? on 10.5" 300 blackout barrel

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  • platoonDaddy

    Ultimate Member
    Jun 30, 2011
    4,125
    SouthOfBalto
    If I wanted to build a 300 blackout upper with a 10.5" heavy barrel, do I need to purchase a stamp when completed?

    The lower was purchased prior to Oct 2013

    EDIT: This isn't for a pistol build.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    If I wanted to build a 300 blackout upper with a 10.5" heavy barrel, do I need to purchase a stamp when completed?

    The lower was purchased prior to Oct 2013

    You need the stamp BEFORE you put the 10.5” barrel on it. In fact, just to be safe, don’t even buy it before you get the stamp. Unless you are building a pistol.
     

    platoonDaddy

    Ultimate Member
    Jun 30, 2011
    4,125
    SouthOfBalto
    You need the stamp BEFORE you put the 10.5” barrel on it. In fact, just to be safe, don’t even buy it before you get the stamp. Unless you are building a pistol.


    That is what I thought, but many dealers sell 10.5 without asking if you have a stamp. I am confused.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    Good point, I should have stated that in my opening. Don't want to build a pistol.

    If you are doing a SBR, get your stamp before you buy the upper. You CAN build it as a pistol then put a stock on it once the stamp comes in. I do this with my SBRs. Vendors sell short barrels, but expect YOU to know the legalities.
     
    If I wanted to build a 300 blackout upper with a 10.5" heavy barrel, do I need to purchase a stamp when completed?

    The lower was purchased prior to Oct 2013

    EDIT: This isn't for a pistol build.

    My 2 cents...
    Don't make the mistake I made and SBR a precious pre-FSA2013 lower on a SBR. Pick yourself up a post ban lower and SBR that. SBR builds don't matter when the lower was purchased.
    Stripped lowers are cheap enough to not "waste" the one you can't replace.
     

    Rab1515

    Ultimate Member
    Patriot Picket
    Apr 29, 2014
    2,081
    Calvert
    My 2 cents...
    Don't make the mistake I made and SBR a precious pre-FSA2013 lower on a SBR. Pick yourself up a post ban lower and SBR that. SBR builds don't matter when the lower was purchased.
    Stripped lowers are cheap enough to not "waste" the one you can't replace.

    Unless you really want a light barrel and 223/556. But for a 300, don't wast a pre ban on mostly exempt caliber.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,852
    Winfield/Taylorsville in Carroll
    It may be best for most rifles to begin life as a pistol.

    Always best for firearms to begin as a pistol and then progress to a rifle. You can go from pistol to rifle, back again, back again, back again, etc. However, if the first build is a rifle, then you cannot convert it into a pistol after that. Stupidest law I have ever seen, but that is the law.

    OP, the dealer does not have to warn you to get a stamp if you are building a SBR. It could be that you are building a pistol with the barrel. If the dealer was smart, he would make buyers of short barrels sign something stating that they understand they need a tax stamp if they build an SBR, because some buyer that gets arrested for building an SBR without a tax stamp will inevitably sue the dealer for not telling the customer that it is against the law.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,852
    Winfield/Taylorsville in Carroll
    My 2 cents...
    Don't make the mistake I made and SBR a precious pre-FSA2013 lower on a SBR. Pick yourself up a post ban lower and SBR that. SBR builds don't matter when the lower was purchased.
    Stripped lowers are cheap enough to not "waste" the one you can't replace.

    Yeah, this all gets into the issue of how you read the HBAR stuff. Me, I bought 3 post ban lowers for my SBR builds thinking the same way you are thinking. However, my read on the law is that these builds, at least the 5.56 build, have to be HBAR barrels. Probably going to use a HBAR on the .300 BLK build too just to be safe. The .458 SOCOM is HBAR period.

    Anyway, if you use a pre-ban lower on a SBR build, there is nothing preventing you from putting a pencil barrel 16" upper on it when you want to. In retrospect, I should have taken 3 pre-ban lowers and used them for my SBR builds. Then, I could swap whatever uppers I wanted on those 3 SBR lowers, period. Heck, I should have done a Form 1 on all of my pre-ban lowers and it would have allowed me to use almost any upper on those lowers as long as the OAL was 29"+.

    I am kicking myself in the rear on this, and still have not built my 3 HBAR SBR builds because of this. Now that 41p is in place and Trump has not repealed it, this is a SOB.

