giggitygiggity
Member
- Joined
- Mar 18, 2009
- Messages
- 2,246
Ok, I know the easy answer to the question that I propose is "when a stock is attached to the pistol." I know I can't be attaching stocks to pistols without first having an approved tax stamp.
However, I am a little confused with regards to when a pistol becomes an SBR.
Scenario A: I want to make an SBR and I will be making it from an Anderson stripped lower. While I wait for my tax stamp to come back, I would like to buy and assemble whatever I can legally so that I can test fire the firearm, making adjustments/improvements as needed, and then slap a stock on when the tax stamp arrives.
If I buy and assemble everything with the exception of the stock, would this firearm be considered a pistol or an SBR? Let's say that I use a 6-position buffer tube, but again, I do not attach a stock. I am curious because I am sure that there are some that would say that I would need to use a pistol buffer tube and not a rifle/multi-position buffer tube in order for it to be considered a pistol, but I am inclined to say that so long as the stock is not physically on the firearm, it is still a pistol regardless of whether there are holes in the buffer tube to accept a stock or not. However, I welcome the experts experience to guide me.
Scenario B: If I take a Yugo M92 PAP pistol and drill holes in the rear and attach a Stormwerkz folding hinge, but do not install the stock, is this still considered a pistol? I believe so since I did not install a stock, but just a device in anticipation for installing the stock upon receipt of approved tax stamp.
Scenario C: What constitutes the ever-so-feared "constructive possession"? I ask, because if I own an AR15 rifle, but I also have an AR15 pistol, would I be in constructive possession since I could simply swap the uppers between the rifle and pistol and make an SBR? What if I have accumulated a bunch of AR parts and I could assemble an SBR from them? Correct me if I am wrong, but there is a huge gray area when it comes to constructive possession. There is nothing that I know of that says that I can only have as many stocks as AR rifles as I own or that stocks need to be kept locked up or so far away from pistols or firearms that they could be readily added to in order to make a SBR.
My apologies for the long post. I want to make sure that I am legal in all that I do. And yes, I know someone will likely chime in and tell me to go talk to a lawyer, but I know we have lawyers on this site and if there are simple answers or documentation that I can have without having to pay for a lawyer, I will go that route. If in doubt, I will air on the side of caution. In addition, some of these questions are questions that I am just curious about.
Oh how nice it would be to be truly free and not have to be ruled by NFA laws and rules. Thanks for your input.
However, I am a little confused with regards to when a pistol becomes an SBR.
Scenario A: I want to make an SBR and I will be making it from an Anderson stripped lower. While I wait for my tax stamp to come back, I would like to buy and assemble whatever I can legally so that I can test fire the firearm, making adjustments/improvements as needed, and then slap a stock on when the tax stamp arrives.
If I buy and assemble everything with the exception of the stock, would this firearm be considered a pistol or an SBR? Let's say that I use a 6-position buffer tube, but again, I do not attach a stock. I am curious because I am sure that there are some that would say that I would need to use a pistol buffer tube and not a rifle/multi-position buffer tube in order for it to be considered a pistol, but I am inclined to say that so long as the stock is not physically on the firearm, it is still a pistol regardless of whether there are holes in the buffer tube to accept a stock or not. However, I welcome the experts experience to guide me.
Scenario B: If I take a Yugo M92 PAP pistol and drill holes in the rear and attach a Stormwerkz folding hinge, but do not install the stock, is this still considered a pistol? I believe so since I did not install a stock, but just a device in anticipation for installing the stock upon receipt of approved tax stamp.
Scenario C: What constitutes the ever-so-feared "constructive possession"? I ask, because if I own an AR15 rifle, but I also have an AR15 pistol, would I be in constructive possession since I could simply swap the uppers between the rifle and pistol and make an SBR? What if I have accumulated a bunch of AR parts and I could assemble an SBR from them? Correct me if I am wrong, but there is a huge gray area when it comes to constructive possession. There is nothing that I know of that says that I can only have as many stocks as AR rifles as I own or that stocks need to be kept locked up or so far away from pistols or firearms that they could be readily added to in order to make a SBR.
My apologies for the long post. I want to make sure that I am legal in all that I do. And yes, I know someone will likely chime in and tell me to go talk to a lawyer, but I know we have lawyers on this site and if there are simple answers or documentation that I can have without having to pay for a lawyer, I will go that route. If in doubt, I will air on the side of caution. In addition, some of these questions are questions that I am just curious about.
Oh how nice it would be to be truly free and not have to be ruled by NFA laws and rules. Thanks for your input.