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Posted: 11/23/2014 5:35:12 PM EDT
[#1]
buy a sig brace kit and throw it on your stripped lower, or a pistol buffer tube. This would render it a pistol lower, and leave the upper as lawful with that lower being in your possession.
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Posted: 11/23/2014 5:55:52 PM EDT
[#2]
I 'personally' think you would be fine. I've called the ATF myself on numerous illegal NFA items that were taken off of criminals, and they have absolutely zero interest.
Also, you're in Ohio, you need to seriously consider an LLC instead of a trust. |
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Posted: 11/23/2014 6:02:04 PM EDT
[#3]
To be safe, just buy a pistol buffer tube with the upper. That way you avoid any chance of constructive intent.
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Posted: 11/23/2014 6:10:51 PM EDT
[#4]
I wouldn't worry about it but I also text and drive and back-talk my wife. Living on the edge and all
 Posted Via AR15.Com Mobile |
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Posted: 11/23/2014 6:18:50 PM EDT
[#5]
Quoted: I 'personally' think you would be fine. I've called the ATF myself on numerous illegal NFA items that were taken off of criminals, and they have absolutely zero interest. Also, you're in Ohio, you need to seriously consider an LLC instead of a trust. Why is that? thanks for the replies! |
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Posted: 11/23/2014 6:20:53 PM EDT
[#6]
Quoted:
buy a sig brace kit and throw it on your stripped lower, or a pistol buffer tube. This would render it a pistol lower, and leave the upper as lawful with that lower being in your possession. This is what I would do to CYA and then sell the SIG brace or pistol buffer once your stamp comes in. Either way, if you're submitting your lower on a form 1, those have been coming back approved right around 4-5 weeks. You could also just stash it at a friend's or family member's house that doesn't own any AR's till your stamp comes in. That's what I did when I bought my first SBR upper. |
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Posted: 11/23/2014 6:49:24 PM EDT
[#7]
How about this, you can get a Seekins 10" railed 300BLK and a Sig Brace
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Posted: 11/23/2014 7:03:26 PM EDT
[#8]
Why not have both? You can't bring an SBR out of state. A pistol you can. I'd make a pistol while I wait n swap the upper whenever I wanted.
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Posted: 11/23/2014 7:56:06 PM EDT
[#9]
Quoted:
To be safe, just buy a pistol buffer tube with the upper. That way you avoid any chance of constructive intent. Constructive intent to build what? Maybe the OP intended to build a pistol all along. Or maybe he was going to buy 3 more barrels and weld up a coffee table. |
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Posted: 11/23/2014 8:31:02 PM EDT
[#10]
Do you honestly think they will come looking for you? They don't even have enough time to do paper work they are so understaffed.
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Posted: 11/23/2014 9:45:04 PM EDT
[#11]
Quoted:
Quoted:
I 'personally' think you would be fine. I've called the ATF myself on numerous illegal NFA items that were taken off of criminals, and they have absolutely zero interest. Also, you're in Ohio, you need to seriously consider an LLC instead of a trust. Why is that? thanks for the replies! Please explain the llc for Ohio thing!! |
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Posted: 11/23/2014 11:29:46 PM EDT
[#12]
Quoted: Do you honestly think they will come looking for you? They don't even have enough time to do paper work they are so understaffed. Last thing I want is my door kicked during a no knock over some stupid arbitrary bullshit. I did a google search on buying an sbr upper without a lower, and that is where I heard about the constructive intent and some people actually getting screwed over because of it. Now whether they got busted because they were actually doing shady stuff or not I don't know. |
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Posted: 11/23/2014 11:31:39 PM EDT
[#13]
You don't have anything illegal. You're fine. Your lower can be made into what ever you want.
