Do I Need To Register An Upper Receiver

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title sums it up, but can one buy a sub 16" barrel without a class 3? i know in that location are pistol ar's only what almost simply an upper. am asking cause my friend told me most an commodity in the newspaper about a guy who "legally" had a sbr and it simply became "illegal" when he put the upper and lower together.
-Pat
Yous tin can buy an upper without holding a FFL and beingness a Special Occupational Tax Class 3 dealer. Only a DEALER in National Firearms Act, Title II regulated firearms needs to become Class 3 licensed.
At that place is no license to Ain Title II - regulated firearms like machine guns, curt-barreled rifles, short barreled shotguns, AOWs, suppressors, or destructive devices.

I think the question you're really trying to ask is, tin a person own a SBR upper without registering the weapon it goes on with the BATFE as Title 2 regulated?

The answer is, "probably." If you own an AR-15, and likewise buy a sbr upper, y'all don't have to register it unless you are going to install that upper on the gun. (You must have your tax postage in hand, approved, earlier you assemble the two.)

Now, if you own an SBR upper, and a lower with no top, that makse some folks very nervous. In that location's a concept chosen "Constructive Intent" that is said to apply. The idea beingness, if you lot have all the parts and it only happens to be in disassembled condition, information technology's still an unregistered SBR.

This is not cut and dried. There don't seem to be many (any?) cases of folks being nailed for this with ARs. (At that place ARE cases of this happening where folks had all the parts for a full-machine M-xvi conversion and a receiver modified to concord them, and got busted for possession of an unregistered auto gun.)

The bulk of wisdom from folks who have done this is that y'all tin can buy the upper alee of time and just store it away while you wait for your postage. Just don't get together it until you have your approval in hand.

-Sam
Simply the upper? You tin have information technology shipped to your firm or you tin walk in and out of the store without filling out the 4473, considering it is not a "gun".
You can buy the upper, yes, but if y'all are not ownership information technology to put on a pistol or SBR registered lower, at that place is no good reason to have it.
If you accept the short upper, a non-registerd rifle lower, and no pistol or registered lower, you tin potentially become into hot water.

The safe play is to non buy it without owning a lower on which a legal installation could exist done.
A short barreled upper is perfectly legal to purchase, but possessing one without having either a SBR-registered or AR pistol lower could fall under the ATF's 'constructive intent' umbrella.
There is no "Course 3" license to buy one, you would instead need to file a Form 1 (Application to Industry) for a short barreled rifle, and pay a (one time) $200 revenue enhancement.

Personally, my dealer is holding on to my 11.5 upper until the Form ane comes dorsum from ATF.
Pay attention to this. "constructive possession" is one of ATF's unscrupulous and often used prosecution tactics.
As has been said, y'all can buy a sub-sixteen" barreled upper without having to do annihilation special.
Now, owning a sub-16" upper WITHOUT also owning the means to assemble it to a pistol or registered SBR lower receiver shows (what the ATF calls) "constructive intent", even if it is not installed on a rifle lower receiver. Do some research on AR pistols, SBRs, and "constructive intent" and its consquences. Permit your conscience (and the law) be your guide.
The last SBR I did I assembled every bit a pistol until I received my canonical grade one back then just swapped the tube for a stock.
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I know guys that take bought the upper and had it shipped to their non AR owning parents and/or friends firm till they got their form ane back. FWIW I just wait till I accept the grade ane before I society the short barrel. I like going boring on these projects. Snap purchases normally cost more well thought out ones.
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The common misunderstanding about having to have a "class three" license needs to be addressed.
To own common NFA items you don't have to exist a "dealer" or accept a "class three license".

Yous pay for your item, fill out the forms, write your bank check for the $200 (or $5) tax and mail the forms and cheque in to ATF. You expect. The ATF does their checks and eventually approves yous. Yous become your taxation postage in. You pay your FFL for helping out. You get your suppressor, SBR, transferrable automobile gun, SBSG, AOW, whatsoever and you become have fun.
Like stated, yous tin can merely society a 14.five or eleven.5 inch upper and ship it to yourself. I know people that have them, simply they have had to permanently fix a flash suppressor or other attachment to the barrel to make information technology 16" and non exist an SBR. In fact, a friend is coming over correct now then I can pin/weld a restriction on his 14.5" upper.
This tells me that what you lot're probably request is whether or not there is some kind of end run or trick to avert the normal constabulary and legally possess an SBR without the application process and tax stamp.
The answer is: No, in that location is not any terminate runs or exception.

And then, the hearsay that y'all heard was incorrectly reported to you.....
So no, that makes no sense. He did not "HAVE" an SBR without putting the upper and lower together, considering an 'SBR' without a burn down control group and lower receiver is Non an SBR - it'south not a gun at all. He didn't Take whatever kind of assembled/finished weapon of any kind, because he never put them together. Unless he did, in which he did have an (apparently illegal unregistered) SBR, but so the remaining portion would make no sense: "when[/B] he put the upper and lower together." Which means this mystery dude did NOT e'er put them together; hence he never had an SBR, legal or not, and hence the hearsay was wrong.
In whatever event, there is no end run. Send in the paperwork, wait a long time, and pay the gov't their $200, or exercise it at your peril. If you are a bigger fan of free meals & housing, and free fourth dimension, than you are of freedom, and so slap 'em together and show all your friends!

If y'all have a criminal tape beyond traffic tickets, then it ain't gonna happen, would be my guess (the SBR stamp approval). Anyone know about this? Is there a higher threshhold (of a clean past) for NFA items than for standard 4473, or is information technology the same? I have no criminal record, just what about a pothead (nonviolent) conviction? Is it conceivable that someone could be approved for ordinary 4473, but refused on NFA items, for lower level criminal charges/convictions?

Last edited: Feb 16, 2010
The standard for possessing a title II firearm is exactly the same as for a title I firearm.
then what is the process?
I desire to go an SBR upper. I have a lower I want to put it on. I want to buy the upper and send in my paperwork for a SBR. Afterward I become the paperwork in, and everything comes back clean, I can now assemble my SBR. What else exercise I demand to do after I attach the upper to the lower?

besides, I'm seeing in the paperwork that I need the serial number of the lower to consummate the SBR, what if I want to continue to utilize that lower with my electric current AR ready up and purchase a new lower for the SBR upper?
Once you lot get a lower SBR'ed, you're pretty much married to it. Exercise some work on the front end to brand sure you have a long and prosperous life together.
i. Mensurate the trigger group pin holes and takedown/pivot pin holes to ensure they are in spec.
two. Assemble your lower to a non-NFA upper.
iii. Shoot the crap out of information technology. At least 1000 rounds. Utilize as many dissimilar magazines equally y'all can.
4. When you are admittedly satisfied there are no problems with your lower, send it to a firearms engraver with a skillful reputation for the required engraving.
5. Examine the engraving to ensure it meets your quality standards.
6. Become through the paperwork/application process.
seven. Wait, expect, look.
viii. Become the approved postage stamp in your grubby little hands.
nine. THEN, and Merely And then, order your NFA upper receiver.

Y'all don't desire to get a stamp for a lower, then find out that the mag well is as well tight, or that your engraver has botched the job. You'll have this thing for life. There's no harm in waiting to practice things in a sequence that covers your barrel.
No thought on your specifics. I have a misdemeanor, not-domestic battery confidence from when I was 18. Zero issue with NFA stuff. If y'all're GTG on a 4473, you're GTG on NFA.
The ATF says:The rest of the story:Whew...
I LOVE how they will allow you to featherbed stamping or engraving your serial number into certain subversive devices. Somehow I get this hilarious mental picture of "the new guy" at the factory being handed a hammer and punch set and beingness told to become put series numbers on that day'due south batch of anti-personnel mines!

-Sam
OK, possibly I'grand missing something. I've heard (though I've never seen a cite from an administrative source) that a SBR must receive additional marking. Reading the textile from ATFE thoughtfully provided by SAM1911 in mail #18 above, I see null to support that.
When I make full out my Form 1, can I non merely provide the serial number assigned by the manufacturer of my lower receiver without having to deface it by calculation boosted markings?

BTW, I really similar MrCleanOK's recommendations. It would stink to notice that you paid a not-refundable $200 tax to legally SBR a lemon receiver.
Really? Does that mean we're all criminals if we own a hacksaw and a shotgun?Really? So if I don't own any AR stuff, I can't buy a 11.5" upper to use as a paperweight? Am I REALLLY gonna get in problem?
I suspect that some of us wear our can foil too tightly wrapped.
The manner the constabulary is written, the manufacturer's markings must be on the SBR. A grade 1 is a "asking to industry" an SBR. You tin can still use the factory serial, but your name/info must be on the receiver, as well.
Well, I simply looked at the instructions on the ATF Form i. It states:
Serial Numbers and other Markings. If an existing firearm is existence modified into an NFA firearm, enter the existing serial number of that firearm into particular 4g and the name and address of the original manufacturer into detail 4a. Do not Alter or Modify the Existing Serial Number. If the NFA firearm is being fabricated from parts, your name and address are to exist entered into 4a and a serial number yous create is to be entered into particular 4g.

(Odd capitalization and emphasis in original.)

Since the unassembled lower receiver is, in fact, an existing firearm according to the police, it would seem that no additional markings are necessary. Anyone with actual working cognition know unlike (with relevant cites to authoritative source)?

(I am on a quest for knowledge that I intend to use, not trying to exist obstinate or argumentative)
You can keep the serial number from the original mfg since it is already on there. Since y'all are the manufacturer of the SBR, y'all or the name of the mfg entity every bit appropriate must be engraved as well.
Course 1 Procedure:

1) You buy a rifle lower. Information technology is a regular rifle; not an SBR. You can not legally put on a brusque upper.
two) You fill out the Grade i, request to manufacture an SBR. You lot are manufacturing an SBR from parts that include the original burglarize lower. You get the stamp dorsum, and sometime in there you engrave your mfg information (Your name, or corporate/llc/trust name and location as applicable)
3) Drib on your upper. Done.

Sample Form 1 engraving:

Alternately you lot tin buy a completed SBR from a different manufacturer on a Course 4, and you would not need to practice engraving since you are not the manufacturer.
If y'all don't own any AR stuff yous would have no receiver to register. You have to accept the serial number on the application. It is for this reason I put the matter together as a pistol, as in a higher place, brand sure everything works as you want it, have it engraved and one time y'all're happy transport off your F1. Once information technology comes back you just swap the tube for the stock of your selection, you never have to seize with teeth a fingernail wondering if something is going to be incorrect that way.
Oh, and I'yard pretty sure yous are not going to become away with "multi" anymore.
Delight include all associated text when yous quote me.
The response you quoted from me was intended to illustrate that simply owning an xi.five" upper and no other AR parts was not illegal, clearing upwardly what MrCleanOK seemed to be saying.