14.5" Barrel Question

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  • Hopalong

    Man of Many Nicknames
    Jun 28, 2010
    2,921
    Howard County
    I know that for an AR to be a non-NFA item, 14.5" barrels have to have have a muzzle device permanently attached to bring the total length up to 16". Otherwise, it needs to be an SBR.

    I also know that in some situations, if you have the materials to assemble an SBR it can lead to some issues with ATF if you're caught with them.

    But what if you're assembling a 14.5" upper yourself from parts? Is it okay for you to possess a 14.5" barrel, not attached to an upper, while you're waiting on other parts to arrive and for the muzzle device to be permanently attached?


    Yes, I'm thinking of doing a 14.5" build, and I wanted to ask before I started buying anything. Or I may just buy an assembled upper with a muzzle device permanently attached at the factory. We'll see.

    Thanks.
     

    A1Uni

    Ultimate Member
    Aug 28, 2012
    4,842
    JUST the upper parts are ok; however, if you have a lower and component parts in your possession to make a complete rifle, even if the barrel/upper is the your safe and the lower is under grandma's bed, it is constructive possession, and illegal without appropriate tax stamps.
     

    Hopalong

    Man of Many Nicknames
    Jun 28, 2010
    2,921
    Howard County
    Right now I have one fully assembled non-NFA (16-inch barrel) rifle, and two semi-assembled (no triggers) lowers.

    So it sounds like if I were to buy all of the parts to assemble a non-NFA 14.5" lower without applying for an SBR stamp, I could be in trouble, unless the barrel came to me with the muzzle device already permanently attached.

    Did I get that right?
     

    bobthefisher

    Durka ninja
    Aug 18, 2010
    1,214
    Definitely not where you are!
    Send the short barrel to a friend/relative that doesn't possess an AR-15 (might be tough), get some 1100 degree F Silver Solder. Get some high temp gloves, bench vice, and a torch then weld it on! Never done it before, but I ass-u-me that would be close to the steps I would use. That, or have it sent to a gunsmith with a SOT.
     

    SneakySh0rty

    Active Member
    Aug 22, 2013
    608
    Pasadena
    Right now I have one fully assembled non-NFA (16-inch barrel) rifle, and two semi-assembled (no triggers) lowers.

    So it sounds like if I were to buy all of the parts to assemble a non-NFA 14.5" lower without applying for an SBR stamp, I could be in trouble, unless the barrel came to me with the muzzle device already permanently attached.

    Did I get that right?

    Or, collect all the parts besides the stock and construct an AR pistol? Just dont have any loose stocks roaming around. Or if you want to be safe, can just buy a pistol buffer tube. That way there is no way for you to attach a stock to the tube. Whenever you get the muzzle device pinned then go out purchase a carbine tube/stock and swap out the pistol length one. Yea youll have an extra buffer tube laying around, but atleast you could fire the weapon until it gets pinned
     

    Boom Boom

    Hold my beer. Watch this.
    Jul 16, 2010
    16,834
    Carroll
    So it sounds like if I were to buy all of the parts to assemble a non-NFA 14.5" lower without applying for an SBR stamp, I could be in trouble, unless the barrel came to me with the muzzle device already permanently attached.

    Did I get that right?

    That is correct. If you have a solid relationship with a gun shop, see if they'll store the barrel for you until you're ready to have it pinned or get the stamp. Constructive possession is enforced.
     

    SneakySh0rty

    Active Member
    Aug 22, 2013
    608
    Pasadena
    Chief, constructive possession is illegal. Capiche?

    He understands that. His point is, "what are the chances of BATFE really going to come knocking for something like that" Especially if you get it pinned in a timely fashion. But rather than take a chance, there are other legal alternatives.
     

    Kingjamez

    Gun Builder
    Oct 22, 2009
    2,042
    Fairfax, VA
    He understands that. His point is, "what are the chances of BATFE really going to come knocking for something like that" Especially if you get it pinned in a timely fashion. But rather than take a chance, there are other legal alternatives.

    Yup, but more importantly: why can't constructive possession also apply to having a flash hider ready to pin/weld/solder? That speaks to intent which is the basis of the oft cited - rarely enforced constructive possession.

    -Jim
     

    Kingjamez

    Gun Builder
    Oct 22, 2009
    2,042
    Fairfax, VA
    Let's cut through the BS. So you're endorsing criminal activity? On a public forum? And that makes sense to you?

    The only reason you are calling it BS is because 1. You don't know the answers or 2. You know the answer but don't want to talk about it.

    Knowing the court cases involved in constructive possession prosecutions is vital to knowing whether or not you are actually doing it. Making up your own definition isn't valid, but often done on the internet.

    I'd never advocate for anything illegal. The number one rule of gun ownership is don't break the law. However, I think it's important to understand the implications of the law before making a decision about what is or is not legal.

    -Jim
     

    Boom Boom

    Hold my beer. Watch this.
    Jul 16, 2010
    16,834
    Carroll
    Go with whatever makes sense to you, chief. Best of luck. I'm not getting dragged down a rat hole of ego-driven foolishness.
     

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