Short Barrel Rifles and the BATFE
I'm building a SBR AR. My current stick is a DSArms Lower with a Patriot Ordinance piston upper. I am buying a short barrel piston upper from CMMG...10.3 inch barrel. I'm getting the upper at a very good price, and I just plan on still using the DSArms lower. (At some point, when I have some more disposable cash, I'll buy a good price lower so I can keep two complete rifles)I know that the ATF considers the lower receiver the actual firearm, since that's the part that's stamped with the serial number, has the trigger group, etc. From what I understand, the upper can be transferred directly to me as a non-firearm item. I cannot, obviously and at the risk of committing a federal felony, mate the two together until I have my tax stamp. I also know that once I register my lower as an SBR, it will ALWAYS be an SBR, and must be engraved with an SBR designation, and even if I put a long upper back on it, it can still be subject to SBR laws regarding interstate transportation, etc.
I've got the money from the PD to buy it (we have a weapons loan program), and some goodies for it, and have the tax stamp money lined up. My question is, do I fill out the ATF Form 4 for transferring a NFA firearm (transferor to transferee)? Or do I fill out the Form 1, which is the application to MAKE a NFA firearm? I'm leaning towards doing the Form 1, since it makes more sense since I already OWN the "firearm" part of the SBR, which is the lower receiver, and I plan on MAKING that lower into an SBR. I know we've got some NFA owners here!