NFA Barrel Question

[Waterdoor]

Hey all I have just started getting my first NFA Trust stuff together.

My question is, can I buy a 12.5 inch barrel before I have finished my paperwork?

I would just be buying the barrel. This barrel would not be mounted on any receiver or have any part added to it until my paperwork is finished. This is just a plain barrel not associated with any lower receiver.

The reason I ask, is that the exact barrel I want is very difficult to find and I just happen to find some in stock.

Common sense would say this would be ok because it is not attached to any firearm device. However, you know how common sense and gun laws go together.

 

[Kevp]

You will be fine just buying the barrel. What you don't want to do is have all the parts necessary to assemble a NFA SBR without having a registered lower. That could put you in a situation where "constuctive intent" could be used against you.

 

[jpk1md]

Is that true that it would be ok to just have the barrel?

He already has the lower so if he also has an upper receiver that the SBR Barrel could be mounted on then I believe he would be in violation

If he has any other AR's and the short barrel that it COULD be mounted on I believe that is also a violation.

If he has any/all of the above and the tools to mount a barrel I believe that the ATF would EASILY be able to demonstrate intent.

 

[coinboy]

As JPK1MD said, I am pretty sure you need the paperwork before buying the barrel. If you have a complete or semi complete rifle the ATF can show intent of you building an illegal SBR. My suggestion is to get the paperwork done first and then order the barrel. Hey, I'm no expert though. Go talk to a Class III dealer and ask them. They do these things all the time and should be able to give you the best advice.

 

[Jerry M]

You cannot have a receiver and a short barrel without the paperwork. You would be subject to arrest. Have someone who does not own a lower buy it for you and keep it in their possession until the paperwork is approved.

Good luck

Jerry

 

[Waterdoor]

Thanks guys. I dont have the receiver yet, but I do have a complete rifle that I will be taking delivery of in a few weeks.

The ATF logic is more of the guilty until proven innocent crap! It is like saying you have beer in your fridge so we are going to arrest you for DUI now.

 

[Marshallbrew]

I bought a 10" barrel for my AR-15 last year in Texas while on TDY, came back with it on the airplane. I haven't installed it yet, that's when it would be illegal, unless I permanently affix my Gemtech to it, thus making it 16". I didn't need anything other than money to purchase it from tactical store in Kileen. Now if I were to attach the 10" barrel to a full-auto M16, it would be fully legal. The weapon is already registered, no need to reregister it.

 

[ArmyDV]

Be very careful with this situation... 10 years Federal Prison isn't worth it... at least not to me.

"Constructive Intent"... if you have a AR lower or complete AR and purchase an upper/bbl that is categorized as a SBR, you could lose your right to ever own a firearm again. Be careful and COMPLETELY understand the law. Don't listen to us, but read the laws. I use this site to assist me in finding those laws, but I do not believe the "barracks lawyers".

-ArmyDV

 

[canuck]

If it is a situation where the barrel is that hard to come by - such as a TROS 5" in 9mm. Buy it and allow a friend who already has an sbr to hold on to it. You do not want to have the barrel in your posession until you have your form 1 back.

 

[kalister1]

WOW, i had no idea about "Intent". That is almost like having a hacksaw and a shotgun and getting in trouble for the intent to saw it off? I guess that's why Lawyers are expensive?

 

[Kharn]

Have a friend that does not own a weapon compatible with the item buy it and store it.

 

[ateixeira]

Where can one go to clearly read the law as it concerns this issue? So if one owns a short barrel upper in a seald box that is stored no where near you AR you could still get into problems. That's BS. Then why is the purchase of the upper not regulated by having folks do the NFA thing first? Sounds like a set up!

I have read all of the postings on this site concerning SBRs and they have all been very helpfull. Kharn my thanks go out to you and all of the other members here that are willing to share what they know. I'm still thinking and looking into the trust VS individual thing. Need to get a will done anyways been putting it off to long.

I would have spent my money on somthing els had I first educated myself. Just want a shorty because I am short and tend to drag my dam barrel through the mud when training, and it creates a trip hazard. Never did I imagine the BS I was getting into.

I need to read my statement below more often.

 

[ateixeira]

Be very careful with this situation... 10 years Federal Prison isn't worth it... at least not to me.

"Constructive Intent"... if you have a AR lower or complete AR and purchase an upper/bbl that is categorized as a SBR, you could lose your right to ever own a firearm again. Be careful and COMPLETELY understand the law. Don't listen to us, but read the laws. I use this site to assist me in finding those laws, but I do not believe the "barracks lawyers".

-ArmyDV

Is the purchase reported?

 

[Jim Keenan]

Why not see if a friend who has no weapon of that type might want to buy a barrel. Or make a down payment and ask the seller to hold it for a time.

There are lots of ways to skin that cat.

Jim

 

[mdsuave13]

WOW, i had no idea about "Intent". That is almost like having a hacksaw and a shotgun and getting in trouble for the intent to saw it off? I guess that's why Lawyers are expensive?

its the same as having a maglite, o rings and some fender washers, you are definitely going to build a suppressor out of it.... some of those laws could easily be twisted up on you if they REALLY wanted to stick it to you hard.

 

[mdsuave13]

also, i converted my ruger 10/22 to a sbr krinker plinker.

The new krinker setup covers nearly 9/10th's of the original receiver. The only part that does show is the original ruger markings.. trying to figure out where to engrave it was really fun

 

[ArmyDV]

Is the purchase reported?

I assume you're talking about the purchase of the upper... I am not a dealer, but it is my understanding that everything going in and out of the shop has to be recorded...

 

[ateixeira]

Where can one go to clearly read the law as it concerns this issue?
So if one owns a short barrel upper in a seald box that is stored no where near you AR you could still get into problems? That's BS.
Then why is the purchase of the upper not regulated by having folks do the NFA thing first? Sounds like a set up!

 

[Jerry M]

The source: http://www.atf.gov/