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Longer uppers on a SBR legal to move across state lines

1487 Views 5 Replies 4 Participants Last post by  Michael Black
I'm working on my 308 SBR project currently waiting on a stamp form the ATF. It then dawned on me that if I'am running a 12.5 upper on it, I will have to notify the ATF that I want to move it across state lines. Now my question for anyone who can answer this is, If I put on a upper that is longer than 16 inch ie 18, 22 etc. Do i still have to notify the ATF that I'm taking the my SBR'd Lower out of state?

To my best knowledge, the SBR lower is not considered a NFA up if it barrel length and overall length are out of the limits set by the BAFT NFA.
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I would get it in writing from BATF. They have a habit of saying one thing then changing their mind and doing another. It may even be covered in the FAQ section on their website.
I never trust supposition and "I think" with those people.
 
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Discussion Starter · #4 ·
Well I followed up with my favorite SOT for question and got a answers of yes. At the same time I left a message for the ATF about the question at hand. a few days later I got a call form them. They had to talk to their legal team first, to which they had to deliberate over the GCA and NFA laws and legal definition.

They said I can do it as long as the state that I'm traveling to is legal to have a title 1 firearm such as a AR15. So that means I don't have to buy a new lower and build from there. I can just have multiple uppers. As for a letter on hand the have documented this interesting question and all you need to do is call them up if you run into anyone or LEO's that may not know about it.
 

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The lower is what is registered as an SBR. If you have the SBR upper on it than atf notification is required. If you put an upper on it with a barrel length of 16 inches or greater than no notification is required since it is no longer an SBR. Just do not carry the SBR upper with you. Leave it home.
 

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Discussion Starter · #6 ·
The lower is what is registered as an SBR. If you have the SBR upper on it than atf notification is required. If you put an upper on it with a barrel length of 16 inches or greater than no notification is required since it is no longer an SBR. Just do not carry the SBR upper with you. Leave it home.
Yes this is true its answers above. the last part of your messsage is very important too.
 
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