Not exactly.Isn't the ATF rule that if you have one of these short uppers AND a lower that the combination, even if not assembled, is a NFA item if you don't have an SBR stamp for at least one lower?
On June 8, 1992, the U.S. Supreme Court ruled that the Contender pistol and carbine kit are not a short-barreled rifle under the National Firearms Act, 26 U.S.C. §5845(a)(3). This means that a consumer may possess the pistol with its 10” barrel and may use the kit parts to make a rifle with the 21” barrel, as long as the shoulder stock is not assembled onto the receiver at the same time as the 10” barrel.
You need to have a lawful configuration possible with the components in your possession.ballardw Isn't the ATF rule that if you have one of these short uppers AND a lower that the combination, even if not assembled, is a NFA item if you don't have an SBR stamp for at least one lower?
No, it didn't.zoomie
United States v. Thompson-Center Arms Co. ruled you had to show intent.
Justice Souter wrote that “a set of parts that could be used to make nothing but a short-barreled rifle” would, if there is an “aggregation” of such, be a short-barreled rifle. The opinion states that “a combination of parts that could only be assembled into an NFA-regulated firearm” would be such a firearm.[1] Further, a non-NFA gun becomes an NFA firearm if “placed together with a further part or parts that would have no use in association with the gun except to convert it into a firearm.” As examples, the court mentions a carbine with a machinegun conversion kit,[2] and a pistol and attachable shoulder stock found in different drawers of the same dresser.
The court ruled in Thompson Center Arms' favor in that the carbine conversion kit did not constitute a short-barreled rifle, primarily because the kit contained both the stock and the 16-inch barrel.
Justice Scalia also noted that there is a warning carved on the stock telling the user to not attach the stock to the receiver when the 10-inch barrel is attached to the receiver or vice versa.
This circumstance caused the court to apply the rule of lenity since the NFA carries criminal penalties with it. This meant that ambiguous statutes are interpreted against the government.
And so can your AR as long as you have a rifle upper along with your pistol upper. They'd have a case if you have one lower and only one upper, but that wasn't implied or stated in the question I responded to.The TC Contender kit had a legal configuration for both pistol and rifle.
Careful. If "your AR" was originally a rifle, mere possession of a 7.5" upper means no lawful configuration as a Title I firearm. You have a lawful configuration as a rifle with a 16" barrel, but no lawful configuration with your 7.5" upper.zoomie
And so can your AR as long as you have a rifle upper along with your pistol upper.Quote:
The TC Contender kit had a legal configuration for both pistol and rifle.
A case for what?They'd have a case if you have one lower and only one upper, but that wasn't implied or stated in the question I responded to.
It's not really how many of either you have, the key is that you must to have a way to assemble any shorty upper you have into at least one legal configuration.They'd have a case if you have one lower and only one upper...
This is my understanding. I’m going by the original definition of a pistol lower, a plain pistol buffer tube with no holes or flanges to attach a stock or other parts. If I had a pistol upper I’d keep it attached to my pistol lower.This post is more of a question .
Do I understand correctly?
It is NOT legal advice ,as in "Do this and you are OK"
I believe I am OK to have a lower that was built to be a pistol that has a short featureless buffer tube and no brace or other buttstock like device attached..
And I also have rifle /carbine ARs with 16 in + barrels. Dedicated lowers.
I can own uppers with less than 16 in barrels that I can pin onto the lower that was built as a pistol so long as that upper does not have features that would put it in "any other weapon" class, such as handstops, foregrips, bipods ,etc. Everything is clean that way.
I have an extra short (Strike)buffer tube on my lower. I shoot with it spot welded under my cheekbone. The buffer tube does not even reach to my ear. By no stretch of the imagination is it designed or intended to be shoulder fired. Its not an option.
I require the gun be squeaky clean legal.
Let me know if I have it wrong per the BATF.
No such definition in federal law or ATF regulations, past or present.44caliberkid
I’m going by the original definition of a pistol lower....