Switching Uppers

[sig228]

I'm sure this is a no brainer for some of you NFA folks, but not for me. I prepared a Form 1 and received my tax stamp about 60 days later. Woohoo!!!
Anyway, my Form 1 indicated a 7" barrel length. Basically all I did was put my RRA 7" barrel pistol upper on my now registered lower. ( I still have the pistol lower, fwiw). So what if I want to buy a 10" barrel upper now? I know the possession of the upper is not an issue in itself, and I am aware of the constructive possession rules and all (which I don't believe apply in this case), but what if I am asked to show my tax stamp while in possession of my registered lower with a different upper? Is that going to be an issue?

Just out of curiosity, what if it was reversed? 10" on Form 1, but using a 7" barrel upper?

Thanks in advance.

 

[UnknownGunMan]

The 7" barrel should be the "shortest" barrel that you can legally use. Since the receiver is already NFA you could probably slide buy using 10 1/4 or 11 1/2" barrel, as the receiver is the SBR, not the barrel. (NOTE: If they ATF is out to get you, and they are targeting you, it really doesnt matter what you have or what your stamp says.

When I register my SBR's, I put various lengths on the Form 1, just to cover that grey area. I also list the various calibers that I may/may not use, just to be on the safe side.

I register the receiver barrel length as 7 1/2, 10 1/4, 11 1/2, 14 1/2, with .22LR, 9mm, 223, and 6.8 as the calibers. ATF doesn't like it, but do accept it, they will NOT accept you just writing MULTICAL on the form as the caliber, I had one Form 1 returned because of that.

I'm not an expert, but think you'd be able to slide with that one.

 

[TheCol.U.S.M.C.]

unknowngunman What ???

The 7" barrel should be the "shortest" barrel that you can legally use.

never heard that one are you tring to say if you register your SBR with 7" on the from you cant change it to a shorter one mabe a 5"

I think you may want to look that up.

Sig228 as long as you have the 7" upper and you are just temporally swapping uppers I dont think you have anything to worry about. now if you are going to permanentlly change your SBR you have to send a letter to the ATF I'm not a 100% on what form or letter you send them but you could check there web site

 

[wildman6809]

"Sig228 as long as you have the 7" upper and you are just temporally swapping uppers I dont think you have anything to worry about. now if you are going to permanentlly change your SBR you have to send a letter to the ATF I'm not a 100% on what form or letter you send them but you could check there web site "

this is also how i understand the case to be. as long as the changes are not permanent then you can change it with out notification

 

[RCArms.com]

I've always sent the NFA branch a letter asking them to update my Form 1 with my letter indicating the barrel length and calibers that I am intending to use. I typically receive a confirmation letter back from them in about 90 days.

Pretty simple and keeps me in compliance with the law.

Don

 

[Aaron Baker]

As far as I see it, you need to think about this in terms of what is legal and what is not legal.

The ATF is an administrative agency. They enforce the laws passed by Congress, as well as the administrative regulations that Congress empowers them to create in order to fulfill their statutory duties.

The law says you have to pay a tax stamp to have rifle with a barrel less than 16 inches. Unless someone can point to another specific regulation or law that applies, I am not aware of a statute or a duly enacted regulation that says you can't change the length once the firearm is registered as a short-barrel rifle.

Just because the ATF says "We'd sure like you to tell us if you change lengths or calibers" doesn't make it law.

With that said, the conventional wisdom is that you can change calibers or barrel lengths (either shorter or longer than specified on the Form 1 or Form 4) without telling the ATF anything, as long as the change is "temporary," which I would assume means you keep the original upper. But if you make the change "permanent," then the ATF wants you to notify them in a letter.

There's no form for it because it isn't a legal requirement, as far as I know.

With all that said, although I'm a lawyer, I haven't researched every regulation, and I'm not YOUR lawyer. But I do own an SBR AR15, and I do change uppers sometimes, while retaining the original configuration upper.

Aaron

 

[TexasRifleman]

The 7" barrel should be the "shortest" barrel that you can legally use.

Gonna have to ask you to cite that law because that's the first time I've EVER heard that one....

The law says you have to pay a tax stamp to have rifle with a barrel less than 16 inches. Unless someone can point to another specific regulation or law that applies, I am not aware of a statute or a duly enacted regulation that says you can't change the length once the firearm is registered as a short-barrel rifle.

That is the way I have always understood it as well. ATF caused this confusion too by their own hardheadedness. At one time they would accept a Form 1 with "less than 16 inches" or "3-16 inches" etc in the barrel length portion of the form. Every SBR Form 1 I have says "less than 16 inches" for barrel length. Sometime within the last couple of years they started rejecting forms without specific numbers on them.

Last I heard was that if you write small and put as many lengths as you think you might use on the form it would get approved. Don't know if that's the case still or not.

 

[jmorris]

Keep the upper that you stamp with and you will be OK. Swap is fine just have what you listed on the stamp with you.