Owning SBR parts... legal?

[Jon G23]

Is it legal to buy the parts to make an SBR, but not assemble them until the paperwork is done?

What I am asking is.. can I buy a short bbl and upper, etc, but not put it together or not put the completed upper on the lower and not have problems with the gov??

Thanks guys! I don't want to do this wrong and be in hot water!

[Saint]

This is from http://www.titleii.com/BardwellOLD/nfa_faq.txt it might help

I also heard of "Intent to Construct", but I am not sure. It would be best to store the barrel at a relatives house, who does not have the type of gun the barrel belongs too.


The Court said that a set of parts was not a short barreled
rifle, unless the only way to assemble the parts was into a short
barreled rifle. As this set had a legitimate, legal, use for all
the parts it was OK. However they also approved of lower court
cases holding that the sale by one person, at the same place, of
all the parts to assemble an AR-15, with a short barrel, was sale
of a SBR, even if they weren't assembled together at the moment of
the bust, and had in fact never been assembled. See U.S. v.
Drasen, 845 F.2d 731 (7th Cir. 1988). This was because the only
use for the parts in that case was a SBR. If the person in that
case also had a registered M-16, then there would be a legitimate
use for the SMG barrel, and there shouldn't be a problem. And the
Court agreed, of course, that a fully assembled rifle with a barrel
less than 16", or an overall length of less than 26" was also
subject to registration. Although it was not addressed in the
case, the rule is that an otherwise short barreled rifle that is
very easily restored to firing condition (readily restorable);
e.g., one missing a firing pin, but for that pin one may substitute
a nail or other common object, is also subject to the law.

[rsilvers]

It would be better if you also owned an M16 or something because then you would have another reason to want it.

[SHIVAN]

Yes, it's legal to own the parts. I believe that constructive intent has been used before, and will likely be used in the future.

Your call.

[LOKNLOD]

If one also had a lower that was logged as a pistol lower (or an assembled AR pistol)....then they're pistol parts, not SBR parts. Right?

[Dave L.]

If one also had a lower that was logged as a pistol lower (or an assembled AR pistol)....then they're pistol parts, not SBR parts. Right?

Ahh, good point