arms list

[GlockedandLoaded]

isent this a SBR? would i want to stay away from this?
http://www.armslist.com/posts/134063/fayetteville-arkansas-handguns-for-saletrade-od-green-gsg-5p

 

[CAR-AR-M16]

isent this a SBR? would i want to stay away from this?
http://www.armslist.com/posts/134063/fayetteville-arkansas-handguns-for-saletrade-od-green-gsg-5p

Yes. The poster seems to think that it isn't since the stock is only "pictured not installed", but he is wrong. He is showing all of the parts to convert his pistol into an SBR, so he has an SBR whether he thinks so or not.

 

[Honey Badger]

Maybe he intended to SBR the GSG and never did. Does owning everything to do the job make it an NFA item? I thought it wasn't NFA until you assembled it.

 

[Subsonic]

My understanding is that if you have all of the parts together, whether assembled or not, it is considered "constructive intent."

 

[CAR-AR-M16]

Maybe he intended to SBR the GSG and never did. Does owning everything to do the job make it an NFA item? I thought it wasn't NFA until you assembled it.

If you have all the parts under your control, then you have a SBR whether it is assembled or not.

From: http://www.atf.gov/firearms/faq/national-firearms-act-short-barreled-rifles-shotguns.html

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.

My understanding is that if you have all of the parts together, whether assembled or not, it is considered "constructive intent."

It is Constructive Possesion not Constructive Intent.

 

[Profreedomokie]

A guy on there posted a GSG-5 pistol a few months ago with the stock attached in the picture. I sent him an email telling him that it was an NFA item that required a tax stamp. He took the stock off and reposted it with the stock on it. I gave up.

 

[bigbang]

So your saying that if you have an AR pistol, you best not have an AR stock in your possession? What if you own a full size AR also with an extra stock.
I also thought you could change an AR pistol to a rifle and back again as long as you do it in the proper order. That would mean you would have all the parts for a SBR. I must be missing something, like common sense.

 

[CAR-AR-M16]

So your saying that if you have an AR pistol, you best not have an AR stock in your possession? What if you own a full size AR also with an extra stock.
I also thought you could change an AR pistol to a rifle and back again as long as you do it in the proper order. That would mean you would have all the parts for a SBR. I must be missing something, like common sense.

If you have an AR pistol and an AR rifle, then you have a legitimate use for the stock and you would be ok. If you only had an AR pistol and a stock, then the only use for the stock is for the pistol and you would then have an SBR on your hands.

As for converting an AR pistol to a rifle and then back to a pistol, you cannot do that. Once it is a rifle it must stay a rifle. A lot of folks think that the Thompson Contender ruling allows this, but it does not. ATF lost the case, but determined that it only applied to TC kits that were sold as kits. All other weapons require ATF forms to convert a rifle to a pistol. I can post an ATF letter on this tomorrow when I get to my home computer (I am doing this on my phone now).

Oh, and do not try to apply common sense to firearms laws as there is none when it comes to them.


EDITED TO ADD: Here is the letter I was talking about.

 

[bigbang]

Thanks for the info. Crazy you can't convert a pistol lower back to a pistol platform after you put a 16" upper on it, even if it was for just a few seconds. But if that's the law, not worth breaking it.

 

[MrShooter]

I was kinda thinking ATF trap for people unfamiliar with the laws...
I dunno, it may just be a guy wanting to go to a federal prison.