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Posted: 11/24/2014 12:05:08 AM EDT
[#14]
Quoted: Quoted: Do you honestly think they will come looking for you? They don't even have enough time to do paper work they are so understaffed. Last thing I want is my door kicked during a no knock over some stupid arbitrary bullshit. I did a google search on buying an sbr upper without a lower, and that is where I heard about the constructive intent and some people actually getting screwed over because of it. Now whether they got busted because they were actually doing shady stuff or not I don't know. If you have a stripped lower, you are fine because that lower can be legally configured as a pistol. No need for paranoia.
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Posted: 11/24/2014 12:54:38 AM EDT
[#15]
Quoted:
Quoted:
Do you honestly think they will come looking for you? They don't even have enough time to do paper work they are so understaffed. Last thing I want is my door kicked during a no knock over some stupid arbitrary bullshit. I did a google search on buying an sbr upper without a lower, and that is where I heard about the constructive intent and some people actually getting screwed over because of it. Now whether they got busted because they were actually doing shady stuff or not I don't know. It isn't a SBR upper, it is a pistol upper. Radical sells a lot of complete pistols I don't think they sell many SBRs , if any. Here is my Radical upper pistol. 
As long as you don't have a lower that was sold as a rifle sitting in your safe without it's matching 16 inch or longer barrel, you don't have a problem even if you were the one in a hundred million gun owners that the ATF has raided for no reason. |
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Posted: 11/24/2014 1:04:15 AM EDT
[#16]
Q: May a FFL or an individual legally possess the parts to manufacture an SBR or SBS as long as no firearms are actually assembled?
A FFL (Type-7 or Type-10) who pays the Special Occupational Tax (SOT) may possess parts required to assemble NFA firearms. A non-licensee or FFL who has not paid the SOT is required to register any NFA firearm via an ATF Form 1 (5320.1) prior to acquisition of the parts required to assemble such firearm. If OP has a lower around with a stock, or the parts to make it as such they can get him for this. Is it likely? no. Impossible? I'd never say that. |
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Posted: 11/24/2014 7:48:22 AM EDT
[#17]
Quoted: Q: May a FFL or an individual legally possess the parts to manufacture an SBR or SBS as long as no firearms are actually assembled? A FFL (Type-7 or Type-10) who pays the Special Occupational Tax (SOT) may possess parts required to assemble NFA firearms. A non-licensee or FFL who has not paid the SOT is required to register any NFA firearm via an ATF Form 1 (5320.1) prior to acquisition of the parts required to assemble such firearm. If OP has a lower around with a stock, or the parts to make it as such they can get him for this. Is it likely? no. Impossible? I'd never say that. |
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Posted: 11/24/2014 8:22:05 AM EDT
[#18]
Quoted:
Q: May a FFL or an individual legally possess the parts to manufacture an SBR or SBS as long as no firearms are actually assembled? A FFL (Type-7 or Type-10) who pays the Special Occupational Tax (SOT) may possess parts required to assemble NFA firearms. A non-licensee or FFL who has not paid the SOT is required to register any NFA firearm via an ATF Form 1 (5320.1) prior to acquisition of the parts required to assemble such firearm. If OP has a lower around with a stock, or the parts to make it as such they can get him for this. Is it likely? no. Impossible? I'd never say that. That's if there's no other legal configuration he could make with the parts. If he has a legal configuration that can be made, they couldn't nail him for "constructive intent" |
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Posted: 11/24/2014 9:00:27 AM EDT
[#19]
Quoted:
Quoted:
Do you honestly think they will come looking for you? They don't even have enough time to do paper work they are so understaffed. Last thing I want is my door kicked during a no knock over some stupid arbitrary bullshit. I did a google search on buying an sbr upper without a lower, and that is where I heard about the constructive intent and some people actually getting screwed over because of it. Now whether they got busted because they were actually doing shady stuff or not I don't know. Are you involved in drug dealing or any other criminal enterprises? Why do you worry about being subjected to a no knock raid? |
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Posted: 11/24/2014 8:31:13 PM EDT
