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Post subject: Qualified legal oppinion on NFA firearms issue
Post Posted: Thu Apr 27, 2017 4:23 pm
I have been wondering about potential issues with the BATFE when one owns an AR-15 type pistol and an AR-15 type rifle. Swapping the pistol top end with the rifle lower half would create an NFA restricted SBR, obviously, however I have read, and BATFE agents I have spoken with have all agreed, that being in possession of the parts to assemble an NFA restricted item is the same in their eyes as possessing the assembled item. I would think the same situation exists with the possession of both a Mossberg Shockwave and a Mossberg 590. Does the BATFE just give this issue a pass? Is there case law? Any lawyers with NFA experience out there?
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Post subject: Re: Qualified legal oppinion on NFA firearms issue
Post Posted: Fri Apr 28, 2017 10:32 am
As far as I know as long as you have a way of assembling a legit non-nfa firearm you should be ok.

if you had say a ar-15 rifle with buttstock and a pistol and rifle length upper.
They could argue constructive possession.
Because the Pistol upper is a orphan with no way to configure a non-nfa gun.

If you had a complete AR15 pistol and rifle (with correct lowers) you're fine.

I think you would also be fine in the first example if you had a pistol buffer tube handy.
Because your single (complete) ar15 could be reconfigured with the pistol tube on the lower and the pistol upper and be legit.. assuming the AR15 was first configured as a pistol when it was bought, or if first built into a pistol if it started out as a stripped lower.

Pistols can turned into rifle configs and then back again, but if it started out a rifle it can't be reconfigured as a pistol.

If you have 2 complete firearms you should be fine, even if you could swap parts between them and make a NFA firearm it is not as I understand it constructive possession.

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Post subject: Re: Qualified legal oppinion on NFA firearms issue
Post Posted: Fri Apr 28, 2017 11:22 am
Thanks.
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Post subject: Re: Qualified legal oppinion on NFA firearms issue
Post Posted: Fri Apr 28, 2017 1:26 pm
mmmm I just realized you're looking for a lawyer to respond, I am not a lawyer this is just my understanding of the law so don't take my post as sound legal advice.

  • If you can't hit the broad side of a barn, You're not using enough bullets.
  • Zombies are the Trash-men of Humanity.
  • Certified Ammosexual, lolzImage
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Post subject: Re: Qualified legal oppinion on NFA firearms issue
Post Posted: Fri Apr 28, 2017 4:53 pm
You are correct, never the less thanks.
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