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Posted: 3/12/2024 10:16:48 PM EDT
[Last Edit: Chumley84]
Basically the subject. I filed a form 1 to convert my scorpion to an sbr and want to know if I can order the stock for it before I get the stamp or if I should wait?
Link Posted: 3/12/2024 10:30:42 PM EDT
[#1]
Short answer...yes, no, maybe.

The word is constructive intent.  

If you have files a form-1 then you can argue that you are sourcing the stock in anticipation of attaching after approval.  

If you don't have a submitted or approved F-1, the Gov't can argue you intended to make an unregistered SBR.

So, the correct answer is maybe.

Personally, I would not worry about it, if you see a decent price on a stock, buy it.   Keep the stock and gun in separate packaging and don't join until F-1 is approved.

18Z50...not an attorney.






Link Posted: 3/12/2024 10:45:23 PM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By 18B30:
Short answer...yes, no, maybe.

The word is constructive intent.  

If you have files a form-1 then you can argue that you are sourcing the stock in anticipation of attaching after approval.  

If you don't have a submitted or approved F-1, the Gov't can argue you intended to make an unregistered SBR.

So, the correct answer is maybe.

Personally, I would not worry about it, if you see a decent price on a stock, buy it.   Keep the stock and gun in separate packaging and don't join until F-1 is approved.

18Z50...not an attorney.






View Quote

Agree, and just to be sure, don't blab to friends.
Link Posted: 3/12/2024 11:50:17 PM EDT
[#3]
Link Posted: 3/13/2024 8:45:48 AM EDT
[#4]
Just don't be stupid and have your "Pistol" and stock next to each-other in the trunk after leaving the range lol.



of course you can, just don't assemble the SBR before your F-1 comes back approved.
Link Posted: 3/14/2024 1:42:14 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By 18B30:
Short answer...yes, no, maybe.

The word is constructive intent.  
View Quote


Nope - it's "constructive possession"

constructive intent is some online made up bastardization

OP - The "sniff test" it needs to pass is basically if you can use the part in a legal manner you are good to go.

So in the case of a stock, if you have a rifle it would fit on you would be ok. If the only use for that stock would be to transform a pistol to a SBR, then you would be in possession of a SBR by constructive possession.

Research the TC SCOTUS case for more info.
Link Posted: 3/14/2024 5:42:52 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By crazyelece:


Nope - it's "constructive possession"

constructive intent is some online made up bastardization


OP - The "sniff test" it needs to pass is basically if you can use the part in a legal manner you are good to go.

So in the case of a stock, if you have a rifle it would fit on you would be ok. If the only use for that stock would be to transform a pistol to a SBR, then you would be in possession of a SBR by constructive possession.

Research the TC SCOTUS case for more info.
View Quote

This.
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