Pistol upper legal to own?

[ike838]

Hi all, just wondering about the legal liabilities of having a pistol upper or two in the "to be built" pile.
I have a few complete rifle length gas builds completed and also have a pair of nice lightweight 16" barrels by BCM and Faxon, receivers, A2 stocks etc in the "to be built pile".
Should I just build the lowers install the pistol uppers and take pics and then call it good?
Currently my shortest barrels are 18". Never really got into the whole fireball of doom and blast from the pistol uppers that I have seen but I do concede they might have their place.
So the basic question is: Would a pistol upper in a house that contains complete and incomplete firearms be in any danger of being considered a SBR?
Thanks for your help.

[grayfox]

That's a question for your lawyer.
Aside from the ATF still reviewing all the comments on its recently proposed rule change (which could wind up in court anyway), your specific locality, city, state, etc can also have a bearing.

As a final thought, it is possible that ATF, sensing an obliterating defeat at the polls for its dimm-crat buddies, might just hold off until after Nov. Publishing what it wants to publish, could add fuel to the election fire so maybe they hold off....... don't know.

[ike838]

I would prefer not lawyer up over this. Guess I will just build them as pistols for now. Thanks for your help.
P.S. I'm in Ohio and have not heard of any problems with this and just want to make sure that I am following the law.

[Bigs28]

There's no such thing as a pistol upper. It's the lower that you have that's the firearm.

[BowChamp]

There's no such thing as a pistol upper. It's the lower that you have that's the firearm.

This was my thought as well.

[grayfox]

ike, it's ok asking, no problems here, just for most of us, giving what some could construe as legal advice is dicey...
And roger the lower is the "firearm" but if I recall this new proposed rule also talks about having "parts" (whatever that means) that one could readily assemble (whatever that means), as being regulated as well... if I recall correctly.

[Two Tone]

Tried twice to post but frankly, I don't know enough to comment!

Did pass on a Krinkov kit back in 2005 because I didn't want to risk any ATF "SBR nonsense" or hassle.

Kinda regret that as those kits are crazy expensive now.

[LRRPF52]

[MikeyMosin]

you know exactly what they're trying to do with their strange technical language .....100% enemy of the people....Its a culture in decline

[MikeyMosin]

I ordered the books btw! Thanks again for you and those who put them together...

[Rosecrans1]

I have watched multiple back to back Matlocks, Law & Order and Perry Masons for days and stayed at a Holiday Inn once or twice so I know my s*#t. I finally figured out just about everything the ATF has been ruling on for the past 10 years. I started to write about my detailed thoughts on their recommendations when a Robin flew by me and landed in a tree only 5 feet away. And it was then that I realized that I forgot everything I was thinking of.

[SDW]

There's no such thing as a pistol upper. It's the lower that you have that's the firearm.

First the I'm-not-a-lawyer disclaimer. But I agree with you and others. No such thing as a "pistol upper". In fact, if an LEO were to find such a thing in search, it could instead be assumed to be the component to construct a short-barreled rifle. Could get you into hot water, depending on the jurisdiction. "Constructive Possession"? Possibly.

I wouldn't build a short-barreled upper. Don't own any pistol lowers.

[LRRPF52]

[SDW]

Yeah. Maybe I'm just scarred by living in CA. The DOJ here seems to like to invent reasons to violate everyone's gun rights.

We might be moving to AZ sometime this year. Things will improve in many ways, even though I'll miss some things. Like surfing.

[LRRPF52]

Yeah. Maybe I'm just scarred by living in CA. The DOJ here seems to like to invent reasons to violate everyone's gun rights.

We might be moving to AZ sometime this year. Things will improve in many ways, even though I'll miss some things. Like surfing.

CA has its own ATF equivalent for a double-dose of tyranny.