SBR's with multiple uppers?

[berettaprofessor]

Like many others here, I'm waiting the final form of Rule 2021R8 to determine what happens with my pistol AR's; i.e. Do I replace them with longer barrels, SBR them, or a mixture?

However, that said, does anyone have any indication yet, from current law or from the last proposal, whether it will be legal to register a single SBR'ed AR lower receiver and switch multiple pistol-length uppers on it? Or do I misunderstand the nature of an SBR. and the "whole rifle" is SBR'ed, one lower to each upper on each tax stamp?

Said more simply, say, for example that I currently have three pistol-length AR's, 223, 300BO, and 22LR with either bare buffer tubes or braces, each on a separate lower. Will I be able to stay legal if I register only one lower as an SBR and swap the uppers among it, being careful never to put any of the 3 uppers on a non-SBR'ed lower?

Similarly, will it be "constructive intent" and therefore legally dangerous, or whatever the term is, to have pistol-length uppers and non-SBR'ed AR lowers in the same household even if they're never mated together?

And can I ever place a standard length (i.e. 18 inch for example) barreled upper on an SBR'ed lower and then switch the upper out to a pistol length again?

The SBR concept makes sense for me for non-modular rifles, but my understanding falls apart with AR's. I'm just trying to plan. I have a 9mm braced pistol that I will definitely apply to SBR, and I'll have to see what happens in the language with Ruger Charger's and decide what to do with those, but the AR pistols are confusing to me.

 

[WestKentucky]

I think they are confusing to everyone right now because we are all waiting on the final ruling.

Per current law, provided that you have a means to assemble legal “normal” firearms in both pistol and/or rifle form then there is no constructive intent unless you have items with which you could ONLY assemble non-registered NFA items.

Of course, current law is subject to change, whether by interpretation of the law by the commandants of the BATFE or by writtten legislation passed through proper channels.

 

[dogtown tom]

However, that said, does anyone have any indication yet, from current law or from the last proposal, whether it will be legal to register a single SBR'ed AR lower receiver and switch multiple pistol-length uppers on it? Or do I misunderstand the nature of an SBR. and the "whole rifle" is SBR'ed, one lower to each upper on each tax stamp?

Sure you can. When you Form 1 an SBR as the maker, you be asked for the overall and barrel length of the firearm you are making. Although the firearm must be first assembled exactly as you described on the Form 1, nothing prevents you from changing that overall or barrel length later. ATF does request that you notify them of any permanant changes, but its only a request, not a requirement.

Said more simply, say, for example that I currently have three pistol-length AR's, 223, 300BO, and 22LR with either bare buffer tubes or braces, each on a separate lower. Will I be able to stay legal if I register only one lower as an SBR and swap the uppers among it, being careful never to put any of the 3 uppers on a non-SBR'ed lower?

Yup, its done every day.

You can even reconfigure as a Title 1 rifle if you desire.

Similarly, will it be "constructive intent" and therefore legally dangerous, or whatever the term is, to have pistol-length uppers and non-SBR'ed AR lowers in the same household even if they're never mated together?

No such thing as "constructive intent", the term you are looking for is constructive possession. As long as you have a legal way to assemble those short length uppers you are not in constructive possession of an unregistered SBR.

And can I ever place a standard length (i.e. 18 inch for example) barreled upper on an SBR'ed lower and then switch the upper out to a pistol length again?

Yep

The SBR concept makes sense for me for non-modular rifles, but my understanding falls apart with AR's. I'm just trying to plan. I have a 9mm braced pistol that I will definitely apply to SBR, and I'll have to see what happens in the language with Ruger Charger's and decide what to do with those, but the AR pistols are confusing to me.

SBR's are about the configuration. If the shoulder stocked firearm can be configured with an OAL of less than 26" or with a barrel of less than 16" you better have a tax stamp.

 

[jmorris]

Years ago they would approve a Form 1 with “multi” for caliber in 4. c., then they started denying them. At the time, my examiner told me to list any additional caliber(s) I wanted in 4. h.

As popular terms go the BATFE is quite “fluid” as far as what they will allow. Why I keep the number to the NFA branch in my phone (304)-616-4500.

 

[berettaprofessor]

Thanks everyone; that's helpful.

 

[luzyfuerza]

You can even reconfigure as a Title 1 rifle if you desire.

As @dogtown tom points out, an AR lower that has been registered as an SBR can be reconfigured as a Title 1 rifle. Remember that when it is in SBR configuration (e.g. it is attached to a short upper), you must request permission from the BATFE to take it out of state. This is simple to do.

But when an SBR'd lower is in Title 1 configuration (e.g. attached to a long upper or not connected to any upper at all), no such permission is required.