AR build question, OAL

Truthlesshero81 · Feb 13, 2015

I realize this has been discussed here on MDS, but for my own piece of mind lemme know if I got this right.

So I have a complete lower receiver I purchased pre Oct 1. The paperwork was done for this so it's a registered firearm AFAIK. I'm currently looking at a 10.5" upper. My research seems to indicate I can hit the OAL requirement and be good to go. So,

1). Am I good to go with that upper so long as I hit the OAL?

2). Since it's already registered pre oct 1 there's no additional paperwork to file, since it already technically exists as a firearm?

Thanks in advance.

lx1x · Feb 13, 2015

10.5"?

If you put 10.5" .. its going to be SBR. Need fed stamp.

BUFF7MM · Feb 13, 2015

Barrel length need to be minimum of 16 inches for a rifle or You need $200 tax stamp to make it an SBR.

Truthlesshero81 · Feb 13, 2015

Ah.....dang it. Guess it'll have to be a 16" upper then. I'm not interested in opening the NFA can of worms.

DaemonAssassin · Feb 13, 2015

You could always make an AR pistol with a 10.5" barrel.

swinokur · Feb 13, 2015

and put a Sig brace on it.

:innocent0

jimbobborg · Feb 13, 2015

Truthlesshero81 said:
Ah.....dang it. Guess it'll have to be a 16" upper then. I'm not interested in opening the NFA can of worms.

No need to go that long, a pinned 14.5" barreled upper is legal without the stamp.

Brad · Feb 13, 2015

a 10.5" barrel is perfectly legal as long as you don't put a shoulder stock on it.

lx1x · Feb 13, 2015

The question is..
How was the lower registered also.

Scott7891 · Feb 13, 2015

Like others said if you plan to make it a pistol then OAL requirement is moot since it is only for rifles.

Getting a 16" upper that is HBAR will also clear the 29" OAL requirement easily so that too will be no problem.

So to put it bluntly you do not need to worry about the OAL requirement since it will not be an issue for you.

Truthlesshero81 · Feb 13, 2015

I definitely want a rifle, not a pistol. I'm aware of the sig brace option but with all the confusion surrounding the issue the last thing I need is to get yelled at for shouldering it AGC or worse. AFAIK since I bought the lower pre-oct 1 its registered as a now-banned rifle.

DaemonAssassin · Feb 13, 2015

Truthlesshero81 said:
I definitely want a rifle, not a pistol. I'm aware of the sig brace option but with all the confusion surrounding the issue the last thing I need is to get yelled at for shouldering it AGC or worse. AFAIK since I bought the lower pre-oct 1 its registered as a now-banned rifle.

If You want to go short barrel, you can always get a can that is permanently mounted to the barrel. That way you are only paying the tax stamp for the suppressor. It is also easier to move around with a suppressor, in regards to NFA. A buddy of mine did that with his 300BLK rifle. He got a shorty barrel and had a can permanently mounted to the end of the barrel to make it over the 16" minimum. ATF views it as just a suppressor, not an SBR.

lx1x · Feb 13, 2015

DaemonAssassin said:
If You want to go short barrel, you can always get a can that is permanently mounted to the barrel. That way you are only paying the tax stamp for the suppressor. It is also easier to move around with a suppressor, in regards to NFA. A buddy of mine did that with his 300BLK rifle. He got a shorty barrel and had a can permanently mounted to the end of the barrel to make it over the 16" minimum. ATF views it as just a suppressor, not an SBR.

See post 4..

DaemonAssassin · Feb 13, 2015

lx1x said:
See post 4..

It gives him the short barrel he wants, but the ease of transporting a suppressor. Just a differing opinion on how to get his short barrel and a can, all in one tax stamp.

jmike1487 · Feb 14, 2015

swinokur said:
and put a Sig brace on it.

But don't shoulder it. Lol.

ImageUploadedByTapatalk1423909098.400662.jpg

outrider58 · Feb 14, 2015

jimbobborg said:
No need to go that long, a pinned 14.5" barreled upper is legal without the stamp.

^^This. And most standard muzzle brakes will meet required minimal length, pinned and welded, of course. :thumbsup:

Biggfoot44 · Feb 14, 2015

Not all "normal" muzzle devices will bring a 14.5 up to 16in , but many will, and there are some made specifically to do so.

Or if you want a shorty look on purpose , or to possably be a cpl oz lighter , there are a plethora of 11.5in bbls with pinned 4.5in flahhiders.

Depending on the origional paperwork , your lower might be a "rifle" , or an "other". Not that it would matter for you if your intention is to build a Rifle.

Scott7891 · Feb 14, 2015

Truthlesshero81 said:
AFAIK since I bought the lower pre-oct 1 its registered as a now-banned rifle.

Well if you did it before the law changed then OAL or any upper you put on top will not matter since it is already registered as a grandfathered rifle so the law for you is moot.

swinokur · Feb 14, 2015

Not necessarily. MSP won't issue a solid opinion on that. Because if you didn't possess a completed rifle before 10-1, some have postulated putting a now banned upper on it would constitute "making" a banned rifle. Just because you had a lower before 10-1 doesn't mean you possessed the complete rifle before 10-1

Use caution here and consult an attorney IMO.

IANAL.

outrider58 · Feb 15, 2015

swinokur said:
Not necessarily. MSP won't issue a solid opinion on that. But if you didn't possess a completed rifle before 10-1, some have postulated putting a now banned upper on it would constitute "making" a banned rifle. Just because you had a lower before 10-1 doesn't mean you possessed the complete rifle before 10-1

Use caution here and consult an attorney IMO.

IANAL.

^^^ Yes. I've heard this argument go both ways and I would not take a chance on getting it wrong. Just my opinion, though.

AR build question, OAL

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