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  • erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,860
    Rockville, MD
    Also, it's not "constructive intent", it's "constructive possession".

    I am actually not quite as terrified with constructive possession as some people seem to be; while the cited case is certainly food for thought, the BATFE has also dropped that charge numerous times in other seemingly open-and-shut cases. Notably, in the case cited in this thread, Mr. Kent also got busted for having a machinegun. He didn't get 78 months for just having an accidental SBR - indeed, the truth is, he probably also had an illegal SBR. If you are not stupid, and if you store the SBR upper somewhere else (like with a friend or parents), you should be fine.
     

    Kingjamez

    Gun Builder
    Oct 22, 2009
    2,042
    Fairfax, VA
    Also, it's not "constructive intent", it's "constructive possession".

    I am actually not quite as terrified with constructive possession as some people seem to be; while the cited case is certainly food for thought, the BATFE has also dropped that charge numerous times in other seemingly open-and-shut cases. Notably, in the case cited in this thread, Mr. Kent also got busted for having a machinegun. He didn't get 78 months for just having an accidental SBR - indeed, the truth is, he probably also had an illegal SBR. If you are not stupid, and if you store the SBR upper somewhere else (like with a friend or parents), you should be fine.

    Hit it right on the head here! +10. The constructive possession was icing on the cake. He'd already proven that he didn't care about law by having the illegal machine gun.

    -Jim
     

    obnoxious2

    Active Member
    Jan 18, 2013
    298
    district 21 - hunger games
    Is there no chance to submit a SBR paperwork in after 10/1? Like if we have a pistol configuration before 10/1 and then post 10/1 I suddenly have an urge for a buttstock or a vertical grip. Seeing how it's the ATF that collects the tax and approves..
     

    hvymax

    Banned
    BANNED!!!
    Apr 19, 2010
    14,011
    Dentsville District 28
    Is there no chance to submit a SBR paperwork in after 10/1? Like if we have a pistol configuration before 10/1 and then post 10/1 I suddenly have an urge for a buttstock or a vertical grip. Seeing how it's the ATF that collects the tax and approves..
    Fed and state are separate. Kind of like the assault pistol ban. MAC 11 is illegal unless AOWed which makes it legal. As long as your SBR is not a banned configuration you should be fine.
     

    sourbeer

    Active Member
    Jul 26, 2012
    104
    montana
    clarification

    so to clarify...

    I can build an AR15 pistol from my regulated AR15 lower that was purchased. I am able to lawfully own and use this while waiting for the NFA stamp to return.

    Submit the paperwork (Form 1) to get the NFA stamp to make it into an SBR.

    When the paperwork is complete (how long does it take), I can then put a buttstock on it to make it into the SBR?

    When do I need to get the receiver engraved? What exactly should be on the receiver (property of ....)
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,751
    Bel Air
    so to clarify...

    I can build an AR15 pistol from my regulated AR15 lower that was purchased. I am able to lawfully own and use this while waiting for the NFA stamp to return.

    Submit the paperwork (Form 1) to get the NFA stamp to make it into an SBR.

    When the paperwork is complete (how long does it take), I can then put a buttstock on it to make it into the SBR?

    When do I need to get the receiver engraved? What exactly should be on the receiver (property of ....)

    Yes, build the pistol. You can put a stock on it when you get the stamp. The receiver should be engraved with your name (or the name of your trust), city and state.

    Sourbeer
    Elkton, MD

    You can have it engraved any time. I would have it engraved before you build it as a SBR.
     

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