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re: Updated: Full auto lower laws.. Answer from ATF on page 2
Posted on 11/1/16 at 3:01 pm to Timmayy
Posted on 11/1/16 at 3:01 pm to Timmayy
quote:
That's what I'm saying if I could come up with a reason for own a 10inch barrel other than making it into an sbr or a pistol it would all be in the clear but I can't?
This is incorrect. Because we live in America the burden of proof is on the prosecution. The ATF would have to prove that you, without a doubt, solely owned that 10" barrel to illegally make a SBR. As stated earlier there are a million reason why someone would own a 10" barrel ranging from they are thinking about possibly building a pistol with it all the way to they enjoy plugging their arse with it. Unless the ATF has evidence where you voice intent to illegally build a SBR or have evidence of you illegally building an SBR there is no fricking way that charge would stick because you're not guilty of anything. Therefore they wouldn't waste time trying to prosecute you unless you were actually doing something illegal.
Reason for owning a 10" barrel: For all lawful purposes, your honor.
The fact that you are pressing this makes it sound like you are trying to do some sketchy shite.
quote:
I'm just saying all of this sounds a hell of a lot like those "solvent cans" and obviously not to near the same degree but I'm asking questions on what the letter of the law says and every response has been ahh that would never happen or your worried too much about it. None of which answers the question whether or not your are breaking the law.
Owning a solvent trap or Maglite is not illegal. DRILLING A frickING HOLE DOWN THE CENTER AND TURNING IT INTO A SILENCER IS ILLEGAL, without first getting a form 1 approved.
You quoted the law. I explained it. If there is a part you don't understand then ask a specific question about it. Or better yet get in touch with your attorney who specializes in gun law. They are the only ones, not the dipshit answering emails at the ATF, that can accurately tell you the law.
This post was edited on 11/1/16 at 3:05 pm
2
Posted on 11/1/16 at 4:09 pm to Propagandalf
I'm the one not buying a barrel for my sbr build until I have my tax stamp in because I am afraid of skirting the laws and getting shafted for it. I don't see how that is shady to have as much of an understanding of the law as possible.
Posted on 11/1/16 at 5:35 pm to Propagandalf
quote:
Reason for owning a 10" barrel: For all lawful purposes, your honor.
I think what he's going after here is that very narrow set of circumstances in various hypos that are sometimes presented (and, so we're completely clear, I defer to Prop ON VIRTUALLY ALL OF THIS because I'm an amateur and he's a professional - that's just the way it works):
If a guy has 4 completed lowers, no stamps, nothing hinky, just 4 completed lowers - all rifles/carbines. AND he has 4 completed uppers - all 10.5s with removable muzzle devices. He has no stamps, no "legal" uppers - literally no way for him to complete a weapon that does not run afoul of the ludicrous provisions of the NFA.
SO - they would attempt to make a case against him for constructive possession in that very narrow set of circumstances. "All lawful purposes" might win out, but they also might get someone to draw the inference.
Ditto for getting caught in a vehicle with a completed lower (no stamp) and a 10.5" - the whole point of the constructive possession is so that folks cannot get around the ludicrous law by merely disassembling the thing.
However, as Prop correctly suggests - the mere possession of a 10.5" cannot be sufficient to establish intent, as there are a shite ton of completely legal end uses for it. There would have to be "other" evidence of this intent to create an illegal SBR other than mere possession. Otherwise, the retailers, postal carriers, just everyone involved in a whole chain of events would be criminalized for literally doing nothing.
This post was edited on 11/1/16 at 5:36 pm
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