Actually most Federal prisons are less dangerous and more relaxed than state prisons. I used to be a C.O in a state prison.
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If Barry screws up the country much worse, Federal Prison might not be a bad option. :eek:
BTW, I have seen people as hyper-cautious as some in this thread state that they were Ok once the check had been cashed by the ATF, signfying that the ATF was in possession of a Form 1 or Form 4, which put their Title I lower in to Title II pending status....:p
Everyone is different, and has a different threshold for caution. I would advise you to do whatever it is you feel comfortable doing.
No. I believe the point they are making is that once the Form 1 or 4 is in the possession of the ATF, it's nearly a foregone conclusion that they will eventually get back a tax stamp, and the constructive intent all but goes away.
Judge would have to ask the ATF experts, "Did you intend to approve the form? Was the background check clean?" If those answers are both affirmative, then possessing the upper in the same house, while the ATF granted you "permission", shows that you were never trying to break the law in the first place.
The moral of this thread is these kinds of questions inevitably lead to multiple answers. Bottom line is only you can know what you feel comfortable doing and if you think that you might pop up on the BATFE radar for some strange reason while waiting for your paperwork then it's best to send it somewhere else for the duration.
You may want to check with Thompson Contender on this. If I am not mistaken in 1993 or 94 there was a court case involving Thompson Contender and their Carbine Kit they were offering. ATF said it was illegal to have a Carbine Kit(stock and 16" barrel) while in posession of one of their pistols because someone could install the stock and not the barrel and have an SBR. The courts ruled it was not illegal to posess both, it was only illegal if you assembled them as a SBR. So Thompson continued to sell the Carbine Kit. I will try to google it and see what I come up with.
It's not a foregone conclusion. They get bounced back all the time (usually for minor things that get corrected ... but still) and more importantly, the gun isn't in the NFA registry as yours until it's approved. So you still possessed an unregistered SBR, and you knew it because you knew the transfer hadn't been approved yet.
The "did you intend to give an approval code" and "was the background clean" would apply to the 4473 in the title I realm as well. You still can't walk out with the gun until it's APPROVED.
You are trying to break the law because you know that the transfer hasn't been approved yet.