Quoted:
I'm looking at submitting a form 1 and going through the class 3 approval for making a SBS and had a question?
Am I allowed to purchase the class 3 barrel before my stamp arrives if I also already own the shotgun that it is going on? I would of course not put it on the gun until approved.
I ask because I found the barrel I want and I'd like to grab it while I can but I want to stay out of any legal grey areas.
Thanks!
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This is a question that will draw a lot of conflicting comments.
The short answer is - if you have all of the parts; in your care, custody, or control, to assemble an SBS and you have no legal way to use those parts, other than to assemble an SBS, then you are in fact in possession of an SBS.
The legal theory is called constructive possession, but the actual criminal charge is simply "possession."
In your case you would not have a legal use for the barrel. The only way the barrel could be used is to make an SBS.
An easier way to think of it is... do you have a legal way use each and every part in your control.
If you own all of the parts needed to assemble an SBR and those parts can ONLY be used to assemble an SBR then your are in constructive possession. If you have a legal use each part in your possession then you are good to go.
I.E. if you own a AR15 variant pistol, then it would be legal to own a <16 inch barrel even if you own an AR15 variant rifle because you have a legal use for the short barrel. But, if you own a rifle and not a pistol, then it would be illegal to own a short barrel, becouse you don't have a use for a short barrel other than to assemble a SBR. If you did not own a rifle then you could own a short barrel because you do not have all the part necessary to assemble an SBR.
Now back to your SBS. Since you own the "shotgun" that you intent to use for the SBS, if you also had a barrel <18 inchs you would be in possession of a SBS.
There are some work-a-rounds like the Mossberg Shockwave that started life without a stock and therefore is not a shotgun. If you owned one of those then you could legally own a 14 inch barrel because you would have a legal use for it, but that is another can of worms.
But, if it were me, I would not purchase the barrel until I had an approved Form 1.