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Thread: Owning SBR parts... legal?

  1. #1
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    Cool Owning SBR parts... legal?

    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!

  2. #2
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    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.

    Code:
    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.
    Jules Winnfield: "If my answers frighten you then you should cease asking scary questions. ".

  3. #3
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    It would be better if you also owned an M16 or something because then you would have another reason to want it.

  4. #4
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    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.

  5. #5
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    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?
    --Josh H.

  6. #6
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    Quote Originally Posted by 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?
    Ahh, good point
    Praise be to the LORD my Rock, who trains my hands for war, my fingers for battle. Psalm 144:1

    Owner of MI-TAC, LLC .

    @MichiganTactical

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