[#20]
Quoted: Quoted: Quoted: Do you honestly think they will come looking for you? They don't even have enough time to do paper work they are so understaffed. Last thing I want is my door kicked during a no knock over some stupid arbitrary bullshit. I did a google search on buying an sbr upper without a lower, and that is where I heard about the constructive intent and some people actually getting screwed over because of it. Now whether they got busted because they were actually doing shady stuff or not I don't know. Are you involved in drug dealing or any other criminal enterprises? Why do you worry about being subjected to a no knock raid sorry forgot to put in: [sarcasm][/sarcasm]  |
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Posted: 11/25/2014 1:44:48 AM EDT
[#21]
Quote HistoryQuoted:
Please explain the llc for Ohio thing!! Quote HistoryQuoted:
Quoted:
Quoted:
I 'personally' think you would be fine. I've called the ATF myself on numerous illegal NFA items that were taken off of criminals, and they have absolutely zero interest. Also, you're in Ohio, you need to seriously consider an LLC instead of a trust. Why is that? thanks for the replies! Please explain the llc for Ohio thing!! In Ohio, the LLC route is a one-time fee of $125, you literally just fill out the form with whatever LLC name you want, write a check, and send it in. After that, use the LLC name to register the NFA items. With an LLC, you don't have to worry about spouses and other people in the household having "access" to NFA items, you don't have to list beneficiaries like you do on a trust. The LLC route makes owning NFA items extremely easy to do, it's less hassle than a trust IMO. |
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Posted: 11/26/2014 10:46:18 AM EDT
[#22]
Quote HistoryQuoted: That's if there's no other legal configuration he could make with the parts. If he has a legal configuration that can be made, they couldn't nail him for "constructive intent" Quote HistoryQuoted: Quoted: Q: May a FFL or an individual legally possess the parts to manufacture an SBR or SBS as long as no firearms are actually assembled? A FFL (Type-7 or Type-10) who pays the Special Occupational Tax (SOT) may possess parts required to assemble NFA firearms. A non-licensee or FFL who has not paid the SOT is required to register any NFA firearm via an ATF Form 1 (5320.1) prior to acquisition of the parts required to assemble such firearm. If OP has a lower around with a stock, or the parts to make it as such they can get him for this. Is it likely? no. Impossible? I'd never say that. That's if there's no other legal configuration he could make with the parts. If he has a legal configuration that can be made, they couldn't nail him for "constructive intent" |
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Posted: 11/26/2014 11:25:51 AM EDT
[#23]
Quote HistoryQuoted:
Why not have both? You can't bring an SBR out of state. A pistol you can. I'd make a pistol while I wait n swap the upper whenever I wanted. You can take an SBR out of state as long as you are going to a place that SBR's are legal. Use form 5320.20 |
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Posted: 11/26/2014 11:27:19 AM EDT
[#24]
Just but the 25$ pistol tube for peace of mind.
Constructive intent ..I ain't touching that one. That's a dead horse.. |
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Posted: 11/26/2014 11:51:32 AM EDT
[#25]
I have all the chemicals to make meth under my sink. Is that constructive intent?
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Posted: 11/26/2014 1:49:24 PM EDT
[#26]
Quote HistoryQuoted:
I have all the chemicals to make meth under my sink. Is that constructive intent? I also have freeze plugs and tubing in my garage. Does that mean I'm conspiring to build a suppressor? "Constructive Intent" is retarded and only gains traction or "legitimacy" when you guys push it. Kinda like your AR15 is an "assault weapon" but when LEO have them (or M16's), they're "personal defensive weapons". Quit using their BS terms and let us set the narrative. |
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Posted: 11/26/2014 6:10:54 PM EDT
[#27]
I've never heard of constructive intent until i did a quick google search on this issue when i saw the sale. That's why i came here to ask specifically about it so sorry if anyone got their panties in a bunch over it, but i never forced anyone to post in here either
 thank you to all those who posted constructive (no pun intended) advice. |
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Posted: 11/26/2014 8:05:30 PM EDT
[#28]
I was going to order an AAC with my Damn The Man Rebates but when this came up I couldn't pass it up! 
