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Thread: Legality question.

  1. #1
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    Legality question.

    If I have an ar pistol upper on a regular lower for storage without the bolt or charging handle is it legal?

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    Buckshot's Avatar
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    Quote Originally Posted by mga4848 View Post
    If I have an ar pistol upper on a regular lower for storage without the bolt or charging handle is it legal?
    Based on what I know I would say no (not legal), it would be considered a SBR and need a stamp. Does not matter if the rifle functions or not.
    I have done the research and going thru the 10 month drill (including a $200.00 fee) for getting a SBR stamp. PITA!! But this is just my opinion so
    take it for what it is worth.
    Last edited by Buckshot; 10-06-2017 at 10:32 PM.
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    Under16" barrel on rifle stocked lower = SBR. IMHO I would even avoid storing them together, as it could probably technically constitute that lame as heck "constructive possession".
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    If the lower was first married to (used for) an AR15 pistol configuration, it would be O.K., if it's first use was an AR15 rifle, it would not be legal. It also must not have a buttstock if it has the pistol upper on it and can only have the pistol buffer tube which cannot easily be equipped with the buttstock...

    It actually goes a step further - if you have an AR15 pistol upper setup and only an AR15 rifle lower, it could be considered as an intent to build a SBR, which could get you in real trouble - similar to having a full auto fire control group laying around if you have a matching semi-auto gun that it would fit in.

    Just my personal opinion, not legal advice and I am not an attorney/lawyer or educated in that field...

    Quote Originally Posted by mga4848 View Post
    If I have an ar pistol upper on a regular lower for storage without the bolt or charging handle is it legal?
    Last edited by The German; 10-07-2017 at 10:40 AM.
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    Senior Veteran Ghoulardi's Avatar
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    Quote Originally Posted by Buckshot View Post
    I have done the research and going thru the 10 month drill (including a $200.00 fee) for getting a SBR stamp. PITA!!
    actually, the process to get one is not really a PITA, filling out the form 1s 15-20 minutes, fingerprinting maybe 1/2 hour, photo couple minutes, there is no longer a requirement to get a CLEO sign off, it's just the long wait people cry about

    I did 5 SBRs and 1 SBS over a 13 year period. it's just one of those things you drop in the mail and forget it and don't think about, which is what I always did .

    if you fester yourself about it, and start counting days, weeks and months, you'll be bouncing off the walls and it's not to get to you any faster in fact, it will seem longer because your constantly fretting about it.

    I always looked at it as, "I went decades not owning one, so what is another 9-12 months?

    it's all on your attitude, in the end it was worth it












    Last edited by Ghoulardi; 10-07-2017 at 01:42 PM.
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    Senior Veteran Ghoulardi's Avatar
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    Quote Originally Posted by mga4848 View Post
    If I have an ar pistol upper on a regular lower for storage without the bolt or charging handle is it legal?
    as for MGAs question; I would store the upper somewhere else, besides attaching it to a rifle lower. OR, buy a stripped lower, they aren't that expensive...........yet. make it a pistol lower and put the upper on that.

    now, if you store your rifle in a safe, and want to utilize the rifle rack for your pistol AR, then just stick a long wood dowel down the barrel and lean the dowel in the rack. with or without the pistol lower attach.

    plenty of other ways to store a pistol upper then what you came up with, by making it a illegal SBR.
    Last edited by Ghoulardi; 10-07-2017 at 06:52 PM.
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    I'm going to say attached to a rifle stocked lower it's an SBR. I would also wish you good luck trying to convince the powers that be otherwise.
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    Senior Veteran Ghoulardi's Avatar
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    you didn't say what the barrel length of your pistol is, but if it's a 6inch here is another idea for you, get a large PELICAN case put that in it. that is what I did along with the pistol lower. a couple months ago I sent in my form 1s to register that lower into a SBR. not all that crazy about the wrist brace, I like to be able to have a adjustable stock so I can adjust it so it's more comfortable to shoot



    the other nice thing is I was able to do a couple of cutouts on the bottom of the foam for my BETA drum and 60 round mag

    Last edited by Ghoulardi; 10-07-2017 at 06:48 PM.
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    Quote Originally Posted by Milsurp View Post
    I'm going to say attached to a rifle stocked lower it's an SBR. I would also wish you good luck trying to convince the powers that be otherwise.
    Ditto

    can be a slippery slope if the gunmoonshinecigar man wants to get you, someone mentioned the KEY words..."Constructive Possession"

    store it in assembled configuration with a pistol lower....no question then

    just attaching it to a "rifle" lower IS a violation
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    Based on my watching over the years, the functionality of a weapon at the time of inspection may or may not be considered. Given that adding the BCG and charging handle is a tool-less ~30 second job for most average people I've seen, I would certainly err away from trying to claim that it's "non functional" in that form. If it was a fake barrel, solid plugged, maybe I could make a demo argument but that's still more hassle than I personally would want to take. I do not, and would not, act as you have suggedtedwith my personal collection.

    As always, on legal questions, I suggest you consult an attorney in your jurisdiction who is knowledgeable on the subject.
    PLEASE NOTE!
    No post or message by this user shall be considered legal advice or a legal opinion, and shall not constitute the formation of a client/lawyer relationship. Do not rely on this information in making legal decisions. If you have a legal questions, please seek legal council qualified to practice law in the appropriate jurisdiction.

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