10.5 upper question?

[03A3]

Yes it can be worked out with the ATF if that's what it comes to, but it makes life easier to avoid potential hassles. It will work out for you.
I'm not criticizing you. Just trying to help you, knowing what I know based on my experiances. My theory is to use the methods that minimize risk as much as possible.

 

[Drakkule]

Mine are pending as of now, so should i get them engraved before they are approved? I was just going by what the NFA branch at the BATF told me, i am new to the whole NFA thing, i just went a bit overboard with the whole thing. I don't have any yet, but i have 4 pending items. I really wanted to go to the NFA day so i could learn some of these things, but i had already paid for my suppressor. Since i couldn't go to the NFA day gathering, i decided to do it on my own, well almost, the guys at 21st Century did help me out by answering a few questions, and sending me a few forms, thanks by the way. This all started with "yeah i want a suppressor, how bad could it be". That little thought has been quite expensive, and now i have to wait for god knows how long. I have decided not to buy anymore NFA goodies until after i get all of the ones i am waiting on back. I have quit buying any firearms for awhile, now it is all about the ammo.

 

[03A3]

Drak yes I would go ahead and have them engraved. That way you have all of the bases covered and then you can wait, and wait some more.
I've had something pending since June 3 and everyone is saying the current wait time is roughly 5 months. That could change, and hopefully for the better but I'm not counting on it. Patience is the key and like you said it gives you time to work on the ammo stash ect.

Off Topic : When I heard about the INGO NFA day event I was excited, but then found out that I am not eligable to attend. I understand the reason for their guidelines and that's cool. I think it's a good thing, and I commend them for putting in the time/effort/expense to make it happen.
If we could have our own wide open machinegun shoot it would be great, but that would be a huge undertaking and alot of people like myself are not up to taking on something that big. I guess that's what Knob Creek is for, and me and my motley crew will be there in a few weeks.

 

[ryknoll3]

Yes it can be worked out with the ATF if that's what it comes to, but it makes life easier to avoid potential hassles. It will work out for you.
I'm not criticizing you. Just trying to help you, knowing what I know based on my experiances. My theory is to use the methods that minimize risk as much as possible.

Sorry to disagree, but this is incorrect (in light of Drak's question). If there is an error on the paperwork that is not caught, you can amend the paperwork and notify the ATF of the change. However, if you send out a lower to get engraved and it gets damaged, lost or misengraved and you decide to use a different lower, you MAY NOT amend the paperwork. The stamp is issued for the ORIGINAL serial # and the original serial # only. IF, and ONLY if the rifle was NEVER assembled as an SBR after you got the stamp, you can notify the ATF that you wish to withdraw the registration and return the stamp to them, and you will get a refund (in 6-12 months). You could then send in new paperwork on the replacement lower, but you can't change the serial # on approved paperwork. Your best bet would be to get the engraving repaired.

As to not having engraving done, IF you were to get caught without the engraving, the ATF has done two things in the past. 1) Order you to get it engraved and give you a timeframe for compliance. You then have to prove that it was done. 2) Confiscate the unengraved firearm and engrave it for you. You don't want this. =) You aren't going to jail, but it could cause you some hassle. It doesn't HAVE to be done before you assemble, but it's usually a good idea. You can do it while the registration is in progress. If there is any trouble BEFORE it's approved, you can change the serial #, just not after.

Finally, to VUPDblue's assertion that the ATF changed the rules on constructive possession, they did and didn't. They DID just recently issue a ruling whereby you can possess parts to convert a pistol to a rifle and back to a pistol as long as the parts can all be assembled legally. If you only had a complete rifle, as the OP has inquired about, you could NOT legally possess a short upper receiver waiting for your stamp to come back. If you have a pistol, you could be in possession of a short upper, a long upper and a buttstock, as you can assemble this into a pistol (short upper, no buttstock) or a legal rifle (long upper and buttstock). This stems from the Thompson Contender case, but expands on it to include any pistol that can be converted into a rifle. As long as you have the parts to do it legally both ways (must be a 16" or greater barrel when the buttstock is attached), you may do so.

If you do find a short lower that you want to pick up for your SBR before your stamp comes back, you can handle it two ways. 1) Get a lower and build it as a pistol. You may attach the short upper and this gives you a chance to function test everything. 2) Buy the short upper and give it to a friend or family member who doesn't have only AR rifles to hold for you until your stamp comes back.

 

[03A3]

ryknoll3 I stand corrected. Thank you for clearing that up.

Again, when it's all said and done it's best to have a good, engraved receiver in your possesion before you even start to fill out an ATF form.

 

[Drakkule]

I will be checking tomorrow about getting the engraving done next week. Thanks for all the help, and sorry to thread jack.