

Some companies and individuals will sell you a short upper as crazy-mp pointed out and you simply have to store them separately (like in another guy's safe) until you are NFA legal. But some will not sell you any parts like that unless you send them a copy of the approved Form 1 or 4. It is a CYA thing for them.

Constructive possession is an issue, but as has been discussed on the board in that past, you are probably already up on other charges before it is going to be an issue. Then it would be an add-on allowing the law to portray you as a "(fill-in descriptor) and GUN NUT" when they take you to trial. Always best to stay legal when dealing with the BAT-men, but don't lose too much sleep over it.

Sounds like you have a plan. Just get ready for the wait and relax.

 

[GarySTL]

I found a good deal on a 8" upper at a gun show. Had my BIL take t home for storage as he had no AR lowers. After I got the papers back on my lower I drove over and got t out of his safe and put them together.