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SBR that's not an SBR (that's really an SBR)

Discussion in 'NFA Firearms and Accessories' started by Elkins45, Dec 3, 2018.

  1. SCC

    SCC Member

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    Interesting. Was not aware of that letter. But it doesn't address the case of having another allowed configuration for that short barrel, i.e. a pistol lower. So does this mean that I can't take my AR pistol and my 16" AR (registered lower) on the same road trip out of state without paperwork? I was going under the concept of "constructive possession" where there must be no other use for the components other than the regulated use. Otherwise, this would create the problem where it would be a violation to own both an AR pistol and an AR rifle, since the parts are interchangeable. I don't think it works that way. If your interpretation is correct it changes the rules from "may only be assembled as" to simply "may be assembled as".

    ETA: In my original reply I was assuming, but did not state, that both the pistol lower AND the rifle (SBR) lower would be present when traveling. This may be the source of confusion. Both must be present so that there is always a "legal" configuration for the parts. There must also be a 16" upper present so that there is a reason for the rifle lower other than to make an SBR.
     
    Last edited: Jan 5, 2019
  2. CraigC
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    CraigC Member

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    That's debatable. The letter does not at all address transporting an SBR upper in the form of a complete pistol.
     
  3. dogtown tom

    dogtown tom Member

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    Who said it did?o_O
    The letter addresses what parts in your possession constitute an SBR.
     
  4. dogtown tom

    dogtown tom Member

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    That's because the person didn't ask ATF that question. Opinion letters almost always only address the points requested and reference the federal law or ATF regulation.



    Possibly. But the strictest reading of that letter seems to imply that you don't have your registered SBS receiver and a short barreled upper without having filed for interstate transport.
    The only way you'll know for sure (or at least an opinion) is to write ATF and ask the question. Or you could just file the paperwork and not worry.:D


    It's not my interpretation, but ATF's as detailed in that letter. YMMV.

    correct.
     
    Last edited: Jan 8, 2019
  5. Elkins45

    Elkins45 Member

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    Which part is correct? He said a couple of different things in his post.
     
  6. CraigC
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    CraigC Member

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    You implied it. Important distinction between transporting a complete rifle on an SBR lower and just an SBR upper, versus a complete rifle and a complete pistol.
     
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