Holland&Holland wrote:Still questioning the illegal assertion. Are there cases where one was convicted just for having a barrel and happened to own an AR as well?
None with an AR yet that I'm aware of... however, Mr. David Owens tried to sell an undercover ATF agent a complete shoulder fired uzi and a short barrel that fit the uzi. Owens was circumventing the law in several other ways as well so there are several other things at play in his case, but part of the conviction was for the uzi/short barrel. If you're so inclined here is the ruling text
United States v. Owens, 103 F.3d 953 (11th Cir. 1997)Holland&Holland wrote:I mean what if you already have one stamp and own a 16 inch AR. Could not argument be made that you intend to put the upper from your registered sir and place on your unregistered one just as easily as this?
Not sure I am following, but I believe one of these 2 scenarios is what you may have intended to convey?
1.)you have a SBR upper with tax stamp(no lower) and a complete AR rifle =
legal, you have the stamp for the SBR for when it goes on the rifle lower
2)you have a SBR upper with stamp on a rifle lower and you own another short upper(no stamp) -
illegal, short upper(no stamp) would make an unregistered NFA item per constructive intent. Need either: a separate stamp for each NFA item to be legal or a pistol lower to make the short upper(no stamp) a pistol only upper
Ambiguity still seems to be present with stripped lowers as they are typically not marked 'pistol' or 'rifle' on the form 4473, but instead 'other firearm'.
- If you have a complete rifle, a stripped lower and a short barrel... is the stripped lower(no parts attached) sufficient to meet pistol barrel/pistol lower definition?
- A rifle can't be made into a pistol, but a pistol can be made a rifle then back into a pistol. Is a stripped lower, marked 'other', originally a pistol or rifle or whatever you tell the ATF it was first built into?