Owning an AR-15 SBR and standard AR-15

[ScottsGT]

OK, What is the best way to go about this? Currently I have a RRA Mid Length with an A-2 stock. I've been thinking about getting it reclassified as an NFA Title II SBR, installing a .22LR conversion with a 4" barrel and using my Title II supressor I'm currently waiting on. But I want a collapsable stock on it.
Now here's where the fun begins. When I shoot my mid length, I like the A-2 stock, so I was thinking of just leaving this RRA alone, and get a whole new set up to get Title II approval on.
If I have the Title II lower and lets say two or three SBR uppers for it, can I or will I get in deep doodoo by having these extra uppers, and another NON NFA AR-15 in the house?Should I just give in and dump the A-2 stock and have only one NFA lower?

 

[Chipperman]

There are those who believe this is fine, as you have a legal way of using all of the short uppers with one registered SBR.

There are also those who believe ATF could nail you on "constructive intent", by possesssing multiple short uppers and only one registered lower. The idea is that you can't use more than one short upper at a time, and the others may run off looking for a way to attach themselves illegally to a non-registered lower. Those uppers are sneaky like that.

The SAFEST thing is to get a written opinion directly from ATF.

 

[TexasRifleman]

Give this a read first.

As with most of these things, if you draw the attention of law enforcement you've likely made bigger mistakes than having 2 short uppers......

http://www.stephenhalbrook.com/tc.html

 

[Bartholomew Roberts]

You probably want to read "Thompson Center-Fire v. United States" as that case deals with constructive intent to make an SBR.

As far as ultimately winning in court, I think it would depend on your ability to show that you had a legitimate use for however many uppers you had on a single SBR lower. This is going to depend on educating a jury about gun issues and gun law while a prosecutor argues against you; but if you can show that, you should be OK.

As far as not being charged to begin with, that is more of a grey area. ATF has prosecuted cases less substantial than what you describe when they thought the pressure might convince someone to cooperate with another ongoing ATF investigation. In the one I am aware of, ATF won at the trial level and lost at the appelate level; but I am sure it turned the guy's life upside down. In general though, I don't see a lot of ATF effort going into this for your average joe (of course the problem is that all joes are average until they aren't ).

 

[ScottsGT]

I was basically thinking of a short .22LR upper and a 11.5" .223 upper

 

[Bartholomew Roberts]

Well, I can think of lots of valid reasons to own that combination. Texas Rifleman summed it up succinctly - if they are looking at constructive intent charges in that situation, you have already drawn attention in some other fashion usually.

If you are concerned about that or just don't want to worry about the ATF having that lever, I would try and get something in writing from them now.

 

[86thecat]

How about storing the extra sbr uppers on pistol lowers so they don't have an affair with the wrong lower?

 

[Eightball]

What if, say, he had a large-hole lower and upper for the second one, and not have any conversion pins handy? That way, no matter how they would want to construe it, he could not put the SBR upper on the .223 lower.

Just a thought, dunno how it'd hold up in court.