Short Barrel upper

[SDProtection]

I think I know the answer to this, but wanted to ask all you guru's.

I had a guy call me today and was trying to buy an AR upper from out of state FFL. they wouldn't send it to him and said only to an FFL. At first I was a bit surprised then I learned he was trying to buy an upper with a 11.2 inch barrel and as planning on adding a 5 inch flash suppressor to get the barrel to legal length. My gut says that won't work as he would have to buy the upper first which is a NFA issue then modify it. However to modify it he would have to take possession of it and add the suppressor and somehow permanently affix it. So, I am assuming the FFL with the upper meant he had to get an FFL with an AW license.

Am I going down the right road here in my thinking. If nothing else, just trying to learn and make sure I have my info right.

Thanks.

[Buck Mossie]

The upper, in and of itself, is not a controlled item...

B

[Turo]

Nothing illegal about buying a <16" upper. The "firearm" is the lower receiver, and needs an FFL to transfer it. The upper is just parts which can legally be shipped directly to the customer.

[IrishPirate]

he'd need to make it at least 16" before it goes on a rifle, but there's nothing wrong with having the barrel be sub-16". Also, not to screw with your business but he doesn't need an FFL to order it (unless the seller is requiring it). he can have it shipped right to his door.

i plan on having an extra once i build by AR for when the zombies come and laws don't matter

[ke6guj]

correct, the upper is not a controlled item, but if the buyer takes possession of it while it is still <16" and has a rifle lower (and no pistol lowers), then he has constructive possession of an SBR, per CA and federal law.

[SDProtection]

correct, the upper is not a controlled item, but if the buyer takes possession of it while it is still <16" and has a rifle lower (and no pistol lowers), then he has constructive possession of an SBR, per CA and federal law.

That was where I was going with this. Some the the prior responses are splitting hairs and walking the fine line of the law. I don't care what the guy does, but I am trying to figure out what I can do to help, but not contribute to his (or more importantly....MY!) going to jail.

As it stands, the way he is setting up this transaction, he would be in posseion of a SBR until he goes and adds a flash suppressor to it "permanetly". Actually, for that matter, so would I...wouldn't I? (from the time it comes in to the time he would pick it up)

It is the decision of the out of state dealer to require to send it to and FFL. I really don't want the headache, but since this has come across my plate, I am trying to figure it out and learn from it.

[ke6guj]

if you have AR rifles and don't have any AR-pistol lowers, yes, it could be argued that you have constructive possession of an SBR. Could you argue that you were acting as a middleman to get the buyer his upper, and that it never belonged to you, so tht you never intended to make an SBR, yes, but you might have to argue that position in court.

I'd suggest asking some of the other OLL-friendy dealers what they do in this situation. There might be an exemption I don't know about.

I know of one gunsmith who owns an AR pistol, mainly to give himself an "SBR exemption" while he has <16" uppers being worked on.


basically, it sounds like the seller may be pushing a possible felony onto you since he doesn't want to send the upper to the buyer directly. If it were me, I'd tell the buyer to find another way to get the upper, to not involve me (unless I had an AR-pistol to cover myself or had no rifle lowers in my possession.)

[tenpercentfirearms]

If your shop doesn't have any pistol lowers or complete AR pistols in stock, you might have constructive possession if you receive any less than 16" uppers into the store. I just got in some AR pistols so I am good to go, but are you?

The customer cannot possess a less than 16" upper and an AR15 receiver at the same time. That is constructive possession. Now if the guy had an AR15 pistol and some spare less than 16" uppers, that would be legal.

Basically I wouldn't want to touch it with a ten foot pole if it were me. If you receiver merchandise for a customer from another retailer, the BOE could argue you were the actual retailer and you might be liable for sales tax.

There is just so much wrong with this. I would politiely decline and ask the guy to find a dealer that knows the law and knows sending you a less than 16" upper is not illegal, but that the customer very well might be doing some federal time over it.

[CHS]

If an FFL has a ton of receivers, then it doesn't matter what length uppers he has, since receivers are virgin and can be built into a pistol or rifle.

The end user might have an issue though with the constructive possession, which was already discussed.

Hell, even as a consumer in CA, if you own a stripped lower receiver you won't have to worry about Federal constructive possession of an SBR with a short upper, since Federally you can legally build a pistol with that combo.

The only constructive possession the consumer would have to worry about is CA's law. Maybe it doesn't bite as nasty as the Fed's, but it will still bite.