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Would this be legal?

Discussion in 'Free Fire Zone' started by dannym, Jun 29, 2012.

  1. dannym

    dannym Kill 'Em All

    111
    0
    Feb 27, 2012
    San Antonio, Texas
    If I have a fully completed AR15 7.5" pistol and a fully completed 16" AR15 rifle...... Can I purchase a 11.5" upper to swap out with my 7.5" upper on my pistol?

    Or does the fact that I have a 16" rifle make possession of the 11.5" upper illegal?
     
  2. bigmoney890

    bigmoney890

    1,486
    1
    Nov 8, 2011
    Boone, NC
    To be safe you should contact the ATF.

    But common sense would dictate that since you already have a weapon with a 7.5" barrel and a weapon with a 16" barrel, you should be gtg. But then again the ATF does a lot of stuff that goes against common sense.
     


  3. Gunnut 45/454

    Gunnut 45/454

    12,129
    9
    Jun 20, 2002
    Ah common sense would say you have the capability to have "TWO" NAF weapons! So ou'd have to have two stamps! Call ATF and get an answer in writting! :supergrin:
     
  4. CAR-AR-M16

    CAR-AR-M16

    298
    0
    Sep 12, 2006
    Oklahoma
    The problem is that you cannot call ATF and get an answer in writing. You would have to write to ATF and when you get your answer in writing from them (about 1-2 years later) it will be worded so vaguely that you really won't know the answer.
     
  5. Spiffums

    Spiffums I.C.P.

    9,349
    30
    Sep 30, 2006
    Kinda like an official maybe.
     
  6. mobilecommand

    mobilecommand

    55
    7
    Jun 27, 2010
    Hello,

    You can have multiple uppers for one lower.. If you where to ever attach the 11.5 in upper to a lower with a stock it was not a registered NFA lower you would be in some trouble if caught..

    Also i assume your pistol lower was registered as a pistol lower ? If it was not or it ever had a rifle stock on it that it also a no no.
     
  7. mac66

    mac66 Huge Member Millennium Member

    6,075
    353
    Oct 28, 1999
    Blue Planet
    Holy moly you guys think too much. Yes, having another barreled upper for your pistol is legal.
     
  8. uptomyneck

    uptomyneck

    307
    0
    Apr 7, 2012
    ATF has already ruled on this in the past. You can have 20 uppers for your pistol lower if you'd like.
     
  9. samurairabbi

    samurairabbi Dungeon Schmuck

    5,894
    39
    Dec 31, 1998
    Indianapolis, IN
    It is possible to overthink, but then, it is also possible to come up with something that the government may object to.

    One possible circumstance: If the 11.5" barrel has a 4.5" extension PERMANENTLY attached to it, then the "pistol" barrel MAY be considered a "rifle" barrel, which can make switching uppers some sort of "transition" between pistol and rifle classifications. Perhaps a longshot, but at least worth presenting.
     
  10. mobilecommand

    mobilecommand

    55
    7
    Jun 27, 2010
    The legal difference between a pistol and a rifle is the buttstock..

    you can put the 30ft barrel on it and it and it does not matter.. Once you hit the 16 inch minimum on a perm attached flash hider it can be attached to either lower.
     
  11. samurairabbi

    samurairabbi Dungeon Schmuck

    5,894
    39
    Dec 31, 1998
    Indianapolis, IN
    Do bullpup-style rifles complicate the classification situation?
     
  12. Jer

    Jer ΜΟΛΩΝ ΛΑΒΕ

    936
    0
    Jun 20, 2006
    Colorado, USA
    So long as you OWN a lower legal for hosting an shorter upper (SBR or pistol) then you cannot get in trouble for 'intent' since you have a legal host for as many uppers as you want. Now, I wouldn't get caught w/o that pistol lower, with a non-SBR'd lower and one of your shorty uppers though as that could get dicey.
     
  13. javelinadave

    javelinadave Hebrew Hammer

    925
    0
    Aug 14, 2006
    Scottsdale, AZ
    If an 11" barrel falls in the woods........
     
    Last edited: Jun 30, 2012
  14. Lotiki

    Lotiki All that is man

    787
    0
    Feb 13, 2007
    Aurora, Co

    While it may not be your intent here, it really seems like you are suggesting as long as nobody sees him, it is ok to break federal firearms laws by joining certain parts together.....
     
    Last edited: Jun 30, 2012
  15. javelinadave

    javelinadave Hebrew Hammer

    925
    0
    Aug 14, 2006
    Scottsdale, AZ
    Not in the least bit, everybody is being a bit cerebral. I was referring to the age old question that if a tree falls in the woods and nobody is there does it make a sound?

    As for my opinion to the OP's question, it is legal to own multiple uppers for a single SBR lower or a pistol lower.
     
    Last edited: Jun 30, 2012