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Thread: Constructive Intent
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April 8th, 2017, 02:02 PM #1
Constructive Intent
This is probably in the realm of talking to a lawyer and/or the BATFE directly, but figured I'd float it here.
Check out this product:
https://www.maximdefense.com/product...-exc-for-ar15/
It is essentially their buffer tube which can readily accept the full buttstock, but with a cheek weld attachment. Keeping the "EXC" attachment keeps in pistol configuration.
Is this basically a way to swap between Form 1/SBR and pistol configuration without the need for a dedicated pistol buffer which can't accept a standard stock?
I have a stamped Form 1 firearm in SBR configuration with the Maxim CQB standard stock, but this seems like a way where it becomes non-NFA regulated if in pistol configuration. BATFE documentation indicates that an SBR which no longer has a short barrel or stock is essentially no longer an SBR (even if a form 1 exists). Specifically, https://www.atf.gov/file/55526/download
Held further, a firearm, as defined by 26 U.S.C. 5845(a)(3) and (a)(4), is not made
when parts in a kit that were originally designed to be configured as both a pistol and a
rifle are assembled or re-assembled in a configuration not regulated under the NFA (e.g.,
as a pistol, or a rifle with a barrel of 16 inches or more in length)."A nation of sheep will beget a government of wolves." ― Edward R. Murrow
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April 13th, 2017, 12:41 AM #2
Re: Constructive Intent
Looks like more envelope pushing on the "pistol" vs SBR front.
To you last point, I believe once a firearm is registered on a Form 1 it is always considered an NFA item until you've returned it to whatever non-NFA setup it came as AND you've requested it be removed from the ATF's NFA Registry. I don't know why you'd want to take a Form 1'd SBR and turn it into a pistol anyway, unless you were going to sell it. At which point you just lost your $200 investment. IIRC the section you reference is for guns that were sold like a set that could be configured either as a pistol or as a rifle... I guess like the Thompson Conetender.--Adam
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April 15th, 2017, 12:51 PM #3
Re: Constructive Intent
Accordint to the BATFE, an NFA item is not restricted under NFA rules if it's even temporarily returned to a non-NFA configuration. Good example of this would be to take a SBR replace the stock/buffer with simply a pistol buffer tube as originally purchased. A more clear example is if you take one of those Glock-stock NFA items. Placing your Glock in it creates an NFA item, but without the stock attached, it's still just a non-NFA handgun.
My reasons are to still be able to transport without the stock and/or use the lower in pistol form in other states. I've got more invested in the lower than just the $200 stamp.
I may just end up buying the EXC attachment to make it more obviously a pistol buffer rather than with the stock. In full compliance, I'll also not have the stock in my possession during any times where I want to be clear.
Honestly, I think this is probably more in the realm of a NFA-lawyer territory, although I will probably pen a letter to the BATFE anyway."A nation of sheep will beget a government of wolves." ― Edward R. Murrow
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