Quote Originally Posted by dbrowne1 View Post
So this was a case where the defendant didn't have ANY lower registered as a pistol or SBR (and thus no possible lawful use for the short barreled upper)?

I just want to clarify because that changes the significance of this case.
Yes, that is the one, and it really doesn't change the situation all that much.

He had no lawful use for that upper and got convicted as a result.

If you've got a spare lower and enough spare parts to assemble it, and the only uppers you have on hand are the spare SBR uppers, you too have no lawful way to assemble that collection pf parts. Now you're relying on the existence of your registered SBR as a defense.

Is it a longshot? Yep. No doubt, it would take a near perfect storm of shit to come your way to find yourself in that situation. But as you're sitting in court, hearing the jury foreman say "Guilty, your Honor," I don't think the irony of whatever longshot it took to result in your felony conviction would be of any comfort.

It's a risk-reward thing. The ATF has shown itself to be quite happy to pick the low-hanging fruit. There is just very little payoff given the potential risk. Keep in mind that Federal Prosecutors have a roughly 93% conviction rate in court....