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.
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?
Originally Posted by kernelkrink
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.
PS - Thanks for the answer!
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.
Originally Posted by Markp
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.
Originally Posted by vbrtrmn
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.