Glock Talk
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06-29-2012, 13:43
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#1
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Kill 'Em All
Join Date: Feb 2012
Location: San Antonio, Texas
Posts: 94
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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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06-29-2012, 13:54
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#2
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Senior Member
Join Date: Nov 2011
Location: Harnett County, NC
Posts: 1,265
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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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06-29-2012, 14:26
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#3
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Senior Member
Join Date: Jun 2002
Posts: 13,204
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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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Gunnut45/454-One shot one kill!
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06-29-2012, 14:47
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#4
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Senior Member
Join Date: Sep 2006
Location: Oklahoma
Posts: 314
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Quote:
Originally Posted by Gunnut 45/454
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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06-29-2012, 16:09
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#5
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RMR 34 Operator
Join Date: Sep 2006
Posts: 8,612
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Quote:
Originally Posted by CAR-AR-M16
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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Kinda like an official maybe.
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Tomorrow......When the WAR comes to our soil.
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06-29-2012, 17:19
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#6
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Member
Join Date: Jun 2010
Posts: 53
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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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06-29-2012, 18:44
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#7
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Pray for the US
Join Date: Oct 1999
Location: Socialist America
Posts: 6,931
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Holy moly you guys think too much. Yes, having another barreled upper for your pistol is legal.
__________________
"It does not take a majority to prevail... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men. " -- Samuel Adams
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06-29-2012, 19:33
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#8
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Senior Member
Join Date: Apr 2012
Posts: 307
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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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06-29-2012, 19:45
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#9
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Dungeon Schmuck
Join Date: Dec 1998
Location: Indianapolis, IN
Posts: 6,921
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Quote:
Originally Posted by mac66
Holy moly you guys think too much. Yes, having another barreled upper for your pistol is legal.
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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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Samurai Rabbi
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06-29-2012, 20:12
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#10
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Member
Join Date: Jun 2010
Posts: 53
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you crack me up lol
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06-29-2012, 20:13
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#11
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Senior Member
Join Date: Nov 2011
Location: Harnett County, NC
Posts: 1,265
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Better to be safe than sorry
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"you cannot invade the mainland United States, there would be a rifle behind every blade of grass..."
Custom Survival Bracelets
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06-29-2012, 20:21
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#12
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Member
Join Date: Jun 2010
Posts: 53
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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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06-29-2012, 20:31
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#13
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Dungeon Schmuck
Join Date: Dec 1998
Location: Indianapolis, IN
Posts: 6,921
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Quote:
Originally Posted by mobilecommand
The legal difference between a pistol and a rifle is the buttstock..
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Do bullpup-style rifles complicate the classification situation?
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Samurai Rabbi
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06-29-2012, 22:58
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#14
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ΜΟΛΩΝ ΛΑΒΕ
Join Date: Jun 2006
Location: Colorado, USA
Posts: 687
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Quote:
Originally Posted by dannym
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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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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'I'm not fat, I'm tactically padded'
Tactical Commander - Fast Action Response Team (F.A.R.T.)
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06-29-2012, 23:01
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#15
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Hebrew Hammer
Join Date: Aug 2006
Location: Scottsdale, AZ
Posts: 1,171
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If an 11" barrel falls in the woods........
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NRA Life Member
ΜΟΛΩΝ ΛΑΒE
"Never Again" means NEVER AGAIN!
Last edited by javelinadave; 06-29-2012 at 23:02..
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06-29-2012, 23:10
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#16
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All that is man
Join Date: Feb 2007
Location: Aurora, Co
Posts: 957
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Quote:
Originally Posted by javelinadave
If an 11" barrel falls in the woods........
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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.....
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The Bill of Rights (void where prohibited by law)
Last edited by Lotiki; 06-29-2012 at 23:10..
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06-29-2012, 23:47
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#17
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Hebrew Hammer
Join Date: Aug 2006
Location: Scottsdale, AZ
Posts: 1,171
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Quote:
Originally Posted by Lotiki
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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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.
__________________
NRA Life Member
ΜΟΛΩΝ ΛΑΒE
"Never Again" means NEVER AGAIN!
Last edited by javelinadave; 06-29-2012 at 23:48..
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