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Dumb Question About SBRs


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#1 mizombiekilla

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Posted 17 August 2015 - 07:13 PM

So I e-filed a form 1 for my pap.  While I'm waiting, can I purchase a stock and folding mechanism?  I know I can't attach it and won't start drilling holes until I get my stamp, but can I have the stock in the same place as the gun in it's current pistol form? 

 

I've seen a lot of AR posts about this but not about AKs, and my apologies if this has been beat to death.


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#2 elvis christ

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Posted 18 August 2015 - 10:49 AM

Sure. You can have whatever you want, as long as it's not installed or not able to be installed, as far as I know.
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#3 1911

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Posted 18 August 2015 - 07:46 PM

Something about constructive possession comes to mind. :) 


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#4 mizombiekilla

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Posted 18 August 2015 - 08:36 PM

Something about constructive possession comes to mind. smile.png

Right.  I feel like there's a whole can of worms I don't want to open so maybe I'll just wait until my stamp comes.


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#5 HighPlainsDrifter

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Posted 19 August 2015 - 12:02 AM

So I e-filed a form 1 for my pap.  While I'm waiting, can I purchase a stock and folding mechanism?  I know I can't attach it and won't start drilling holes until I get my stamp, but can I have the stock in the same place as the gun in it's current pistol form? 
 
I've seen a lot of AR posts about this but not about AKs, and my apologies if this has been beat to death.



I am about to file mine for my M92. What are you putting on that thing?

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#6 elvis christ

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Posted 19 August 2015 - 03:56 PM

If the stock can't be readily attached to the weapon there is no constructive possession. Like, you could own a Romanian folding stock and a Draco pistol, as long as the Draco doesn't have a regular rear trunnion installed there is no constructive possession. If you're looking at an ace type stock and adapter, as long as there's no holes drilled in the back of the flat rear trunnion there is no constructive possession. This is my opinion, not a lawyer, never played on on TV.
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#7 mizombiekilla

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Posted 19 August 2015 - 07:52 PM

 

So I e-filed a form 1 for my pap.  While I'm waiting, can I purchase a stock and folding mechanism?  I know I can't attach it and won't start drilling holes until I get my stamp, but can I have the stock in the same place as the gun in it's current pistol form? 
 
I've seen a lot of AR posts about this but not about AKs, and my apologies if this has been beat to death.



I am about to file mine for my M92. What are you putting on that thing?

 

Just an Ace side folder


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#8 HB of CJ

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Posted 19 August 2015 - 11:23 PM

How about having your Ace folder and adaptor mailed to your local gun shop and have them hold it for you?  I got several NFA related things sitting in one of their big safes because I do not want to even think about creative possession or control.

 

It is hard to be patient but this might be one of those times where it is best to have that tax stamp in your eager hands before buying the conversion stuff?  This is just my opinion only.  Others will differ.  I for one would not want to test that 400 pound Gorilla.

 

All US Code Laws And NFA Rules Apply.



#9 HighPlainsDrifter

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Posted 19 August 2015 - 11:29 PM

Or leave the folding mechanism at work or with a friend. I am not sure what the law states, but I can't imagine why authorities would be in my home nor can I imagine any of them being quick enough to put two and two together to claim I had intent. I suppose stranger things have happened.
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#10 Netpackrat

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Posted 23 August 2015 - 01:53 AM

Standard disclaimers (I am not a lawyer, etc) apply, but as long as you haven't drilled the mounting holes in your pistol, you should be okay.  In the highly unlikely event that they drag you into court and claim that your possession of the stock constitutes intent, your lawyer then introduces as evidence a copy of your submitted Form 1 and a bank statement showing payment of funds to ATF, thereby proving beyond a doubt that your actual intent was to comply fully with the law.

 

If you want to be more cautious (rarely a bad idea when dealing with firearms laws), Ace style stocks and folding mechanisms are a commodity these days...  They will be just as available when your form comes back, as they are now.


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#11 GunFun

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Posted 25 August 2015 - 02:37 AM

I would not worry for a second about having them all together. 



#12 HB of CJ

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Posted 28 August 2015 - 07:05 PM

Respectful difference of opinion.  Mine only.  I also up front will default and admit to paranoia.  Wait until you have the physical tax stamp in hand before gathering all the parts.  Too much potential for too much to go wrong and little reason not to wait.  Again, Paranoia.  The BATFE is watching this forum.  Easy to find out who we are and where we live.  Sad but true.  I for one would hate to give out semi legal information that may not reflect what the BATFE is going by this week.  Again, why piss off the 400 pound Gorilla when it is not necessary?  Or ... the level of terror must be maintained?  Your choice.  Your decision.  My opinion only and many others will differ.  All US Code Laws And Made Up And Constantly Changing NFA Rules Apply.  Sad but true.






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