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Posted: 6/16/2013 10:12:46 AM EDT
| I was looking on ebay for an 18" barrel for my 870. Found a guy selling a 12.5" barrel. He says in the description that it is NFA and you must fill out the forms to buy, but how can he just sell it on ebay? he gonna hold it and the money for 8 months till your paperwork clears? I admit im not very knowledgeable on NFA stuff, but I know you cant have that barrel and an 870 at the same time till the paper work clears right? Is this guy asking or trouble or is whovere buysin trouble? |
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The barrel isn't an NFA item, the receiver of your shotgun is once you've gotten a tax-paid and approved form 1 (if you "make it") or a form 4 (if you buy/transfer it) back from the ATF NFA examiner's office.
Now, having a sub 18" barrel and a shotgun it fits at the same time can be construed and prosecuted as "constructive intent" to posses/build an unregistered NFA short barreled shotgu neven if you never assemble them, but there's nothing controlled or illegal about selling or buying a sub-18" barrel. It's an uncontrolled unregistered gun-part like anything else. Some people store such parts, things like stocks that fit a pistol, short barrels, short AR uppers, anything that could violate this at a separate house or in a separate safe while theand feel that is "enough". Technically he could sell it to you now, whether or not you've got an 870 reciever that can take the barrel is your problem, not his. However, I can't fault someone for extra CYA in this circumstance. Presumably if you showed him you already have a tax stamp for an AOW or SBS shotgun, he would sell it to you immediately. |
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The correct term is Constructive Possession and the operative condition under CP is control of the NFA qualifying part, not possession of it. Leaving the barrel at your friend's house satisfies possession but doesn't necessarily satisfy control. Presumably, his being your friend, he would give it back to you upon request. Thus, you could stil be found in control of that barrel.
Back to Constructive Intent... Constructive Intent is a bonefide legal principle, but one that is often misapplied to firearms law. CI exists in law where intent is a violation, like "assault with intent to do great bodily harm" or in drugs under "possession with intent to distribute." There are no violations involving intent in federal firearms law nor in any state law that I'm aware of. Constructive Possession simply establishes possession of an NFA firearm through control of all the parts necessary to build or assemble the firearm. Your intent behind possessing those parts, however innocent, is completely irrelevant. |
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Quoted:
The correct term is Constructive Possession and the operative condition under CP is control of the NFA qualifying part, not possession of It. Leaving the barrel at your friend's house satisfies possession but doesn't necessarily satisfy control. Presumably, his being your friend, he would give it back to you upon request. This, you could stil be found in control of that barrel. Back to Constructive Possession... Constructive Intent is a bonefide legal principle, but one that is often misapplied to firearms law. CI exists in law where intent is a violation, like "assault with intent to do great bodily harm" or in drugs under "possession with intent to distribute." There are no violations involving intent in federal firearms law nor in any state law that I'm aware of. Constructive Possession simply establishes possession of an NFA firearm through control of all the parts necessary to build or assemble the firearm. Your intent behind possessing those parts, however innocent, is completely irrelevant. So if I did pick it up my best bet would be to leave it at a dealer till the paperwork clears. |
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Quoted:
Sorry for all the questions but if I put the pistol grip on it its an aow and if I put the stock on it its an sbs right? 12.5" would look cool as shit with a stock. No, the status of the host firearm determines AOW or SBS. If the host firearm is a "shotgun", then it cannot be an AOW. A "shotgun" is a firearm designed to be fired from the shoulder, thus it has or has had a buttstock attached. A firearm categorized as "Other", like a pistol-grip only Remington 870 or a virgin receiver, can become an AOW. |
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Good clarification between "constructive intent" and "constructive possession". Good info.
It's important to note, if you're sending in a Form 1 because you're doing the work yourself, the NFA tax for SBS and AOW is the same, $200 out of your pocket. AOW's are only $5 NFA tax if you are purchasing them from the manufacturer/SOT or dealer/SOT. |
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