BigDozer66 |
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Posted: 11/26/2014 8:12:09 PM EDT
[#29]
Quote HistoryQuoted: Why is that? thanks for the replies! Quote HistoryQuoted: Quoted: I 'personally' think you would be fine. I've called the ATF myself on numerous illegal NFA items that were taken off of criminals, and they have absolutely zero interest. Also, you're in Ohio, you need to seriously consider an LLC instead of a trust. Why is that? thanks for the replies! Cheap and easy in OH. I still have a trust.
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Posted: 11/26/2014 8:13:40 PM EDT
[#30]
Constructive intent doesn't apply to guns.
Constructive possesion does.
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Posted: 11/27/2014 1:43:07 AM EDT
[#31]
Quoted:
I have all the chemicals to make meth under my sink. Is that constructive intent? Only if you already have a box of meth in your kitchen .our have been arrested for meth |
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Posted: 11/29/2014 8:48:12 AM EDT
[#32]
Quote HistoryQuoted:
I've never heard of constructive intent until i did a quick google search on this issue when i saw the sale. That's why i came here to ask specifically about it so sorry if anyone got their panties in a bunch over it, but i never forced anyone to post in here either
thank you to all those who posted constructive (no pun intended) advice. DSG says that all orders placed through 12/1 will be honored at this price, but it may take up to 30 days. In 30 days with efile, you could already be approved. Problem (if there was one) solved. |
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Posted: 11/29/2014 1:58:49 PM EDT
[#33]
Quote HistoryQuoted: Constructive intent doesn't apply to guns. Constructive possesion does. +1 A. Shorty upper + stripped lower + pistol buffer tube + other ARs = :) B. Shorty upper + stripped lower + other ARs = BAD C. Shorty upper + stripped lower + un-assembled carbine buffer tube(s) and stock(s) = BAD - If, given your current collection of firearms and parts, there is a way to assemble your upper and lower into an non-NFA firearm, you are not in constructive possession of an SBR. If the only way to assemble your upper and lower is to make an un-registered SBR, then you are in constructive possession of an SBR and subject to fines or penalties up to and including a trip to federal pound-me-in-the-ass prison. Also: Technically, you can't reconfigure a lower that was originally transferred on a 4473 OR initially assembled as a "rifle" into a pistol. However, you may reconfigure a lower that was originally transferred/built up as a pistol into a rifle. *There is almost no chance of you running afoul of this regulation other than you loudly proclaiming your actions on social media and incriminating yourself, but the law is the law... 3rd paragraph after "Assembly of Weapons from Parts Kits" http://webcache.googleusercontent.com/search?q=cache:oH4usQPwew0J:https://www.atf.gov/files/regulations-rulings/rulings/atf-rulings/atf-ruling-2011-4.pdf+&cd=2&hl=en&ct=clnk&gl=us&client=firefox-a |
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Posted: 11/29/2014 5:27:02 PM EDT
[#34]
Quote HistoryQuoted:
DSG says that all orders placed through 12/1 will be honored at this price, but it may take up to 30 days. In 30 days with efile, you could already be approved. Problem (if there was one) solved. Quote HistoryQuoted:
Quoted:
I've never heard of constructive intent until i did a quick Google search on this issue when i saw the sale. That's why i came here to ask specifically about it so sorry if anyone got their panties in a bunch over it, but i never forced anyone to post in here either
thank you to all those who posted constructive (no pun intended) advice. DSG says that all orders placed through 12/1 will be honored at this price, but it may take up to 30 days. In 30 days with efile, you could already be approved. Problem (if there was one) solved. I efiled mine just over a month ago and no approval yet. 
BigDozer66 |
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Posted: 12/1/2014 11:16:58 PM EDT
[#35]
I went and Fo'd on the 5.56 10.5"
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Posted: 12/2/2014 1:30:30 AM EDT
[#36]
With all my Damn the Man rebates and the 20% off at AAC I went ahead and got both!
Just over 1/2 price of what the Seekins cast but I need 2 so my hunting buddy could use something! 
BigDozer66 |
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