AR Pistol - Awaiting SBR Approval - Question???

[jhans504]

So here's the question, while I await my stamp for my SBR can I build a pistol lower so that I can use the upper? As long as it the upper is pinned to the pistol lower can I have it in my possession? I have multiple AR lowers with adjustable stocks and no uppers attached, so my concern is that "they" would say with the move a couple pins, I would be in possession of an SBR.

Just wanna play with my toys

 

[aroundlsu]

Two words: Constructive possession.

You are taking a big gamble with the above scenario. Just be patient and wait for your stamp.

 

[kcinnick]

You have basically admitted to Constructive Possession, I would shelf the project until you get a stamp.

Not that I think there would be a case, but better safe than sorry.

 

[cnodie1]

So if you have a short upper and some rifle lowers around, that's bad? But if you have a completed pistol and some rifle lowers around its ok?

 

[JadeRaven]

So y'all are basically saying if you have an AR pistol and also a rifle lower that equals "constructive possession?"

Hell practically any AR enthusiast has a couple extra rifle lowers laying around. . .

 

[jgreco15]

Although having pistol/SBR uppers and lowers can be considered constructive intent, that can be avoided. It is not considered C.I. if you have a COMPLETE AR-15 in a safe with a seperate lower receiver awaiting a stamp but IF you have the SBR/pistol upper sitting in the safe next to a lower without an upper attached to it, that is C.I. My suggestion would be to have only complete rifles if you have a pistol upper in your inventory. To more accurately answer you original question, yes you can attach your SBR upper to a pistol lower while waiting for the stamp. I would make the pistol lower out of the "soon to be SBR" receiver. When the stamp comes back, change the buffer tube and add the stock.

 

[jgreco15]

So y'all are basically saying if you have an AR pistol and also a rifle lower that equals "constructive possession?".

No. As long as the pistol upper is attached to its respective lower receiver, then you can have as many other receivers as you like. I would definately keep that pistol together though because if you seperate them and also have the extra receivers, you can get youself in trouble.

 

[jhans504]

So y'all are basically saying if you have an AR pistol and also a rifle lower that equals "constructive possession?"

Hell practically any AR enthusiast has a couple extra rifle lowers laying around. . .

This is the thought process that led to my question. Once I have my stamp and my SBR'd lower with the upper attached, I may still have multiple lowers that are not SBR'd with no upper attached. Is this then considered C.I.? To my original question, would it make a difference if I had non-SBR uppers attached to all non-SBR lowers in my possession, while having the SBR upper attached to a Pistol lower (i.e. all complete rifles)?

Thanks all for the replies.

 

[aroundlsu]

Yes it would be much safer if all your rifles were complete.

 

[Heartless]

Damn government ruins everything.

 

[jhans504]

Damn government ruins everything.

AMEN!!!

 

[alex]

Yes it would be much safer if all your rifles were complete.

This is pretty scary. For example, I have both a GSG MP5 pistol and a GSG MP5 rifle. I have multiple stocks for the rifle (side folder, fixed, and HK collapsible). Just because of this, I am now in danger of CI.

Looks like I'll be donating an MP5 pistol to my fiancee's home.

 

[X Zombie]

For what it's worth I remember reading something on a case where an undercover ATF agent made a purchase from a seller who listed an HK SP89 for sale. The seller sold the SP89 with/but not attached stock and forward grip. He was arrested under the C.I. thing but the charges were dropped for whatever reason and he was returned his SP89 with accessories. I think this happened in Florida. And with that said I'm sure his lawyer fees were very expensive.

 

[X Zombie]

googled it and found a blog:

http://blog.princelaw.com/2009/09/01/florida-man-arrested-for-constructive-possession-of-an-sbr/

and a thread:

http://www.thehighroad.org/archive/index.php/t-472404.html

 

[bs875]

Although having pistol/SBR uppers and lowers can be considered constructive intent, that can be avoided. It is not considered C.I. if you have a COMPLETE AR-15 in a safe with a seperate lower receiver awaiting a stamp but IF you have the SBR/pistol upper sitting in the safe next to a lower without an upper attached to it, that is C.I. My suggestion would be to have only complete rifles if you have a pistol upper in your inventory. To more accurately answer you original question, yes you can attach your SBR upper to a pistol lower while waiting for the stamp. I would make the pistol lower out of the "soon to be SBR" receiver. When the stamp comes back, change the buffer tube and add the stock.

This. Just make sure your AR pistol is made from a stripped lower (purchased as a lower) and not a former rifle. If your SBR-in-waiting is a stripped lower you can just use that.