If I buy an SBR as a whole gun, can I take possession of the upper?
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Thread: If I buy an SBR as a whole gun, can I take possession of the upper?

  1. #1
    Distinguished Member 7.62Kolectr's Avatar
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    Question If I buy an SBR as a whole gun, can I take possession of the upper?

    So I'm curious, if I buy an SBR as a whole rifle and it gets transferred in via form 3 to my dealer. Can I take possession of the upper while we wait for form 4 to be approved? Or does it have to stay 'whole' until stamp comes back?
    For those that may ask I do already have possession of a registered SBR so being in possession of another SBR upper would not in and of itself be illegal. But I just wonder if upper (non serialized part) and lower (the actual registered serialized part) have to stay together until final approval if original configuration was as a whole gun?

    Would be nice to be able to use the upper on another lower while I waited for the lower to that upper to be approved.
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    I don't have a proper answer for you, but my last can came with a muzzle brake and a few other parts and tools. I had some discussion with one employee as to weather or not it was mine yet. I told him of course it was, its paid for and therefore mine, I just can't take possession of it yet. I ended up leaving the store with everything but the suppressor itself.
    I wonder with the rifle if the LGS may site some warranty issue with separating the halves. Makes since to me that you should be able to take it home as you could just as well go home and buy a pistol upper and have it shipped right to your door. However I really don't know what the ATF has to say about it, most likely they don't either.

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    I suppose you should ask your dealer if he will release it to you, if not, your basically SOL.

    The only thing that is initially registered is the serialized lower with a xx inch upper.

    Would be nice to be able to use the upper on another lower while I waited for the lower to that upper to be approved.
    A SBR registered lower? Yes that is legal. On another lower, nope.


    Also, the ATF will have a huge problem should they discover you have an extra (without companion upper) lower laying around. ETA: Maybe...the Thompson Center case may have changed that......I'm not up to date on the SBR 'regulations'.
    Last edited by notalawyer; 12-21-2015 at 12:28 AM.

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    Distinguished Member 7.62Kolectr's Avatar
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    He said he didn't have a problem with it.
    I'll let him keep the lower until the stamp comes back and take the upper home.
    That's what I'd like to do. I could put it in the lower for my .300blk SBR and shoot it while I wait for the lower to be able to be released.
    I can see there may be a problem if I didn't have a registered lower or pistol lower already. But that is not the case.
    ¥ The origin of your right to keep and bear arms ¥
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    Quote Originally Posted by Blanca Busa View Post
    He said he didn't have a problem with it.
    I'll let him keep the lower until the stamp comes back and take the upper home.
    That's what I'd like to do. I could put it in the lower for my .300blk SBR and shoot it while I wait for the lower to be able to be released.
    I can see there may be a problem if I didn't have a registered lower or pistol lower already. But that is not the case.
    Yep, I just went a looked it up. The Thompson Centerfire case in 2010 forced ATF to change their unlawful regulation. Now as long as you have at least one lawful method to assemble the parts (an already registered SBR or MG, or even an AR pistol), you're good to have as many shot uppers as you want.

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    Distinguished Member AFJuvat's Avatar
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    Quote Originally Posted by notalawyer View Post
    Yep, I just went a looked it up. The Thompson Centerfire case in 2010 forced ATF to change their unlawful regulation. Now as long as you have at least one lawful method to assemble the parts (an already registered SBR or MG, or even an AR pistol), you're good to have as many shot uppers as you want.
    Common sense, in our ATF? Is it a Christmas Miracle?

    Now if they would just lose those silly "constructive possession" rules.
    To speak without thinking is to shoot without aiming.

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    Distinguished Member 7.62Kolectr's Avatar
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    Good thanks NAL. I want to take it home so I can swap the FH for a muzzle brake suppressor attachment I have already for it.
    Maybe get an optic for it as well and have it all ready to go for when the stamp comes back.
    ¥ The origin of your right to keep and bear arms ¥
    http://constitution.org/lrev/rkba_wayment.htm
    COTEP#782

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    Quote Originally Posted by AFJuvat View Post
    Common sense, in our ATF? Is it a Christmas Miracle?

    Now if they would just lose those silly "constructive possession" rules.
    No, just a federal court ruling.

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    Super Moderator edgehill's Avatar
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    Quote Originally Posted by Blanca Busa View Post
    Good thanks NAL. I want to take it home so I can swap the FH for a muzzle brake suppressor attachment I have already for it.
    Maybe get an optic for it as well and have it all ready to go for when the stamp comes back.
    I'll bet that you're the kind of person who opens presents on Christmas Eve too.
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    Distinguished Member 7.62Kolectr's Avatar
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    Quote Originally Posted by edgehill View Post
    I'll bet that you're the kind of person who opens presents on Christmas Eve too.
    ONLY ONE!
    They make me wait till the next morning for the rest.
    ¥ The origin of your right to keep and bear arms ¥
    http://constitution.org/lrev/rkba_wayment.htm
    COTEP#782

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