I don't get it - SBR Upper VS Pistol Upper

[IHaveAMustang]

I have been in contact with Model 1 Sales on their .223/5.56 uppers. They have the Pistol upper available for $330 in non-chrome and $365 for the chrome lined. Below each one it states:

In accordance with federal firearm laws, Pistol Kits are for use only with lower receivers originally manufactured and recorded as pistol receivers. Do not use with 'Rifle' receivers!

If you go to the "Command Uppers" and select it, you have to call in. I told them I wanted to buy an 11.5 upper and they said they would need a copy of my Approved ATF Form1 before they could sell it as it was illegal to put a pistol upper on a SBR lower, yet I could go on there and order a "pistol" .223/5.56 upper with no questions asked.

How can there be a difference? They are both 11.5" and both the same price. They even use the same photos. How is it illegal to put a "pistol" upper on a SBR registered lower. She just kept telling me "it's illegal, I cant sell it to you, sorry" and wouldn't tell me exactly WHY it is illegal.

Can the Class III / NFA guru's chime in...I don't get it. I have searched and searched and cannot find a shred of evidence backing up her claims that it is illegal...uppers aren't serialized...

[bronco71]

It is illegal cuz the SBR lower is technically a rifle lower, if the lower was sold as a rifle lower or was on a rifle then the pistol upper can't be legally put on it. The original paperwork on the lower has to say pistol lower or stripped lower to be legal for a pistol upper.

Model 1 is pretty touchy about the NFA rules, I tried to buy a M16 BCG from them and they wanted to see documentation even though it is completely legal to run a full auto BCG in an AR-15.....

[94StangFiveO]

They're just going overboard. You would be in trouble for attaching the pistol upper to a rifle lower thus making an unregistered SBR. They could legally sell you a pistol upper without any paperwork needed but doesn't sound like they want to. I've seen this on sites where they say NFA rules apply for just the purchase an 11.5" barrel, for example.

[gat0r]

they are being stupid touchy

save your $$ & buy else where, M1S doesnt have a good track record for customer service or quality control

overall it could be constructive intent, but ATF would have to prove it.

there is plenty of good info, go research it on arfcom. (ar15.com)

[IHaveAMustang]

They're just going overboard. You would be in trouble for attaching the pistol upper to a rifle lower thus making an unregistered SBR. They could legally sell you a pistol upper without any paperwork needed but doesn't sound like they want to. I've seen this on sites where they say NFA rules apply for just the purchase an 11.5" barrel, for example.

overall it could be constructive intent, but ATF would have to prove it.

Sorry guys, I think I misled you with some of the info. I have sent off (2) Form 1's. They have cashed my check, so I am in the final stage. I was going to order two pistol uppers and ship them to my Dad's house so I could run over there immediately after receiving my tax stamp.

So, it wouldn't be an unregistered SBR, or constructive intent, I would have (2) fully registered SBR's...so why can't I run a pistol upper, they are the same thing.

[bronco71]

It's a technicality, SBR lower is still a rifle lower...

[Venix]

End of the day its better to do it like you did. Just register everything correctly and not worry about it. It would be more of a pain later to deal with the ATF if they found out then if you just do it correctly the first time.

[David]

No way in he'll I'd mail any tax form to prove something in order to buy something.

That being said, you can keep your uppers with me. They'll look good on my m16.

[gat0r]

just go with a different dealer & move on to next project ;-)