Do I need a certain lower for a 5.56x45 NATO upper

Discussion of rifles, shotguns, and muzzleloaders

Do I need a certain lower for a 5.56x45 NATO upper

Postby bluto on Mon Sep 26, 2016 11:25 am

I am being handed down a 7.5" 5.56x45 NATO upper, do I need a certain lower or will any 5.56 lower work ?
User avatar
bluto
 
Posts: 280 [View]
Joined: Wed Jun 12, 2013 12:06 pm
Location: West St.Paul

Re: Do I need a certain lower for a 5.56x45 NATO upper

Postby JJ on Mon Sep 26, 2016 11:53 am

bluto wrote:I am being handed down a 7.5" 5.56x45 NATO upper, do I need a certain lower or will any 5.56 lower work ?


Unless you have a tax stamped lower, or a pistol lower, you shouldn't be putting that upper on anything....
"a man's rights rest in three boxes: the ballot box, the jury box, and the cartridge box." Frederick Douglass
User avatar
JJ
 
Posts: 3541 [View]
Joined: Wed Sep 16, 2009 9:43 pm
Location: Princeton

Re: Do I need a certain lower for a 5.56x45 NATO upper

Postby MJY65 on Mon Sep 26, 2016 12:00 pm

JJ wrote:Unless you have a tax stamped lower, or a pistol lower, you shouldn't be putting that upper on anything....


or even in your possession if you have any unpaired AR lowers around.
MJY65
 
Posts: 1068 [View]
Joined: Sun Feb 03, 2013 7:35 am

Re: Do I need a certain lower for a 5.56x45 NATO upper

Postby grimbeaver on Mon Sep 26, 2016 12:35 pm

Could at least explain to him why...

Any AR-15 lower should mechanically work. Since that is a short barrel though you need either a complete pistol lower or a stripped lower that has no stock which you intend to build out as a pistol lower. Should you attach it to a lower with a stock (which is a rifle lower) that would make it a short barrel rifle (SBR) which is illegal without a tax stamp.

Technically having a pistol upper in your possession with no pistol lower but also having a unpaired rifle lower in your possession means you have the means to build a SBR and possession of all the components without a tax stamp is illegal.
grimbeaver
 
Posts: 863 [View]
Joined: Fri Aug 02, 2013 8:50 am

Re: Do I need a certain lower for a 5.56x45 NATO upper

Postby Scratch on Mon Sep 26, 2016 1:53 pm

grimbeaver wrote:Could at least explain to him why...

Any AR-15 lower should mechanically work. Since that is a short barrel though you need either a complete pistol lower or a stripped lower that has no stock which you intend to build out as a pistol lower. Should you attach it to a lower with a stock (which is a rifle lower) that would make it a short barrel rifle (SBR) which is illegal without a tax stamp.

Technically having a pistol upper in your possession with no pistol lower but also having a unpaired rifle lower in your possession means you have the means to build a SBR and possession of all the components without a tax stamp is illegal.

Thanks for politely answering his question, and explaining the why to him. It seems like some places on the web these days, people like to jump on others for anything they can, and it's refreshing to see someone being polite.

By the way... I'm typing this on my iPad. I saw the other responses, but didn't look at who wrote them. I'm can't see who did until I hit submit. No offense to the people who responded first.
01 FFL in Hudson Wisconsin
User avatar
Scratch
 
Posts: 2154 [View]
Joined: Sat Feb 12, 2011 3:23 pm
Location: Hudson, WI

Re: Do I need a certain lower for a 5.56x45 NATO upper

Postby bluto on Mon Sep 26, 2016 2:17 pm

grimbeaver wrote:Could at least explain to him why...

Any AR-15 lower should mechanically work. Since that is a short barrel though you need either a complete pistol lower or a stripped lower that has no stock which you intend to build out as a pistol lower. Should you attach it to a lower with a stock (which is a rifle lower) that would make it a short barrel rifle (SBR) which is illegal without a tax stamp.

Technically having a pistol upper in your possession with no pistol lower but also having a unpaired rifle lower in your possession means you have the means to build a SBR and possession of all the components without a tax stamp is illegal.



Thanks and yes I am aware of the law, the first two replies is why I hesitate to ask questions here... :roll:


I plan on getting the proper stamp and keeping it legal as I will not have it in my posssesion for a while yet as my uncle just passed away a week ago and my aunt just informed me she wants me to have it.


Thanks again sir.
User avatar
bluto
 
Posts: 280 [View]
Joined: Wed Jun 12, 2013 12:06 pm
Location: West St.Paul

Re: Do I need a certain lower for a 5.56x45 NATO upper

Postby MJY65 on Mon Sep 26, 2016 2:46 pm

bluto wrote:Thanks and yes I am aware of the law, the first two replies is why I hesitate to ask questions here... :roll:.


Mine was among the first two, and my intention was to address the most critical item first. You didn't say anything to indicate you understood the need for the stamp. Your question is pretty basic, so it seemed reasonable to cover that aspect to keep you out of grief.
MJY65
 
Posts: 1068 [View]
Joined: Sun Feb 03, 2013 7:35 am

Re: Do I need a certain lower for a 5.56x45 NATO upper

Postby Squib Joe on Mon Sep 26, 2016 3:29 pm

As long as you have a "virgin" stripped lower with the upper you're fine. There are no constructive possession concerns unless the only other lower you have in proximity to the short upper has a buttstock on it.

Buy a stripped lower and complete the SBR paperwork at your leisure. Or make it into a pistol. There are no "special" stripped lowers needed to make either.
"The weight is a sign of reliability. I always go for reliability." - Boris "The Blade" Yurinov
User avatar
Squib Joe
 
Posts: 2778 [View]
Joined: Tue Aug 07, 2007 8:15 pm
Location: Minneapolis


Return to Long Guns

Who is online

Users browsing this forum: No registered users and 8 guests

cron