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-   -   What do I need to do to buy this 11.5" upper from a friend? (http://www.firearmstalk.com/forums/f47/what-do-i-need-do-buy-11-5-upper-friend-93540/)

wmeyer116 07-08-2013 11:25 AM

What do I need to do to buy this 11.5" upper from a friend?
 
Hello,

A friend from the high school I went to, which I still keep in touch with every now and then, is considering selling his Colt 11.5 inch upper receiver.

He was in the army, and now is in the national guard and police academy. He is scrounging around for some extra cash and is looking to sell it. I'm, 21, he's 21 or 22.

How do I go a out buying this upper from him? I live in TN, have a handgun carry permit, I'm a law abiding citizen, I want to do it the right way.

Thanks,

Will

danf_fl 07-08-2013 11:41 AM

Get the paperwork from the BATF to own a SBR.

Here is a link to assist you.
http://www.atf.gov/firearms/faq/national-firearms-act-short-barreled-rifles-shotguns.html

And another:
http://www.atf.gov/search/site/sbr%20transfer

Rick1967 07-08-2013 12:33 PM

Couldn't he just purchase it to be used on a pistol lower? Hey wmeyer, are you wanting to use it as a pistol or a short rifle?

Yunus 07-08-2013 01:03 PM

The upper itself is not a registered part. However the ATF website that danf linked to says this.

Quote:

Q: May a FFL or an individual legally possess the parts to manufacture an SBR or SBS as long as no firearms are actually assembled?
A FFL (Type-7 or Type-10) who pays the Special Occupational Tax (SOT) may possess parts required to assemble NFA firearms. A non-licensee or FFL who has not paid the SOT is required to register any NFA firearm via an ATF Form 1 (5320.1) prior to acquisition of the parts required to assemble such firearm.
So while buying the upper may not be illegal you might be breaking the law if you buy the upper and own a rifle lower without getting the tax stamp.

In my non legal non expert opinion, better safe than sorry I would get the tax stamp prior to taking possession of the upper.

danf_fl 07-08-2013 01:05 PM

Good catch Rick!

The OP was not clear to me.

wmeyer116 07-08-2013 01:36 PM

Thank you for the replies! Yes I intend to use it as an SBR. Is there any possible way I could purchase it from him, and then have my local FFL hold it for me until I received the tax stamp from the ATF?

Thanks

danf_fl 07-08-2013 02:06 PM

Why not allow seller to hold it? Should something go wrong, then there is no one else involved.

An FFL will have to have the correct license, and log receipt and disposition in his books.

Yunus 07-08-2013 02:24 PM

Quote:

Originally Posted by wmeyer116 (Post 1298364)
Thank you for the replies! Yes I intend to use it as an SBR. Is there any possible way I could purchase it from him, and then have my local FFL hold it for me until I received the tax stamp from the ATF?

Thanks

Do you have someone that you trust that does NOT own any AR-15 lower that could purchase the upper and hold it for you while you wait on paperwork?

wmeyer116 07-08-2013 07:52 PM

Quote:

Originally Posted by Yunus (Post 1298401)
Do you have someone that you trust that does NOT own any AR-15 lower that could purchase the upper and hold it for you while you wait on paperwork?

Hmm, what if they live in the same household as me? haha I'm guessing not. But yeah I have a few friends who have no AR's or AR parts that i could let keep it for a while.

And also, do I just fill out a form and mail it? Or do I need to go to a FFL to do the paperwork there?

Thanks

BillM 07-08-2013 08:35 PM

Heck---Cheap stripped lowers are starting to show up again. Could you
just buy one as a "pistol" on the 4473, and then buy the upper?

You could then do the paperwork to SBR one of your rifle lowers
at your leisure. And I do mean leisure--I think the wait is on the
far side of 6 months currently.

Forms and such---the upper is not a firearm. I wouldn't advertise
what it is if you send the money via Pay-Pal, but as long as there are
no state/local issues to deal with just buy it. Heck--he can drop it
in a flat-rate box and mail it to you if you want.


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