Results 1 to 5 of 5

Thread: Want to stay legal. SBR question

  1. #1
    Gunco Veteran Markp's Avatar
    Join Date
    Nov 2008
    Location
    Somalia
    Posts
    1,840
    Feedback Score
    7 (100%)

    Default Want to stay legal. SBR question

    I have a legal DPMS 20" AR-15, which I now want to convert to an SBR.

    Great, I have to get a tax stamp to create an SBR, which is fine. Is there any reason that I cannot use a pistol upper to create a 7.5" AR-15 SBR?

    Now I know I cannot install the upper until I register and pay the tax stamp but if I file the paperwork and order the upper, is that complying with the law provided I wait on the Tax stamp prior to installation of the upper?

    The object is to stay legal. If it's not possible, I don't plan to pursue it.

    Mark

  2. #2
    GuncoHolic kernelkrink's Avatar
    Join Date
    Jun 2004
    Posts
    4,860
    Feedback Score
    2 (100%)

    Default

    Possession of a short upper and a non-SBR registered lower is "constructive possession", even if it is not assembled. Only "loophole" is the TC SCOTUS decision that says if a group of parts has more than one possible assembly configuration and at least one of them is legal, the courts must presume you intended to only assemble them in a legal fashion. I would wait until the paperwork is approved before purchasing the upper, if the purchase now is wanted because of a sale or discount, I would have a friend with no ARs order and hold it for you until the paperwork clears.

    Unless it's a non-standard pistol upper it should interchange with a rifle lower without a problem.

  3. #3
    Gunco Veteran Markp's Avatar
    Join Date
    Nov 2008
    Location
    Somalia
    Posts
    1,840
    Feedback Score
    7 (100%)

    Default

    Quote Originally Posted by kernelkrink View Post
    Possession of a short upper and a non-SBR registered lower is "constructive possession", even if it is not assembled. Only "loophole" is the TC SCOTUS decision that says if a group of parts has more than one possible assembly configuration and at least one of them is legal, the courts must presume you intended to only assemble them in a legal fashion. I would wait until the paperwork is approved before purchasing the upper, if the purchase now is wanted because of a sale or discount, I would have a friend with no ARs order and hold it for you until the paperwork clears.

    Unless it's a non-standard pistol upper it should interchange with a rifle lower without a problem.
    I have a hack saw and a lathe. Is that constructive possession too?

    So it sounds like, as long as my DPMS panther CMP in it's legal configuration and I keep the unopened box sealed and stored off-site until I get my paperwork back, that technically it would be difficult to suggest that I was in violation.

    I saw the exception regarding the Thompson Contender, I assume that is the SCOTUS decision you are referring to.

    Mark

    PS - Thanks for the answer!

  4. #4
    Gunco Member vbrtrmn's Avatar
    Join Date
    Feb 2008
    Posts
    212
    Feedback Score
    3 (100%)

    Default

    Quote Originally Posted by Markp View Post
    I have a hack saw and a lathe. Is that constructive possession too?
    If you're doing other illegal stuff and get caught, yes, otherwise you're fine. Constructive possession is pretty much designed to make it easier to charge people with more crimes.

  5. #5
    Gunco Veteran Markp's Avatar
    Join Date
    Nov 2008
    Location
    Somalia
    Posts
    1,840
    Feedback Score
    7 (100%)

    Default

    Quote Originally Posted by vbrtrmn View Post
    If you're doing other illegal stuff and get caught, yes, otherwise you're fine. Constructive possession is pretty much designed to make it easier to charge people with more crimes.
    The likelihood of me throwing away my military career to engage in illegal activities is pretty damn unlikely. Constructive possession is BS in my uneducated opinion... as most of us have the products capable of doing all sorts of illegal activities, the only thing missing is the intent. Although it's BS, I am not going to risk my career to test the law.

    Much like owning a coat hanger is the same as owning "thieves tools." The coat hanger did allow me to break into my subaru the other day when my keys got locked inside, as my slim jim is still packed from my last move.

    Mark

Search tags for this page

There are currently no search engine referrals.
Click on a term to search our site for related topics.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •