Quote History Quoted:
umm, yes
the TC set was as you see a pistol, stock and rifle barrel.
from your link.
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lol
you can have a <16 inch upper you just better have a legal lower for it to mate with.
If you have a 7 inch pistol lower and a rifle you can have as many different sized uppers as you want.
if you have 2 stocked lowers you better not have anything shorter than 16.
the key is you have to be able to legally build it.
I've heard having a "other" lowers with stocks attached and a pistol buffer tube is kosher.
Umm, No.
He can possess all the stocked lowers and short barreled uppers he wants. He just can't mate them.
Case law has already been established over this regarding the TC Encore kit.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=504&invol=505
http://outyourbackdoor.com/images/articles/141006_tc.encore.jpg
umm, yes
the TC set was as you see a pistol, stock and rifle barrel.
from your link.
Here, however, we are not dealing with an aggregation of parts that can serve no useful purpose except the assembly
[504 U.S. 505, 513] of a firearm, or with an aggregation having no ostensible utility except to convert a gun into such a weapon. There is, to be sure, one resemblance to the latter example in the sale of the Contender with the converter kit, for packaging the two has no apparent object except to convert the pistol into something else at some point. But the resemblance ends with the fact that the unregulated Contender pistol can be converted not only into a short-barreled rifle, which is a regulated firearm, but also into a long-barreled rifle, which is not. The packaging of pistol and kit has an obvious utility for those who want both a pistol and a regular rifle, and the question is whether the mere possibility of their use to assemble a regulated firearm is enough to place their combined packaging within the scope of "making" one.
6
The TC Encore kit contained 5 barrels three rifle barrels, a muzzle loading barrel, and a 15" pistol barrel. As shown in the picture above.
The case came about as a person could buy all the parts to make an SBR and convert a pistol into a rifle then back to a pistol which at the time the ATF viewed as a no-no.
SCOTUS ruled that possessing all these parts did not constitute "constructive intent" as intent is not represented in the verbiage of the SBR definition. Also not only could an individual possess these parts legally they could also build said weapon into a rifle or pistol at anytime as long as they never constructed an SBR in the process.
In posting part a of the link you obviously didn't reference part b or c.
(b)However, application of the ordinary rules of statutory construction shows that the Act is ambiguous as to whether, given the fact that the Contender can be converted into either an NFA-regulated firearm or an unregulated rifle, the mere possibility of its use with the kit to assemble the former renders their combined packaging "making". Pp. 512-517.
(c) The statutory ambiguity is properly resolved by applying the rule of lenity in respondent's favor. See, e.g., Crandon v. United States, 494 U.S. 152, 168 . Although it is a tax statute that is here construed in a civil setting, the NFA has criminal applications that carry no additional requirement of willfulness. Making a firearm without approval may be subject to criminal sanction, as is possession of, or failure to pay the tax on, an unregistered firearm. Pp. 517-518
The word "firearm" is used as a term of art in the NFA. It means, among other things, "a rifle having a barrel or barrels of less than 16 inches in length. . . ." 5845(a)(3). "The term "rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed cartridge." 5845(c).