Tax Stamp Question: AR pistol to SBR conversion...

[BigtimeAub]

I've located a complete AR 9mm pistol upper and a complete AR 9mm carbine lower.

Could I purchase both assemblies and possess them legally as long as I do not mate them together while I wait for my tax stamp conversion application to be processed? My FFL will be taking care of everything for me except where I sign the documents and such but I will not be able to talk to him until Tuesday and just wanted to try and get some info here first if possible.

Please correct me in any misunderstanding that I may have in regards to this process. Thanks!

 

[Mn_Shooter]

Re: Tax Stamp Question: AR pistol to SBR conversion...

From what I understand... Having them both at the same location, assembled or not, without a stamp, constitutes some type of "constructive intent". That said, if "caught" you "could" be accused of/prosecuted for, having a illegal SBR just for having the parts.

A pistol lower would make things easier. But without one, I'd buy them both, send the lower out for engraving, and submit your form 4. Have either your FFL or a buddy that doesn't own any AR's hold the upper until your lower comes back from engraving and you get approved with stamp in hand. Then... assemble accordingly and profit!!

OR... buy both, roll the dice and hope for the best.

As always... YMMV.

 

[Charger442]

Re: Tax Stamp Question: AR pistol to SBR conversion...

i would buy the complete lower before you have the upper, and also buy a pistol buffer tube kit at the same time. when you get the lower, put the pistol buffer tube on and put your stock on some other lower you have or let a buddy hold onto it.

then you have a pistol lower with a pistol upper and your good till your stamp comes back.

thats what i would do.

 

[chakup]

Re: Tax Stamp Question: AR pistol to SBR conversion...

Are you doing Form 1 or 4? You said dealer handling it all- if doing a Form 4 he'll keep the lower, you keep the upper until papers back. If doing a Form 1 it becomes a gray area. If you don't have another SBR or pistol lower I'd be cautious of having the parts around.

 

[dlc356]

Re: Tax Stamp Question: AR pistol to SBR conversion...

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Mn_Shooter</div><div class="ubbcode-body">"constructive intent"...

I'd buy them both, send the lower out for engraving, and submit your form 4. Have either your FFL or a buddy that doesn't own any AR's hold the upper until your lower comes back from engraving and you get approved with stamp in hand.</div></div>

I'd do this. Leave upper with someone who doesn't own an AR. BTW, it's a Form 1 if you're registering a carbine lower as a SBR.

 

[marduk185]

Re: Tax Stamp Question: AR pistol to SBR conversion...

how is engraving required?

 

[JCH]

Re: Tax Stamp Question: AR pistol to SBR conversion...

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: marduk185</div><div class="ubbcode-body">how is engraving required?</div></div>

Once forms come back, name of owner gets engraved. That is my understanding.

 

[K-tech]

Re: Tax Stamp Question: AR pistol to SBR conversion...

+1 for the engraving. You need to have the owners name engraved on it. If the owner is an trust, have the name of the trust engraved on the lower

 

[Charger442]

Re: Tax Stamp Question: AR pistol to SBR conversion...

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: K-tech</div><div class="ubbcode-body">+1 for the engraving. You need to have the owners name engraved on it. If the owner is an trust, have the name of the trust engraved on the lower </div></div>

its not the owners name that needs to be engraved, its the manufacturers name. If you are form 1'ing an SBR, then YOU or your trust is the manufacturer and that name along with city, state and caliber, needs to be engraved.

if the gun is on a Form 3 and is being transfered to you on a Form 4, it has already been manufactured into an SBR and someone else should have had their info engraved on it, whether its another individual, trust, or big name manufacturer like LWRC or DD or whatever.

 

[BigtimeAub]

Re: Tax Stamp Question: AR pistol to SBR conversion...

Thanks guys, y'all have been a lot help. I'm going to buy both at the same time but I'm going to let my FFL hang on to both for me while we get the stamp taken care of. I realize that I don't necessarily have to do that but with the gun-NAZI's running around as of late I don't feel like taking that kind of risk. I'll just let him deal with everything and I'll pick up the entire rifle from him once everything is kosher.

Thanks again!

 

[K-tech]

Re: Tax Stamp Question: AR pistol to SBR conversion...

Ya you are right, thanks for the clarification

 

[Mn_Shooter]

Re: Tax Stamp Question: AR pistol to SBR conversion...

Oops... My bad. Form 1 is correct. Having two of these I really should have known.