Constructive possession of buffer tube

**Sgt.K** · December 31st, 2020, 05:05 PM

I haven't seen this discussed anywhere, so here goes:

When I first considered building an AR pistol some years ago, I got the sense that I should only obtain a pistol-specific buffer tube so there would be no way to say I intended to mount a stock.

I have again considered building an AR pistol with an SBA3 or SBA4 brace. The buffer tubes that come with these braces seem to be the same 6-position tubes that stocks mount to. If I were to build out a pistol with one of these tubes, but not yet attach the brace, and am also in possession of multiple stocks for other builds, do I need to worry about ATF considering that to be constructive possession of an SBR?

Just because you're paranoid...

**fallenleader** · December 31st, 2020, 05:11 PM

what the ATF doesn't know, won't hurt your dog.

**ArmyVet** · December 31st, 2020, 05:34 PM

It's like trying to determine the flight path of a crow...

If you want to be safe, don't build one

**jthrelf** · December 31st, 2020, 06:00 PM

Practically speaking, I wouldn't worry about it.

But by the book, I think if you have another rifle around that can accept those extra stocks, then it's not the "constructive intent" bullshit. The stocks are for that rifle - not the pistol. If you only have the pistol, then it could be an issue. Someone will come around to confirm/deny.

**GOYABEAN** · December 31st, 2020, 08:30 PM

🤔 in that case the mere thought is constructive possession

**fallenleader** · December 31st, 2020, 09:08 PM

Originally Posted by GOYABEAN

�� in that case the mere thought is constructive possession

don't be a madonna. keep you thoughts inside your head.

**DucatiRon** · December 31st, 2020, 09:10 PM

Perfectly good reason to have a half dozen or so spare lowers around.

**Sgt.K** · January 1st, 2021, 12:10 AM

Originally Posted by DucatiRon

Perfectly good reason to have a half dozen or so spare lowers around.

Do not disagree...

**ray h** · January 1st, 2021, 03:44 AM

Originally Posted by jthrelf

Practically speaking, I wouldn't worry about it.

But by the book, I think if you have another rifle around that can accept those extra stocks, then it's not the "constructive intent" bullshit. The stocks are for that rifle - not the pistol. If you only have the pistol, then it could be an issue. Someone will come around to confirm/deny.

This ^^^^
It would be hard for them to prove you planned to put that stock on your pistol if you had other rifles around that are compatible with it. They would have to prove you had no other purpose for the stock. If you didn't have another gun (or at least a lower) to put it on then I would say worry about it (a little).
I have multiple AR rifles so not an issue but I also have an old 10/22 chassis laying around that has a milspec tube for my extra stock, just in case.

**jesemd** · January 3rd, 2021, 07:46 PM

I believe the KAK Shockwave 2 was available with either a standard tube or a proprietary tube that fit only that brace...not sure if it still is. That is one option if you are concerned.