Could this possibly lead to intent?

[1911Shooter]

Ok I have talked to quite a few people about this and have gotten mixed results. If I were to buy an AR pistol with say an 8 inch upper and I also owned an AR with a 16 inch upper, do I have intent to build an SBR? Many people say yes because I have a complete lower and also a complete 8 inch upper in the same house, so it could very easily be turned into an SBR. I know to own an SBR you have to do all the class 3 forms and have the stamp, but do I technically have an SBR? I would have the parts to build one, but they arent put together that way.

The other side says no because of the way they are assembled but they also suggest that I never pull them both apart at the same time or take them out at the same time. I have even talked with cops about this and they have mixed feelings. So everybody give me your thoughts on this subject. Also sorry if this has been mentioned on here a lot, I havent seen it but I also didnt look for it to hard.

Thanks

 

[kevinj110]

If you have a complete built 16inch or longer AR15 and bought a 8inch complete AR15 pistol you have 2 completely legal guns to own. The only thing I would see as a problem is if you put the 8inch upper on the 26inch lower making an illegal SBR. I am not a lawyer and I didnt stay at a Holiday Inn Express last night.

 

[dboz]

It SHOULD NOT constitute intent because you own the complete pistol lower. It would be different if you owned the 16in rifle, and bought only the 8 in upper, because then you would be trying to convince the athorities that you "were going to build a pistol, but just had not gotten around to finishing it yet"

I am sure someone else will help with this topic, but I thought that BATFE just clarified the laws because of this exact issue.

Some more help please

 

[JoshuaW]

Not as long as you own two complete rifles. If you sold the pistol lower, then yes.

 

[redpitbull44]

There is something else to consider. I've read several reports that we can have ONE lower, a short barreled (pistol) upper, and a regular barreled (rifle) upper, you just have to change to a pistol buffer tube before you install the SB upper on the lower. I do not know if it is true or something somebody made up. It's just something I've heard changed rather recently.

 

[alfahornet]

NO. Because you have a legal configuration for each firearm. Now if you were to dissamble them and place all the parts in one box it would be a gray area. But as long they're assembled and separate you're fine.

 

[1911Shooter]

Thanks everyone for all your help. I think I will probably go ahead and pick up an AR pistol then. My idea is to pick up a pistol and leave it that way until I have the extra cash for the stamp and then change it over. This way I would already have everything I would need and I could also have another gun out of the deal, and if I change my mind on creating an SBR then I dont have to worry.

 

[Dirc]

What a minefield. I wish the NFA laws weren't so arbitrary in so many cases.