Much like walking around with a lightning rod in a thunderstorm, this isnt on the list of things Id recommend doing....
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Much like walking around with a lightning rod in a thunderstorm, this isnt on the list of things Id recommend doing....
Dont sweat the small stuff.
If youre not taking fire, its all small stuff.
Well, you just tell them they're wrong. I'm going to stand over here. Waaaaaay over here.No. Then it's a receiver with a short barrel and nothing else. It isn't something until you make it something. See TC Arms v US. Constructive possession of a SBR (and by proxy, SBS) is BS and there is case law to support this. The ATF's position is that case pertains only to the TC Arms kit, which is false and goes to show how much the ATF knows about case law.
Unless you personally will guarantee that every ATF agent knows exactly what the law says, is never wrong, and never biased, ignorant or just a dick.
Sorry, even if you guarantee that, I don't believe you.
I accept your determination of the definition. (Though did the "case law" involve an AR lower?) I still wouldn't do it. It accomplishes nothing, and could lead to thousands of dollars in anguish and even a conviction. (Especially as we agree that ATF likes to misinterpret case law.)
What's the risk of NOT doing it?
Oh, yeah. Nothing.
That is why we have courts of law.
The case law was in regards to a receiver with short barrel, long barrel, shoulder stock, and pistol grip in close proximity being "constructive possession" -ATF's term and basis for the "why it's an SBR- of an SBR. The case was ruled that in order for a SBR to be an SBR, it had to be a complete assembled functioning weapon.I accept your determination of the definition. (Though did the "case law" involve an AR lower?)
The ATF, in their infinite wisdom, loves to opine that TC v US was only about THAT particular kit, which is factually incorrect. That is merely the item that brought about the lawsuit. Fact remains this case applies to all weapon actions and "models". It could be a TC single shot type, an AR type, a bolt action type, etc. It matters nothing that TC v US wasn't an AR15 type lower. If it applied to only TC Arms receivers/frames, then Gideon and Miranda would apply to only those specific crimes and none else. That we know is patently false based upon the premise of the American system of common law (case law). TC Arms v US thereby applies to all receivers and frames that have not been assembled into a complete firearm.
I'm not telling anyone to do something or not do something. I'm providing information for which competent adults can make a decision themselves.I still wouldn't do it. It accomplishes nothing, and could lead to thousands of dollars in anguish and even a conviction. (Especially as we agree that ATF likes to misinterpret case law.)
What's the risk of NOT doing it?
Oh, yeah. Nothing.
I'm an FFL/gunsmith, not the holster company. We specialize in subsonic ammunition and wholesale rifles.
Apparently the ATF says even if a stock has been attached, it MUST NOT have had a rifled action added to it. Thus a pistol can be built. It also says that even if it was transferred as a Rifle it can be built into a pistol.
30 caliber junkie.
God Bless America.
Why do these threads always have to border on the brink of insane stupidity? We have discussed "constructive intent" to death. We have also talked about having short uppers, pistol lowers, stripped lowers, etc.... Please read and do some research.
I have said a hundred times before. Unless you broadcast to the whole world that you are doing something quit over-thinking it.
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One time I touched the flash hider of a short barreled upper to one of my Non-SBR lowers.... just for a second.... it made a sizzling sound and smoke came off of it.
This thread has my side hurting....I really find this one thoroughly amusing
Whole lotta NFA Hypothetical Gibberish going on in this thread![]()
Just out of curiousity, do you own another AR-15?
Because if you do, I'd say having an Short Barreled Upper and owning an AR-15 (even with a long barrel) and no registered lowers, begging for trouble.
Store it on a receiver, jesus, do you like tempting fate?![]()
There is no tempting fate storing an AR upper on a stripped lower!!!!
Lose the tinfoil hats people, read the discussion that's been on here, read the case law regarding TC. There's an awful lot of paranoid people on here and I'm pretty sure it's all due to a lot of bad information only found on the internet. Surely if it's on the web it's gotta be real right?
Police work: If it were easy it would be called your mom.
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