Pistol to SBR Question

[cthornbe]

First off I would like to apologize if this is a question that has either already been asked or is something that is asked often.

I am in the process of building an AR-15 Pistol but eventually want to convert it to an SBR. So here is my background ...

1. I have the Lower Receiver in my possession
2. I have purchased the AR-15 Pistol Kit Parts (barrel, upper receiver, lower parts kit, etc.) which is slated to ship in the next 21-30 business days (pretty much forever)
3. I have an ATF approved Shockwave Technologies Pistol brace on order that should arrive in the next week or two.
4. I have 2 other AR-15 Rifles already in my possession
5. I have an NFA Gun Trust

I would like to get the tax stamp process started with the ATF to register this as an SBR. From what I hear it would be "illegal" for me to have all of the parts to build said SBR in my possession and THEN apply for the stamp.

What is the best method for starting this process?

and go ...

 

[Hop]

Attach the pistol buffer tube to the lower before possessing the short barrel and you'll be fine.

 

[Dog1]

Attach the pistol buffer tube to the lower before possessing the short barrel and you'll be fine.

Yep. The good thing about that is you can sort out any issues with the build and shoot it while waiting for the paperwork to clear.

 

[cthornbe]

Attach the pistol buffer tube to the lower before possessing the short barrel and you'll be fine.

So, the problem is ... my kit is coming with "everything" (with the exception of the receiver).

DIY 7.5" Stainless .223 / 5.56 Wylde AR15 Pistol Kit ? Ground Zero Precision

 

[cthornbe]

Actually, the more I think about it ... I did order a KAK Shockwave Tube when I purchased the Shockwave so I guess I should be good to go.

KAK SHOCKWAVE TUBE

 

[stephen87]

1. Apply for SBR.
2. Have lower engraved
3. Build AR pistol
4. Shoot said pistol
5. Get your paperwork back
6. Build SBR

It can be construed as intent to build an SBR if you have only rifles and a short barrel. If you have a pistol lower and a short barrel, you're good to go.

 

[Trigger Time]

You can have a pistol first and then convert it to SBR once your stamp comes back.

Can anyone cite a case of constructive intent where a person had a pistol upper and a rifle lower in 2 separate locations in their home and never put them together? I'm not playing devils advocate or being smart I'm seriously just asking. I think constructive intent is blown aay out of proportion by the gun community. Like the telephone game

 

[stephen87]

I can't. I also can't provide an example of someone who had a rifle and a pistol upper, and has successfully defended himself in court against an intent charge. Doesn't mean it hasn't happened, just that I don't know of any cases and I'd rather not be the defendant. Lol