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I'm looking to buy M4 upper but I need legal advice....

Discussion in 'Legal' started by EHL, Jan 15, 2009.

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  1. EHL

    EHL Member

    Joined:
    May 7, 2008
    Messages:
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    Location:
    Tulsa OK
    I have a question for you gun afficionados. I'm looking at getting an M4 upper and I stumbled on more than a few auctions offering M4 uppers at a nice price, but the barrels are way below the 16" minimum. These barrels are 11.5" and I don't think the bird cage is 4.5" long. So my question is, is it even legal to own these if you're a non LEO or Military?? I wonder why they even sell them with this barrel that is obviously for military use. Let me know what you guys think. Here's the link for one of the auctions.

    http://www.gunbroker.com/Auction/ViewItem.asp?Item=120546784

    If I bought this, would I get nice fat fine and possibly prison time?? Or would this qualify as an AR pistol??
    Thanks for the info.
     
  2. Bartkowski

    Bartkowski Member

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    Location:
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    You can buy them. You just have to fill out some paper work, wait to be approved, and pay $200 to put them on a rifle lower.
     
  3. billwiese

    billwiese Member

    Joined:
    Apr 19, 2005
    Messages:
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    Location:
    San Jose, CA
    Do not buy a shorty upper (under 16") if you only own AR rifle/receivers.

    If you (also) own an AR pistol/receiver then you can have a shorty upper [even if you also own a rifle. Just don't put the shorty upper on the rifle.]
     
  4. Davek1977

    Davek1977 Member

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    or, if one so chooses, he/she can legally mount it after registering it as a SBR
     
  5. Trebor

    Trebor Member

    Joined:
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    4,817
    Do you know the procedure for registering a rifle as a "Short Barreled Rifle" with the ATF?

    Are you planning to pay the $200 Federal tax required to register your rifle as a SBR?

    Does your state even allow you to own a SBR? (Not all states do, even though registered SBR's are legal under Federal law).

    Unless you deliberately plan to regiser your rifle as a SBR, and pay the $200 tax, do NOT buy an upper with less then a 16" barrel.

    So, in short, don't buy that 11.5 upper, unless you know what you are doing and know how to get the tax stamp and pay the tax.
     
  6. waterhouse

    waterhouse Member

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    As mentioned, you can put them on pistol ARs with no stock, or you can put them on registered Short Barreled Rifles.
     
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