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Jason Gibbs
27 December 2012, 17:19
Whats up guys? I have a question about ordering a short barrel. Im not ready to start the process with the ATF for getting my tax stamp and all. I was wandering if it was legal to order a short barrel and keeping it in the safe until Im ready to do the actual paper work. If so, is there a deadline as to how long I could keep a short barrel before I have to turn in paper work? Do you have to have your paper work complete and have received the tax stamp before you can order a short barrel? Thanks guys!

UWone77
27 December 2012, 17:45
The short answer is... yes you can own and keep a short barrel at your home. There is no deadline before it disintegrates and the ATF alarm goes off.

Optimus Prime
27 December 2012, 20:32
The challenge is if you run into an overzealous ATF dude and he decides that having the short barrelled upper in your safe next to any non-registered lowers constitutes "intent to assemble."

Computalotapus
28 December 2012, 05:44
And now days all they need is probable cause.. and in the law man's eyes probable cause is what he thinks you might be doing with it. It's a fine line and on these subject matters it is better to play safe than sorry

Jason Gibbs
28 December 2012, 08:57
Well that tells me what I need to know. Thanks guys!

markm
28 December 2012, 10:12
The challenge is if you run into an overzealous ATF dude and he decides that having the short barrelled upper in your safe next to any non-registered lowers constitutes "intent to assemble."

I have yet to run into any ATF dudes (to my knowledge)... and I don't show people the inside of my safe.

Shit. I had an 11.5 upper stashed in my locker for a long time before I got around to registering one of my lowers.

And what, EXACTLY, is "intent to assemble"?

usmcvet
30 December 2012, 09:16
No problems. Just don't put it onto a lower with out a stamp.

HCPrepper
10 April 2013, 03:51
The statement of: Ability, Opportunity and Jeopardy comes to mind. If you comes across some jack booted thug ATF man, they could say that just having the two, shows the ability to assemble an SBR. But I have never seen a problem in the past.

They would be more interested if you had Class III parts lying around, but not "inside" the weapon.

Army Chief
10 April 2013, 07:42
Just put a nice, heaviy zip tie through the mounting pins of the upper receiver to clearly demonstrate that you are not attempting to use it without written approval, and you should have no difficultoes. I think where people run into unnecessary risk is when they try to play the "it's a pistol" game on a standard receiver, or when they have SBR uppers and regular lowers sitting around, but no regular uppers (16") on hand. ATF guys aren't stupid; if it looks like you're going out of your way to insure compliance, they aren't likely to give you any trouble, if indeed you ever see one. It's the guys that play the margins and try to get away with borderline calls that usually end up getting unwanted attention.

AC

Zeake
10 April 2013, 18:32
Also keep in mind the ATF is now under the department of justice instead of the treasury. With that change came some serious changes. ATF seem to be alot more willing to take an FFL. I would be very careful. I have a padlock on my short barrel as I wait. I also leave it at work. LOL