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| So close, yet so far away... --ELP |
More about the Blogmeet tomorrow.
At the gun show I found the exact AR-15 Upper and Barrel that I have been wanting. I was amazed that could pay cash and take it home with just a reminder from the dealer that it was to be used with a pistol lower or an SBR registered receiver.
The threaded barrel is ready for a suppressor. (another future project) As you can see in the photo the rig has a 7 inch barrel and the full upper.
I just cannot put it on this lower until I do the paperwork. I found the right form and instructions in the same AFT Forms archives as the forms for suppressors.
Here is the series of events so far and what is up next:
- Purchased the AR-15 to be converted to an SBR
- Purchased the short barrel and upper
- DO NOT ASSEMBLE IT!
- Download and fill out these Forms
- Include the SN of the Receiver
- Manufacturer
- Make and Model
- Your personal info
- Go to CVS for two passport photos
- Go to the County Courthouse and get two fingerprint cards ($10)
- Submit copies for the County Sheriff to sign
- Wait...
- Receive signed forms in the mail (about 10 days)
- Make color file copies
- Write a check for $200
- Send it all to the ATF
- Wait...
16 comments:
This is one of the most favorite gun i have ever used
That is gonna take a while...
Take that front handle off and get a pistol lower. In the mean time anyway. Cause it will take a while.
Stupid Laws.
Right now, even having the upper and lower in the same house is "possession of an unregistered NFA firearm" under the "constructive possession" rules.
Send the upper to go foster with a friend who does not own ANY AR rifle lowers (assembled or not). It's OK if all the ARs he owns are pistols or registered SBR, AOW, or MG.
Once your approved NFA registration is received, you can invite the Prodigal Upper home again.
Or get a pistol lower for it!
"Constructive possession" is bullshit.
Yes, but it is bullshit that ATF gets convictions with.
Got a link as evidence that is NOT just hearsay on boards?
I just tried to find this law to no avail. The ATF is usually very clear on its regs with these issues.
A real link would be nice actually. Thanks.
Im in LE. Constructive Possession only applies when the one in possession is a prohibited person. A felon, illeagle alien etc.
The boards are full of shit.
"Constructive possession" also applies to NFA firearms which are not registered, or for which you are not the registered owner and the regiostered owner is not hysically present.
That's not myopinion.
That's not something I found on a gun board.
That is something the ATF puts out in official determination letters and such. SUch as the following FAQ on NFA firearms:
Q: May a FFL or an individual legally possess the parts to manufacture an SBR or SBS as long as no firearms are actually assembled?
A FFL (Type-7 or Type-10) who pays the Special Occupational Tax (SOT) may possess parts required to assemble NFA firearms. A non-licensee or FFL who has not paid the SOT is required to register any NFA firearm via an ATF Form 1 (5320.1) prior to acquisition of the parts required to assemble such firearm.
Go to the ATF site, search for "constructive possession", then google up the ATF rulings on C&R pistols with aftermarket shoulder stocks. . .
Being a cop doesn;t make you an attorney -- nor does ity mean that ATF defines constructive possession the same way your state does.
The problem for would be lawyers is that "constructive possession" in federal firearms law is not a statute you can point to.
It is an interpretation of the law that ATF promulgated, and the courts have by and large agreed with (with one significant exception, which is why you can add a carbine kit to a pistol, and then take the carbine kit off and have a pistol again, a la MechTech or the T/C combo kits.)
Constructive possession simply means that you possess all the makings of a weapon illegal for YOU to possess under the circumstances (such as a felon with any firearm other than an antique, or anyone but LEO or military carrying out their official duties with an unregistered NFA item).
Logically, it's bullshit -- but it is bullshit ATF has and does send people to jail. (Under the logic that ATF has consitantly argued successfully in court, I'm in "constructive possession" of destructive devices because I own a gasolene can, glass bottle, rags, and matches -- I have all the fixin's for a dozen Molotov Cocktails. ATF doesn't push it when it's THAT stupid, lest SCOTUS torpedo the entire idea of constructive possession. . . but they did hook up a reloader who had inert grenade bodies and reloading supplies -- saying he had "constructive possession of live grenades. They DID hool up a guy for having a repro Browning HiPower stock and an original C&R GP35 pistol in the same room, for constructive possession of an unregsitered SBR, etc.)
Hell, Google "Bardwell NFA", and read the case citations.
Thanks for the info. Moot point though now.
Like your solution. As long as EVERY upper has a "legal" home lower it can be attached to, and no "short" uppers "accidentally" end up on "long" lowers, you're golden.
MOAR GUNZ should always be the preferred solution to avoiding stupid ATF bullshit. {grin}
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