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 12:51 PM.
"We hang the petty thieves and appoint the great ones to public office." - Aesop
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?
"Sometimes it is entirely appropriate to kill a fly with a sledge-hammer!"
You can tell the size of a man by the size of things that bother him.
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.
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.