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Old 06-29-2012, 13:43   #1
dannym
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Would this be legal?

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?
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Old 06-29-2012, 13:54   #2
bigmoney890
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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.
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Old 06-29-2012, 14:26   #3
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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!
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Old 06-29-2012, 14:47   #4
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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!
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.
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Old 06-29-2012, 16:09   #5
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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.
Kinda like an official maybe.
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Old 06-29-2012, 17:19   #6
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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.
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Old 06-29-2012, 18:44   #7
mac66
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Holy moly you guys think too much. Yes, having another barreled upper for your pistol is legal.
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Old 06-29-2012, 19:33   #8
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ATF has already ruled on this in the past. You can have 20 uppers for your pistol lower if you'd like.
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Old 06-29-2012, 19:45   #9
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Holy moly you guys think too much. Yes, having another barreled upper for your pistol is legal.
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.
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Old 06-29-2012, 20:12   #10
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you crack me up lol


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Old 06-29-2012, 20:13   #11
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Old 06-29-2012, 20:21   #12
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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.
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Old 06-29-2012, 20:31   #13
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The legal difference between a pistol and a rifle is the buttstock..
Do bullpup-style rifles complicate the classification situation?
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Old 06-29-2012, 22:58   #14
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Quote:
Originally Posted by dannym View Post
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?
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.
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Old 06-29-2012, 23:01   #15
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If an 11" barrel falls in the woods........
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Old 06-29-2012, 23:10   #16
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If an 11" barrel falls in the woods........

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.....
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Last edited by Lotiki; 06-29-2012 at 23:10..
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Old 06-29-2012, 23:47   #17
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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.....
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.
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