Looking to see the legality of someone potentially owning a factory undrilled Zastava M92 pistol and an underfolder stock kit prior to filing for a tax stamp.

One train of thought seems to be that the possession of parts that would only be able to construct an illegal firearm could get someone hemmed up.

However, many other comments mention it would only possibly be constructive possession if parts can be "readily" made into an illegal combination. For an AK it's not a simple pair of receiver pins or sliding a stock onto a buffer tube. It would require a bit of machining with more than simple hand tools.

I know it's a gray area, just wanted some insight. I feel like the complexity of install where a person couldn't just sit down and have a stock thrown on the pistol in 5 minutes with a screwdriver would negate constructive possession, but not sure.

You're good. The term "intent" is more important. I've sbrd/sbs'd ak's. While I have the knowhow and parts to do another, my intent is to await stamp approval. When filing your stamp your reason is for lawful purposes.

If you own an AR pistol and a rifle, what's stopping you from hitting 2 pins and swapping uppers? Intent.

You're good.

Parts are fine as long as you don't build it.  Hell, you can buy AK parts kits with complete FA FCGs and own a semi AK and it's perfectly legal and nobody will shoot your dog.

What you don't want to do is have a short upper and no pistol or SBR lower and get searched.  Theoretically you could legally do that but but it's a bit in the nose and some asshole cop would just put it on the rifle lower and it's your word against his.

If you don't also have a long barrel, to make a rifle, I don't think the TC case covers you. Ergo, no bueno.

I second not posting if you're already in possession.

Searched by who? This imaginary “asshole cop” who is going to disassemble and reassemble your guns into illegal conditions? If your concern is illegal activity by “some asshole cop” then whats stopping “them” from just dropping some drugs in your house? Or saying your computer has CP? Or that your taxes need auditing?

This kind of stuff isn’t helpful to the original posters question.

They are probably referencing the Justin Stegall case from Arkansas where he was convicted of possession of an unregistered SBR and sentenced to 30 months in prison.  It was purported that he had multiple AR style  parts in his car during a traffic stop/road-rage event.   The components found in his trunk including a stocked lower, an AR pistol lower with a carbine buffer tube attached, and a short barreled upper.    They still charged and won a convicted even though the defendent claimed the "stock" was never on the pistol lower and/or the short upper was never on the rifle lower and the officer must have combined them together to make the SBR.

https://thenewrifleman.com/it-should-concern-us-all-nfa-violation-in-arkansas/

https://www.ar15.com/forums/general/Arkansas___Man_gets_30_month_sentence_for_possession_of_unregistered_SBR/5-1869992/

Is this a corner case situation....absolutely.  Was it smart for Justin to have allegedly waived a handgun at another motorist, sure wasn't if that part is true.

Is  this unique situation going to happen to the OP even if he decides to store the AK pistol and AK Stock in the trunk of his car and drive all over town for the duration of the Form 1 approval, I would agree the risk is still probably very small.  As mentioned, of course there are some small number of crooked cops out there as well who could jam you up on a trumped up charge because they woke up on the wrong side of the bed that morning but that is a baseline risk you really can't mitigate.   However, it also doesn't take a crooked cop to potentially refer you to the ATF and US DOJ when he finds all the component makings of a AK  SBR in your trunk either and figures he will report it up the chain of command.

If you are the OP and you have a bunch of firearm parts and an applicable firearm  in your possession for which you don't have a configuration legal safe harbor under the Thompson-Center precedent, my advice is its probably best to not drive around with them in your car where a traffic violation could put you at risk.  The US prison system is full of folks who rolled that dice and crapped out because they got caught with contraband in their vehicle and if they had just left it at home would still be out free.

My take is that if you have an AK pistol  and an under-folding AK stock in your house at the same time the odds of you getting caught and having a legal issue are almost non-existent assuming the rest of your life is pretty buttoned up.  i.e. you don't deal drugs out of your house, run a brothel,  have a history of domestic violence calls to your residence from the neighbors, or work for a solvent trap company currently in the feds prosecutorial crosshairs, etc.   Something that would attract LE attention for an unrelated issue to your home.

Keep the parts separated, don't do any work to the AK pistol receiver that could be construed as steps toward making it a SBR, and submit your eForm 1.   If you want to be extra careful, give the stock to a trusted friend to hold for you for the next couple of months.

Short of a search warranty being served on your primary residence in the next 60 to 90 days you will be good to go with a tax stamp in hand to build your AK pistol into an SBR AK.

Good luck with whatever you decide.