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If I have a bare virgin lower receiver sitting in the safe, is it a red flag for me to purchase an < 16" upper receiver
before the lower has been fully kitted? Do you think this is okay even though I have an AR rifle in the safe already?

or is this a project management issue in which I should be assembling the lower receiver FIRST, then purchase the
pistol upper?

...or, buy the full upper plus lower kit parts at the same time?

thank you, trying to avoid covid sheltering with bubba and tiny
 
Buy the upper whenever you feel like it. It has nothing directly to do with your lower receivers. Heck buy 10 pistol uppers. Have them shipped to your front door. Easy as that.
 
Unless its attached, it is not a firearm. It can't fire a round. The lower is stripped and can be turned into a rifle or pistol depending upon if your LPK has a stock or brace (unless you're planning on building a NFA item - SBR.)
 
If it's a virgin lower, then it's not a rifle so it doesn't matter. ATF could only argue constructive intent if it was a rifle lower or had been previously built as a rifle lower (once a rifle, always a rifle)
 
If it's a virgin lower, then it's not a rifle so it doesn't matter. ATF could only argue constructive intent if it was a rifle lower or had been previously built as a rifle lower (once a rifle, always a rifle)
This is not exactly true. It depends on what the lower is designated as. If you buy a lower and designate it on the paperwork as a rifle it has to stay a rifle. If you don't do that you can build it into a pistol or a rifle. And go back and forth if you like. That's my understanding at least.
 
"Constructive intent" isnt even a thing in California, where im from. With that logic, youd get fed time for breaking your AR pistol and AR Rifle down and putting them in the same box to take them to the range. How could they possibly prove your intent was to build an illegal SBR? Hell, the ATF would have an easier time convincing a jury all the shiit under your sink was a bomb ready to be made. The lowers, if stripped aren't sold as Rifle or Pistol by the FFL. Typically they're "other" unless they're a complete AR Pistol or AR Rifle. Now if you bought a whole rifle and put a brace on it to slap a short upper on it, TECHNICALLY that's illegal. Because i can't tell you to break the law on here, i'd advise you don't do that, most lowers aren't marked pistol/rifle anyway. However most arms of authority wouldn't know the difference and the boys at the ATF would only be looking at it if you gave them a damn good reason to. You CAN go from pistol to rifle back to pistol as you please, but can NOT go rifle to pistol.
 
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