A client called me today as she was completing her Form 1. She wanted the option to configure multiple uppers on her SBR once she received her approved Form 1 and tax stamp.
Her question, which seems to pop up quite frequently, was whether or not this is allowed under ATF regulations.
The good news is that you can switch out the upper on your registered SBR. The configuration noted on the Form 1 is the configuration in which the SBR must be ‘manufactured’ and is considered the ‘primary’ configuration. However, you may switch out the upper as you see fit once it is registered as an SBR so long as the change would not put the resulting firearm into a different NFA category such as SBS.
I should note that the ATF requests that you notify them if you are going to make a permanent change in the primary configuration. But this is a request only and does not currently have a regulation giving it the force of law.
Disclaimer: This information is presented for educational purposes only and does not give rise to an attorney-client relationship. Additionally, I am licensed to practice law in the Commonwealth of Virginia and this answer may not be appropriate for other states.
