So a buddy of mine and i was talking about ordering some barrels. BCA has them $165-200 complete uppers I mentioned a 10.5” would be handy for in the house or real close up stuff. He said that it would be illegal as under legal length So if it isn’t on a gun is it legal and if illegal how can they sell them Thanks
We might have to be neighbors, but I don’t have to be neighborly. John Chisum
The legal part is on the guy who puts one together with that barrel, not the seller. Personally, I consider prison to be very un-handy.
You could make one into a rifle if you weld on a 6” flash hider or brake so it can’t be removed, but better get that welded before you have a lower in hand that could be assembled into an SBR with it. Then, there’s the muzzle blast to consider…..
I’m looking or thinking of having the upper in my safe not attached for when shtf If it isn’t attached to a lower ,,,,,,,and if ur not out brandishing in public what’s the foul?
We might have to be neighbors, but I don’t have to be neighborly. John Chisum
I’m looking or thinking of having the upper in my safe not attached for when shtf If it isn’t attached to a lower ,,,,,,,and if ur not out brandishing in public what’s the foul?
If you have a lower and the short upper - they consider that "intent to construct" and you need to have the SBR tax stamp. - or so I understand it.
In your case - no harm/no foul so long as LEO NEVER EVER enters your home EVER and sees it/finds it and you never ever remove it from the home where someone might see/find it.
Reminder, LEO might be in your home for a reason not related to the firearm...
So if it isn’t on a gun is it legal and if illegal how can they sell them
It's perfectly legal to own, just buy it if you want it. Do not put it on anything but a pistol lower, unless you pay a tax stamp to SBR it. Pistol lowers are still legal as long as you don't have a pistol brace attached. Setting it up as a pistol with an RDS works great.
I’m looking or thinking of having the upper in my safe not attached for when shtf If it isn’t attached to a lower ,,,,,,,and if ur not out brandishing in public what’s the foul?
It’s always smart to rely on a completely untested piece of gear when the SHTF.
I’m looking or thinking of having the upper in my safe not attached for when shtf If it isn’t attached to a lower ,,,,,,,and if ur not out brandishing in public what’s the foul?
"Accumulative construction" I think is what the feds call it. If you have all the pieces, assembled or not, in your possession, to put a SBR together, they can / will charge you with possession if an unregistered SBR. Legally, from what I've been told, you can't even have the sub- 16 inch barrel in you possession while you're waiting on a tax stamp, if you don't have a dedicated pistol lower to put it on.
Do like Montana Marine said, get a pistol lower, no brace, and you should be good to go. Or, do the paperwork and get a tax stamp for a SBR. Either way, a couple hundred bucks is cheap compared to what the penalties would be if by chance the law would happen to come knocking for whatever reason.
And one more thing..if you get a 10.5 inch upper, invest in some quality hearing protection.
Last edited by GaryLL1959; 08/22/23. Reason: Added comments
"...and he that hath no sword, let him sell his garment, and buy one." Luke 22:36
And one more thing..if you get a 10.5 inch upper, invest in some quality hearing protection.
Trying to fight with one of those, especially indoors, without earpro would be a very very bad idea. If you really want a shorty, get a .300 or a pistol caliber upper, and a can.
At the range, I can always tell when someone breaks out one of those stubbys, even when I’m yards away on one of the rifle ranges. I wait for a pause, then double up on the earpro.
10.5" is legal for: pistol, SBR, or machinegun receivers.
The potential issue is referred to as "constructive possession". If you own a pistol, SBR, or MG receiver you can have a drawer full of 10.5" uppers with no issue......so long as you do not assemble any of them using a Title 1, non-NFA rifle lower.
Long ago I used to worry about having a Title 1 AR-15 in the same place as a pile of shorty uppers. But it's a non-issue......again.......so long as I do not mount a shorty upper on a Title 1 AR lower.
Constructive possession is more an issue with other platforms.
and if you go the SBR route, don't forget to always have that paperwork with you. If you travel, I believe you have to inform every state you plan to go through. I can't see having a short barrel worth the crap you have to go through. Yeah, I have one. lol
I’m looking or thinking of having the upper in my safe not attached for when shtf If it isn’t attached to a lower ,,,,,,,and if ur not out brandishing in public what’s the foul?
Best thing to keep quiet if one plans to do these things.
No questions on the net is a good place to start. Paying cash for said barrel through a shop is another good idea.
The last time that bear ate a lawyer he had the runs for 33 days!
Every federal gun law or ATF rule ever passed or made violates the 2nd and the 10th amendments, every state gun law passed violates thee S.C. decision Marberry vs.Madison. Can't believe folks are complying with this BS
If your going through hell, keep on going, don't look back, If your scared don't show it. You might get out b'fore the devil even knows your there. (Rodney Atkins)
Every federal gun law or ATF rule ever passed or made violates the 2nd and the 10th amendments, every state gun law passed violates thee S.C. decision Marberry vs.Madison. Can't believe folks are complying with this BS
Doesn't matter how much money the government pays you after the ATF kills your dog, your son, and shoot your wife in the face. They are still dead.
Last edited by antelope_sniper; 10/16/23.
You didn't use logic or reason to get into this opinion, I cannot use logic or reason to get you out of it.
You cannot over estimate the unimportance of nearly everything. John Maxwell
If you have an existing "pistol", is it difficult to do the paperwork to get the tax stamp to put a brace on it? Anyone done it?
Not really difficult, go to a shop that sells NFA stuff and see what they will charge you to do your fingerprints and photo while helping you fill out the Form 1 e-file. If you follow some forums that specialize in NFA, most of them have step by step instructions that are fairly easy to follow, you can get your fingerprints done at most sheriff offices and mail them in. But do the form 1 e-file. They are taking about 45 days while paper forms are taking much longer.
I hate paperwork so I paid $75 for them to do everything at my local shop. Just made a regular carbine into an SBR, paid my $200 tax stamp and was done.
edit; don't put a stock on it until you get approval.
Every federal gun law or ATF rule ever passed or made violates the 2nd and the 10th amendments, every state gun law passed violates thee S.C. decision Marberry vs.Madison. Can't believe folks are complying with this BS
Doesn't matter how much money the government pays you after the ATF kills your dog, your son, and shoot your wife in the face. They are still dead.
so where is your line in the sand? when they load you in a railcar?
If your going through hell, keep on going, don't look back, If your scared don't show it. You might get out b'fore the devil even knows your there. (Rodney Atkins)
Every federal gun law or ATF rule ever passed or made violates the 2nd and the 10th amendments, every state gun law passed violates thee S.C. decision Marberry vs.Madison. Can't believe folks are complying with this BS
Doesn't matter how much money the government pays you after the ATF kills your dog, your son, and shoot your wife in the face. They are still dead.
so where is your line in the sand? when they load you in a railcar?
Go ahead and post pics of your unregistered NFA stuff. What could possibly go wrong?
You didn't use logic or reason to get into this opinion, I cannot use logic or reason to get you out of it.
You cannot over estimate the unimportance of nearly everything. John Maxwell