    Again, it all comes down to how one interprets the HBAR issue and whether it applies to SBR builds. Guess it also comes down to how one interprets the "copy" issue too.
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    49,815
    My 2 cents...
    Don't make the mistake I made and SBR a precious pre-FSA2013 lower on a SBR. Pick yourself up a post ban lower and SBR that. SBR builds don't matter when the lower was purchased.
    Stripped lowers are cheap enough to not "waste" the one you can't replace.

    Not a waste IMO. You can always slap a 16"+barrel on an engaved AR lower. Any time you want. An SBR is only an SBR when it is. Remove the short barrel and it becomes a rifle(again).

    Just one dummy's opinion. ;)
     

    ironpony

    Member
    MDS Supporter
    Jun 8, 2013
    7,190
    Davidsonville
    Always best for firearms to begin as a pistol and then progress to a rifle. You can go from pistol to rifle, back again, back again, back again, etc. However, if the first build is a rifle, then you cannot convert it into a pistol after that. Stupidest law I have ever seen, but that is the law.

    OP, the dealer does not have to warn you to get a stamp if you are building a SBR. It could be that you are building a pistol with the barrel. If the dealer was smart, he would make buyers of short barrels sign something stating that they understand they need a tax stamp if they build an SBR, because some buyer that gets arrested for building an SBR without a tax stamp will inevitably sue the dealer for not telling the customer that it is against the law.

    Yes, I worded my post that way because when I built my 50 BMG I could not get anyone to fire it in pistol form ... therefore, not always best :)
    SBR'd pre-ban owner here, no 50 though
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    Yes, I worded my post that way because when I built my 50 BMG I could not get anyone to fire it in pistol form ... therefore, not always best :)
    SBR'd pre-ban owner here, no 50 though

    It never has to be fired in pistol form. Just put together as a pistol. The magic then transfers, and can be read by any Hogwarts graduate.
     

    threegun

    Active Member
    Jan 26, 2013
    639
    Westminster
    Yeah, this all gets into the issue of how you read the HBAR stuff. Me, I bought 3 post ban lowers for my SBR builds thinking the same way you are thinking. However, my read on the law is that these builds, at least the 5.56 build, have to be HBAR barrels. Probably going to use a HBAR on the .300 BLK build too just to be safe. The .458 SOCOM is HBAR period.

    Anyway, if you use a pre-ban lower on a SBR build, there is nothing preventing you from putting a pencil barrel 16" upper on it when you want to. In retrospect, I should have taken 3 pre-ban lowers and used them for my SBR builds. Then, I could swap whatever uppers I wanted on those 3 SBR lowers, period. Heck, I should have done a Form 1 on all of my pre-ban lowers and it would have allowed me to use almost any upper on those lowers as long as the OAL was 29"+.

    I am kicking myself in the rear on this, and still have not built my 3 HBAR SBR builds because of this. Now that 41p is in place and Trump has not repealed it, this is a SOB.

    Again, it all comes down to how one interprets the HBAR issue and whether it applies to SBR builds. Guess it also comes down to how one interprets the "copy" issue too.

    I don't believe this is true. I think the post-ban SBRing negates the pre-ban exemption on that lower. I need some clarification from someone who knows his stuff.
     

    DutchV

    Ultimate Member
    Jul 8, 2012
    4,703
    Not a waste IMO. You can always slap a 16"+barrel on an engaved AR lower. Any time you want. An SBR is only an SBR when it is. Remove the short barrel and it becomes a rifle(again).

    Just one dummy's opinion. ;)


    Unfortunately, not exactly correct. For Federal purposes, once an SBR, always an SBR. So if you decide to travel out-of-state, you'd still have to file the ATF paperwork, no matter which upper you put on it.
     

    Mr. Ed

    This IS my Happy Face
    MDS Supporter
    Jun 8, 2009
    7,899
    Edgewater
    This thread has gotten my interest, too. I was in a shop a while back and saw what appeared to be an AR pattern firearm with a very short barrel that might have been sold as a pistol, even though it had Magpul style stock and furniture. I didn't ask then, but I sure wish I had now.

    Is there any place we can go to read the actual rules and regs for ourselves? TIA. :thumbsup:
     

    threegun

    Active Member
    Jan 26, 2013
    639
    Westminster
    I have one of those cheap foam covered pistol buffer tubes ($11). I screw that tube on all my builds along with a short barrel and take a picture, it may only be a pistol for two minutes but they all start as pistols.
     

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