I am assuming without clear understanding that an SBR Tax Stamp is associated with a specific lower receiver S/N in the case of an AR with a barrel shorter than 16". I have also read that written permission is required to transport said firearm across state lines.
Since AR uppers can be swapped out as quick as I can change my under ware, does that preclude using the same AR lower with SBR tax stamp as a rifle when a 16" or longer barrel upper is attached? Would it require written permission to transport said lower across state lines in rifle configuration?
If you have the tax stamp, you can use any upper you want. If you no longer use/have the upper making the firearm an NFA item, you should, but to my knowledge, is not required to contact the ATF. This is covered under several other threads, most recently here.
Part of the application on the form that gets the tax stamp is firearm’s length/measurements. It is Ok to put a range in there if it’s a multiple uppers gun for example you can write in 18-23” in length. Same for caliber, you specify multiple.
Currently from the posted letter of intent and open remarks letter post by the ATFE, It is currently talking about the brace being used on pistols. The ATFE has only approved two braces. The original letter sent to, I believe it was two companies was a cease and desist order in the continuing of selling assempling of 24 other types of braces. These are being questioned as to their use as a stock. The have a four page letter describing some of the specifics and are looking for comments until January 4th 2021. [Letter of intent and open for remarks by civilian and componant manufacturers.](Federal Register :: Objective Factors for Classifying Weapons with “Stabilizing Braces” devil is in the details of the letter. It does not specifically list the braces in question. They do give an option for more specific at a later date. My guess would be some time in the first 100 days of the new P/VP take office. Mr Biden has already met with the current ATFE Executive. Only 4556 have replied as of this time. Not enouigh to sway this entity in the right direction. Changes in ATFE Documents regarding “Braces”)
My concern is, they are offering a wave of fee if you pistol/SBR falls under the very wide open description. But it sounds like there are a couple of options. I could convert to a rifle, Register it with ATFE with a proposed waived fee, as a NFA/GCA Item, remove the offending part, or disassemble it. Then the question comes will they change the law again as a Nationally registered weapon, will they come a knocking and seize it under some new change. Then it begs the question, If I write and ask the questions or challenge it on Constitutional Grounds,will they demand i surrender it as a registered. A question for the legal team of USCCA?
@Gary_H I think to answer your question you have to look at a couple of scenarios.
Yes the SBR stamp is assigned to ONE receiver. If as @Enzo_T points out you filled out the paperwork to encompass a variety of lengths and calibers you would be good. Yes there are restrictions and hoops to jump through to cross state lines (a closer look at the caveats is in order )
NOW the point of contention comes in, if you should be one of those lucky enough to have an SBR and a regular old AR-15 and they happen to be in the same place at the same time you COULD be in"Constructive Possession" of an unlicensed NFA weapon. In that, should you get your lowers mixed up, you COULD put the 7.5" tube on the rifle lower and therefore be in violation. Not that you would, Not that you did, BUT YOU COULD. This is a similar rabbit hole that the ATF has used to prosecute a felon that lives with an non felon that owns a gun.
I do not have a good answer as to how to fix that issue. Similarly if I have a barrel wrench and vice blocks and a 7.5" tube am I in “Constructive Possession” just to OWN a 7.5" or 10.5" or 14" tube and gas parts? Further down that rabbit hole, if I have my SBR and my buddy brings over his “regular” AR-15 are we BOTH in violation. As you mention they can be swapped out faster than changing under britches. Further down the rabbit hole would leave all of those with a pistol and a rifle in “Constructive Possession” because of what we COULD do and that is before we start talking multiple uppers and different calibers. The lid is being lifted on Pandora’s Box and it ain’t pretty for AR owners.
Not mention all this nonsense for a platform NOT used to commit most crimes. The AR platform is probably one of the least used platforms for crimes. Especially when you get to the Pistol or SBR size weapons. At the end of the day it will do absolutely nothing to stop, slow down or hinder in anyway a criminal from doing criminal things.
So my question to the ATF is if it’s not about money or registration then what is it about.
That’s some interesting feedback and quite concerning. We really need to understand why is this such a threat. Is it because the government is going to do something stupid on their own or is it because China is buddies with Canada now and can launch an invasion from Canada and of course armed citizens would create casualties for them and we can’t do anything to interfere with China now can we? Enough speculation…
I found a 16" upper for mine already. So basically if the pistols become illegal I can swap the upper and should probably “lose” the 7.5" upper somewhere until Republicans gain power again?
That’s what I’ve done. Disassembled and put rifle components on. If I can be charged for a potential violation then I give up(so to speak). I’ve tried to play by the rules but I’m not gonna keep chasing goal posts.
Just my opinion so please take it as that. If you fear for what ifs and coulds as to the possession of possible NFA parts unassembled or merely lying around, you shouldn’t have them or contemplate a SBR or any stamp required item. I’ve had conversation with the atf and the concern was (at that time, long ago) unfounded.They weren’t nit-picking the legal registered items. Just know that the item(s) is registered and can be scrutinized by an agent. Never had that happen to date. Do I fear that? Nope
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