Changing uppers on an AR

Discussion in 'GATE NFA/Class III' started by exmdshooter, Mar 19, 2010.

  1. exmdshooter

    exmdshooter WWJMBD?

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    Just curious about the rules for changing the upper on a Class III AR. I expect it's not an issue so long as it's not a short barrelled upper which would require an additional stamp, or would it? How about putting a dedicated .22 LR upper on the gun for some inexpensive full-auto fun - any issue there?

    If not, can you recommend such an upper that's known to function reliably in FA?

    TIA for your reply.
     
  2. Zak Smith

    Zak Smith 3Gunner Millennium Member

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    There is no such thing as a "Class III" AR-15. Class 3 refers to the type of SOT - Special Occupation Tax - a dealer (FFL) must have to deal in NFA weapons. A Class 2 SOT is the one for manufacturing.

    Individuals possess NFA items on approved Form 1, 4, or 5's.

    As far as AR-15's and the NFA, the most common two things are: machineguns (pre-86 for individual possession) and SBR (short-barreled rifles). It sounds like you're talking about a machinegun based on an AR-15 receiver. Note that only pre-86 machineguns are transferable to individuals.

    Note that a Form 4 has includes a description of the item, including barrel length, overall length, and caliber. These fields need to accurately reflect the configuration of the item.

    Additional SBR "uppers" do not require stamps - the lower is the NFA item, however, you cannot possess additional "SBR" uppers if you have any additional non-SBR/pistol AR-15 lowers. This would run afoul of constructive possession according to the BATF. See this thread for a discussion http://glocktalk.com/forums/showthread.php?t=1198172

    With that taken into account, there is nothing wrong with using a .22LR upper on a registered AR-15-style machinegun. I know there is a version of the Ciener .22 kit that will work full-auto. As far as I know, the Kuehl and Spike's Tactical uppers should also work.

    -z
     

  3. exmdshooter

    exmdshooter WWJMBD?

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    Mr. Smith: thanks - and I apologize for my confusion r.e. the terminology. I'm engaged in my first foray into NFA territory.

    For clarification - I am buying a pre-86 AR15 machine gun; my Form 4 / tax stamp is currently pending (in the hands of the BATFE). The gun has a 20" barrel.

    Can I buy a short barrelled upper and put it on this receiver, or not, since the gun was registered and came to me with a 20" barrel?

    Can I assume from your final comments that it's OK to put a (non-SBR) .22LR upper on this registered receiver?

    Sorry if you already answered these questions, but I can be dense at times and want to make sure I understand your reply.

    Thanks again!
     
  4. Zak Smith

    Zak Smith 3Gunner Millennium Member

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    The 16" barrel rule does not apply to machineguns, so a registered machinegun lower can have a SBR upper without any additional "SBR" related paperwork.

    With regard to the description of the rifle, the Form 4 should reflect the configuration of the item. The easiest way to modify this is to amend the description by submitting an update to the BATF. I believe you can list multiple configurations.
     
  5. exmdshooter

    exmdshooter WWJMBD?

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    Thanks - now I understand!