Building SBR w/ Bad News Looming


Kind of Blued
November 11, 2008, 01:47 PM
Considering that I have to wait on the ATF before I can buy all of the parts, I'm not sure how to go about doing this.

Here are my options:

1) Submit paperwork to ATF, order an AR-15 pistol kit and assemble it, once approved, buy a collapsable buttstock to install on what was previously a "pistol". This won't work if I can't buy a coll. stock during a ban. If I have an AR-15 pistol assembled with the "pistol" buffer tube installed, can I have a spare collapsible buttstock "lying around" or is that "constructive intent"?

2) Submit paperwork to ATF, once approved, hope I can still buy a Commando (SBR) Kit and build it. This would be the cheapest but won't work if they ban AR-15 uppers.

3) Submit paperwork to ATF, buy a carbine (16") kit, once approved, buy a short barrel to replace the 16" barrel on the upper. Unless they ban AR-15 barrels this will be foolproof, although expensive and a lot of work.

Which one seems the best? Any better ideas? Or do I have plenty of time?

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November 11, 2008, 01:49 PM
i would say option 2. this is my opinion of course, but i don't see any bans in the NEAR future. i suspect that the issue of an AWB will come up, but not within the first months/year of his inauguration

November 11, 2008, 03:20 PM
The NFA has been left alone more or less since 1934. It wasn't touched by the AWB in 1994, either. If I were you, though, I'd buy a SBR kit, finish the lower, and keep the upper with someone else where you truly don't have control of it. BATFE sees no problem with having it out of your control, and that way it's also purchased.

Good luck finding someone without an AR-15 though. :D

November 11, 2008, 04:08 PM
My strategy was to buy a lower, get it registered (still to need to do, police won't sign so I'm going to the sheriff), then add a short barrel upper.

Kind of Blued
November 11, 2008, 05:55 PM
Thanks PTK (et al). I was having a hard time figuring out how stringent "constructive intent" might be. I normally wouldn't take legal advice from an online forum, but I know you do your research. :)

The only problem that I see is that if I bought the entire kit, I would still have all of the parts for an illegal gun for the period of time prior to leaving the upper somewhere else. I guess I could buy the upper seperately, have it shipped elsewhere, then buy the LPK and buttstock assembly and have that shipped to me... It's all so ridiculous. :barf:

Firearms laws lacking common sense is one thing, but lacking specificity is another bane of our hobby.

November 11, 2008, 09:20 PM
Constructive possession refers not to having the ability to have an illegal weapon, but actually having it - constructive possession is the gun being not on your person but "under your control" if you're arrested/searched. Example of that would be if it's in your apartment but not assembled.

The BATFE has odd interpretations of this, but you'd generally be safe ordering the kit, giving the upper to someone else for a spell, and going from there.

Kind of Blued
November 11, 2008, 11:08 PM
Assuming they don't set up a sting op dressed as the UPS guy?

Those people have too much time on their hands... I don't trust 'em. :p

I could tolerate just not even opening the freakin' box for a month... I guess I still don't see where the line is. I could understand if it was mating the upper and lower, but apparently that's more than enough.

What about just putting it together, installing the buffer tube, but not the stock, so it's the same as an AR pistol? Then I could at least shoot it. :confused:

November 11, 2008, 11:46 PM
If you buy a pistol lower, that's perfectly legal. "The extra stocks are for my rifles, not this pistol."


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