Legal question - Selling my AR Pistol Upper

[DTS]

[justjeff]

No it's all him

[stix213]

Sounds like someone to stay away from regardless of the legal implications on you (I think you're fine though). Anyone who would freely admit they intend on committing SBR constructive possession, both a CA and federal crime, is not someone I'd think you'd want to deal with.

Or do they just not understand?

[soopafly]

VERY IMPORTANT PIECE OF INFO MISSING:

Does he possess an AR style *RIFLE* lower that the 7" upper will fit to?

If not, he is in no legal peril either.

Possession of (7" AR upper) + (AR rifle lower) = SBR constructive possession

Possession of (7" AR upper) + (no AR rifle lower) = GTG

[CHS]

VERY IMPORTANT PIECE OF INFO MISSING:

Does he possess an AR style *RIFLE* lower that the 7" upper will fit to?

If not, he is in no legal peril either.

This. Sort of. There is no such thing as a "rifle lower".

He doesn't JUST have to own a pistol lower to be out of hot water. As long as he doesn't own any complete rifles, then he is ok.

If he has stripped lowers (regardless of long gun DROS), or no lowers, he's good to go.

But at the end of the day, an upper is parts. Parts is parts.

[CHS]

YES because he is a LEO
does that change anything?

Nope. LEO's are not exempt from SBR laws except while specifically on duty and/or with issued guns.

But it's just as much a felony for a LEO to build an SBR without paperwork as it is for you and I.

[thetaxman]

Or he has a legally owned SBR through an out of state trust?

I feel the need for another flow chart.......

[jm838]

This. Sort of. There is no such thing as a "rifle lower".

He doesn't JUST have to own a pistol lower to be out of hot water. As long as he doesn't own any complete rifles, then he is ok.

If he has stripped lowers (regardless of long gun DROS), or no lowers, he's good to go.

But at the end of the day, an upper is parts. Parts is parts.

What about "once a rifle always a rifle". We have to remember that ATF has an opinion on these things. If the lower ever had a stock attached couldn't that be a problem even if it is stripped?

[CHS]

What about "once a rifle always a rifle". We have to remember that ATF has an opinion on these things. If the lower ever had a stock attached couldn't that be a problem even if it is stripped?

A receiver doesn't become a rifle unless and until it has BOTH a buttstock and a rifled barrel attached.

For example, you could use a complete LMT receiver (which only ship from the factory complete with buttstocks) to build an AR pistol with, as long as the buttstock was removed prior to installing an upper with a rifled bore.

The ATF is also of the opinion that "modular" receivers such as an AR15 receiver can be used to build modular firearms like a combo pistol/rifle package, as long as the receiver didn't ship from the factory in a rifle configuration.

"Once a rifle, always a rifle" really only applies to things that actually shipped from the factory as a rifle with rifle FET paid. The ATF has backed these statements with fairly recent letters.

[Kharn]

As long as he doesn't say "Wow, this is gonna look sweet on my unregistered SBR!" you're good to go.

[itisagoodname]

So basically... if you have a registered AR rifle, make sure your 80% lower is complete before purchasing a barrel < 16"?

Or should you go out of your way and actually PURCHASE a pistol lower to have pistol uppers on hand?

If you are building a pistol from just parts it's probably wise to save the barrel until last. All other parts in the assembly process shouldn't have any other special laws/rules applied to them.

[CHS]

So basically... if you have a registered AR rifle, make sure your 80% lower is complete before purchasing a barrel < 16"?

Or should you go out of your way and actually PURCHASE a pistol lower to have pistol uppers on hand?

If you are building a pistol from just parts it's probably wise to save the barrel until last. All other parts in the assembly process shouldn't have any other special laws/rules applied to them.

Not sure what you mean by a registered AR rifle, but if you are IN PROCESS of manufacturing a lower from an 80% (or 60%, or 0%, whatever) then you shouldn't have anything to worry about. You have a legal outcome with the combined sum of your parts.

[Indiana1608]

...

[Lostsheep]

Sorry guys for raising questions about my credibility. There were no bad intentions on my part and I had no clue that owning one complete rifle and a separate short barrel upper was a "No, no." To my belief and understanding that as long as the pistol upper was not attached to a lower, therefore completing the build, it would not be illegal for me to own such part. I had no intentions of building a SBR because I'm absolutely aware of the consequences and would never risk my job and livelihood for such a thing. My plan was to convert my already lawfully owned and registered AR-15 rifle into a pistol and have it registered within the state and federal laws as such. Since it has raised such a stir, I have decided to hold off, do some more research, and then think more carefully about beginning such a project. Thanks again to DTS for his time and all of you for your knowledge and opinions. Take care and be safe!

Good idea!