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Thread: Purchasing short barrel before tax stamp

  1. #11
    Senior Member SONYtec's Avatar
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    Quote Originally Posted by SgtStrykerUSMC43 View Post
    I dug up a picture of his for sale ad. What do you guys think? Did he or did he not have an unregistered SBR and/or and AOW in his possession at the time of his arrest?
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    I don't see a Tax Stamp in the photo.
    Last edited by SONYtec; 04-11-2012 at 02:44 PM. Reason: to clarify my post
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  2. #12
    FN Supporter KIRK'S AWAY TEAM (GOLD SHIRT) artranscience's Avatar
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    Quote Originally Posted by SONYtec View Post
    I don't see a Tax Stamp in the photo.
    Hah, well, tax stamps are for *registered* NFA items. Unregistered SBRs are still NFA items, they are just illegally possessed NFA items. Hence the charges in this case, of course...
    Last edited by artranscience; 04-11-2012 at 10:01 AM.

  3. #13
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    Constructive intent is a slippery slope. Just because you have all the parts does not mean that you have constructive intent. Think normal household foodstuff/chemicals that can go 'boom'.

    I think the theory on this is that you would have to do something independent of making the firearm first before you could actually make the firearm. Thus the "constructive intent" of making something needed to make the NFA item.

    I remember reading a court decision on constructive intent that was dismissed because the person did not have all the necessary tools and it would have taken him more than a certain amount of time to build/obtain the tool needed to make the NFA item. Good thing, otherwise, everyone with a lathe and some stock could be charged with contructive intent.

    However, with some firearms the barrel switch does not need any additional tools and can be done very easily so that's a whole new ballgame.

    Your most robust defense is to keep a key item someplace else that you do not have ready access to.

    Just my .02 cents and not an acutal legal decision on the merits of the above argument.

    Read some other comments here: http://www.thehighroad.org/archive/i.../t-356690.html
    Last edited by HK SD9 Tactical; 04-11-2012 at 11:51 AM.
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  4. #14
    Senior Member SONYtec's Avatar
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    Quote Originally Posted by artranscience View Post
    Hah, well, tax stamps are for *registered* NFA items. Unregistered SBRs are still NFA items, they are just illegally possessed NFA items. Hence the charges in this case, of course...
    Agreed, I was answering Sarge's question, forgot to qoute him in my post originally.
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  5. #15
    Senior Member rangerrn's Avatar
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    I also have a question on this subject. I am a MI resident so when I purchased my 16S I was told that I had to register it as a pistol/handgun because when the stock was folded it did not meet the length requirement for a rifle, which leads me to my question. If my 16S is already registered as a pistol, does it matter what length barrel I put on there? Shouldn't I be able to install a short barrel without a tax stamp?

  6. #16
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    Quote Originally Posted by rangerrn View Post
    I also have a question on this subject. I am a MI resident so when I purchased my 16S I was told that I had to register it as a pistol/handgun because when the stock was folded it did not meet the length requirement for a rifle, which leads me to my question. If my 16S is already registered as a pistol, does it matter what length barrel I put on there? Shouldn't I be able to install a short barrel without a tax stamp?
    HELL NO!!!!!!!!

    Unless you you enjoy a cot, three squares and some time in the yard.

    If it has a stock it's a SBR.
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  7. #17
    Senior Member SONYtec's Avatar
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    +1 Tall...

    MI's definition and the Fed's definition of a pistol is obviously different.

    Federally the SCAR is a rifle, since it can be fired from the shoulder.

    You will need a Stamp for an SBR.
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  8. #18
    Senior Member rangerrn's Avatar
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    I figured as much, but I find it interesting that there is such a difference in definition. Any way to get an extra dollar for registration I guess. I just finished the paperwork for my can and sent it in. We'll see how long that takes before getting the SBR.

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